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HomeMy WebLinkAboutTaxis the Tavern - Emil Varona - Appeal - CUP 90-32R - Incre i- CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 29, 1996 Mr. Emil Varona Taxi's The Tavern, Inc. 318 Main Street Huntington Beach, CA 92648 Dear Mr. Varona: The City Council of the City of Huntington Beach at its regular meeting held Monday, February 20, 1995 denied the Appeal and denied Conditional Use Permit No. 90-32(R)based on the attached findings. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from February 29, 1995 to apply to the courts for judicial review. If you have any questions regarding this matter, please contact our office-536-5227. Sincerely, ,t / ocit/ � Connie Brockway, CMC City Clerk CB:cc Enclosure cc: City Attorney Community Development Director Susan Pierce, Community Development City Administrator &/followup\90dayltr I Telephone:714-536-5227) Council/Agency Meeting Held: Deferred/Continued to: ❑Approved ❑ Conditionally Approved XDenied City Clerk's Signa e Council Meeting Date: February 20, 1996 Department ID Number: CD96-09 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED 13Y: MICHAEL T. UeERUAGA, City Administrato � Vr PREPARED BY: MELANIE S. FALLON, Director of Community Developrr?ent SUBJECT: APPEAL OF PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 90-32(R) - TAXI'S THE TAVERN Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is an appeal by Councilmember David Garofalo, of the Planning Commission's Denial of Conditional Use Permit No. 90-32(R). This is a request for the modification of an existing condition of approval which limits the number of live performers at a restaurant/bar (Taxi's the Tavern) at 318 Main Street to a maximum of two. The modification is to allow up to a maximum of seven (7) performers. Councilmember Garofalo appealed the project on behalf of the President of the Downtown Business Association. Councilmember Garofalo is requesting that Council analyze the findings for approval made by staff and reconsider the Planning Commission's denial of the request to increase the number of live performers. Funding Source: Not applicable. Recommended Actions: A. PLANNING COMMISSION RECOMMENDATION: Motion to: "Uphold the Planning Commission's action and deny Conditional Use Permit No. 90-32(R) with findings (Attachment No. 2)." ✓ O #QUEST FOR COUNCIL ACTH MEETING DATE: DEPARTMENT ID NUMBER: CD96-09 Planning Commission Action on December 12, 1995 A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS TO DENY THE MODIFICATION TO CONDITION OF APPROVAL NO 2. FOR CONDITIONAL USE PERMIT NO. 90-32(R) WITH FINDINGS FOR DENIAL, (ATTACHMENT NO. 2) BY THE FOLLOWING VOTE: AYES: HOLDEN, LIVENGOOD, BIDDLE, GORMAN, KERINS, SPEAKER NOES: NONE ABSTAIN: TILLOTSON ABSENT: NONE MOTION PASSED B. STAFF RECOMMENDATION: Motion to: "Overturn the Planning Commission's action by approving the modification to Condition of Approval No. 2 for Conditional Use Permit No 90-32(R) with findings and conditions of approval (Attachment No. 10)." Alternative Action(s): The City Council may take the following alternative action: "Continue Conditional Use Permit No. 90-32(R) and direct staff accordingly." Analysis: A. PROJECT PROPOSAL Applicant: Taxi's The Tavern, Inc., 318 Main Street, Huntington Beach, CA 92648 Appellant: Councilmember Dave Garofalo Location: 318 Main Street (east side, south of Orange) Conditional Use Permit 90-32(R) is a request for the modification of Condition of Approval No. 2 which permits live electronically amplified music and entertainment, but limits the maximum number of performers to two (Attachment No. 5). The applicant requests that the limitation on the number of performers be increased to a maximum of seven, to allow groups CD96-09.DOC -2- 02/09/96 3:30 PM *QUEST FOR COUNCIL ACTH MEETING DATE: DEPARTMENT ID NUMBER: CD96-09 such as quartets and quintets to perform and to allow an announcer or master of ceremonies (Attachment No.3). As originally approved, Conditional Use Permit No. 90-32 was a request by the owners of what was then Marzella's Pizza Restaurant for a permit for live entertainment within an existing restaurant. In September of 1994 there was a change of ownership and the restaurant became Taxi's the Tavern. Taxi's currently occupies suites 316 and 318 of the 300 block on the east side of Main Street. The total floor area of the two suites is approximately 1800 square feet (Attachment No. 4). Taxi's is primarily a pizza restaurant/bar with pool tables and has a maximum occupancy of 120. The seating arrangement is informal, consisting mainly of bar stools and a counter top along the window and the north wall of the restaurant. The stage area is a 14'x 5' removable wooden platform that is placed towards the rear of the building, with one of the pool tables being removed to accommodate the stage. There has been live entertainment at this restaurant since Marzella's Pizza requested approval of Conditional Use Permit No. 90-32 and was issued an Entertainment Permit in July of 1990. In compliance with Municipal Code Chapter 5.44, an Entertainment Permit is required from the Police Department for entertainment within a restaurant. In July of 1995, Taxi's requested that the Police Department modify the conditions of their Entertainment Permit. Because the approved conditional use permit contained specific conditions that regulated the entertainment activities, the applicant is also required to modify the conditional use permit. Taxi's most recent Entertainment Permit (Attachment No. 6) expired in November of 1995. The applicant must apply for renewal of their Entertainment Permit prior to continuing their entertainment activities. B. STAFF ANALYSIS AND RECOMMENDATION: The Planning Commission Staff Report (Attachment No. 8) discusses three primary issues of the proposed use. The following is a discussion of those issues: Noise Because sound at Taxi's is regulated by a central sound system which keeps the volume of the music at a consistent level regardless of the number of performers, increasing the number of performers will not increase the noise level. According to the Police Department, there have been a few complaints about noise on this site since the start of live entertainment in 1990, but nothing that would be considered unusual for this type of use. According to the Police Department, there were two complaints about noise from live entertainment, in 1995. Officers investigating these complaints found that there was not excessive noise from entertainment coming from the subject site or any violation of the Huntington Beach Municipal Code. CD96-09.DOC -3- 02/09/96 3:30 PM &UEST FOR COUNCIL ACTH MEETING DATE: DEPARTMENT ID NUMBER: CD96-09 Parking The request to increase the number of performers would not result in an increase in the square footage of the building or a change in land use category that would require additional parking. Currently, there are 26 parking spaces at the rear of the site and public parking on the street in front of the building. The surrounding land uses in the area are retail commercial uses and a hair salon, whose hours of operation would not conflict with the hours of live entertainment. Land Use Compatibility Taxi's is buffered from residential development on all sides. On the west side of Main Street, directly across from the project site is a public parking lot. To the north is a hair salon and to the south is a retail shop, which will both be closed during the hours of entertainment. Across the alley to the east is a commercial office building and an oil production site. The closest residential area is located on the east side of Third street and is over 200 feet from the restaurant site. Planning Staff recommended approval of the request to the Planning Commission and is continuing to recommend approval. The Departments of Public Works and Fire, and Building Division have recommend conditions which are incorporated into the suggested conditions of approval. The Police Department's recommended conditions are attached (Attachment No. 9). The subject site is located within the Downtown Redevelopment Project Area. Redevelopment staff has reviewed this proposal and recommends approval of four (4) to five (5) performers with the restrictions on hours to remain consistent with the existing condition. They further recommend that a six (6) month review of this project be conducted and that a condition of approval be included providing for the revocation of the entertainment permit if noise becomes excessive. C. PLANNING COMMISSION MEETING SUMMARY AND RECOMMENDATION: At the December 12, 1995 Planning Commission meeting (Attachment No. 7), the Commissioners discussed the request and denied it because they felt that an increase in the number of live performers would not be compatible with nearby residential uses due to excessive noise created by the patrons of the establishment. Five people spoke in opposition to the proposal, citing excessive noise, an increase in crowds and loitering in this area, and the attraction of an "undesirable element." CD96-09.DOC 4- 02/09/96 3:30 PM ANI GUEST FOR COUNCIL ACT MEETING DATE: DEPARTMENT ID NUMBER: CD96-09 The Planning Commission based their denial on findings that the restaurant is not adequately buffered from surrounding residential uses and the contention that increasing the number of entertainers will increase noise within the vicinity. D. REASONS FOR APPEAL Councilmember David Garofalo requested appeal of the Planning Commission's denial (Attachment No. 1) based upon a request by Steve Daniel, President of the Downtown Business Association, and based on the fact that staff was able to make findings for approval of this request. Staff recommends approval because the restaurant/bar has demonstrated compliance with the regulations of the Downtown Specific Plan and is consistent with the goals and polices of the General Plan for Mixed Use developments. Further, the Police Department has indicated that there have not been an excessive number of complaints regarding the activities at this site. E. SUMMARY Staff supports the proposed modification to CUP 90-32(R) increasing the number of live performers at Taxi's the Tavern for the following reasons: 1. Issues involving live entertainment, such as parking availability, noise, and compatibility with surrounding land use have been adequately addressed though the original conditional use permit or through the approval of an entertainment permit. The closest residential area is located over 200 feet from the restaurant site. 2. The proposed increase in the number of live entertainment performers complies with the provisions of the Downtown Specific Plan and the properties zoned for Mixed Use development within District 5. 3. Increasing the number of live performers at this site does not constitute an expansion of the restaurant use and would not require additional parking. 4. Since the time of the approval of the original Conditional Use Permit, the restaurant has been expanded and can accommodate a larger audience and more than two live performers. 5. Live performances at this site under the recent entertainment permit have not resulted in an excessive number of complaints to the Police Department with regard to noise. 6. Increasing the number of performers will not increase the noise level, which will be regulated by a central sound system. CD96-09.DOC -5- 02/09/96 3:30 PM *QUEST FOR COUNCIL ACTS MEETING DATE: DEPARTMENT ID NUMBER: CD96-09 Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. Attachment(s): City Clerk's Page Number _. _ ..... .. ......... .............._.............. ........... ......... . ............._ ..... ..........._.............. 1. Appeal Letter Dated December 12, 1995 2. Findings for Denial (Planning Commission Recommendation) 3 Applicant's Narrative 4. Floor Plan Dated December 12, 1995 5. Original Conditions of Approval (CUP No. 90-32) 6. Original Entertainment Permit Issued by Police Department 7. Planning Commission Minutes Dated December 12, 1995 8. Planning Commission Staff Report Dated December 1, 1995 9. Police Department's Recommendations 10. Findings and Conditions of Approval (Staff Recommendation) MSF:SH:kjl CD96-09.DOC -6- 02/09/96 3:30 PM A.. TTNC......... N..... ..::: T 1... F�B CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION HUN TING TON BEACH 1 I To: Connie Brockway, City Clerk From: DavidGarofaCo, CounciCman Date: December 22, 1995 Subject: Appeal Conditional Use Permit 90-32(R) Taxi's-Live Performers Based on a request from the President of the Downtown Business Association I would respectfully like to appeal the Planning Commission denial of CUP 90-32(R) including staff findings for approval as follows: 1. Issues involving live entertainment, parking noise, and compatibility with surrounding land uses have been adequately addressed through the original conditional use permit or through the approval of an entertainment permit. 2. The proposed change complies with the provisions of the Downtown Specific Plan and the properties zoned for Mixed Use development within District 5. 3. -Increasing the number of live performers at this site does not constitute an expansion of the restaurant use and would not require additional parking. 4. Since the time of the approval of the original CUP, the restaurant has been expanded and can accommodate a larger audience and more than two (2) live performers. 5. Live performances at this site under the recent entertainment permit have not resulted in an excessive number of complaints to the Police Department with regard to noise. 6. Increasing the number of performers will not increase the noise level, which will be regulated by a central sound system. DG:PD:pad. xc: City Council o = City Administrator C"i Community Development Director l~ "car m �s DOWNTOWN BUSINESS ASSOCIATION TO: COUNCILMAN DAVE GAROFAL0 FR: STEVE DANIEL RE: APPEAL OF TAXI - TAXI ENTERTAINMENT PERMIT DENIAL AS PRESIDENT OF THE DOWNTOWN BUSINESS ASSOCIATION, I AM RESPECTFULLY REQUESTING THAT YOU USE YOUR OFFICE TO APPEAL THE RECENTLY DENIED APPLICATION TO EXPAND THEIR ENTERTAINMENT PERMIT. SINCE LY, V PRESIDENT ... ... ................. ......... ATTACT�IENT 2 ` k :JJ Huntington Beach Planning Commission -------------------------- P.O. Box 190 California 92648 Date: December 12, 1995 NOTICE OF ACTION Applicant: Taxi's the Taveri. Inc.. 318 Main Street, Huntington Beach, CA 92648 Priem Owner: Bob Boleti 322 Main Street. Hum--* ,on Beach. CA 92648 Subiect: C 0 N I T 10'<.-.i US;= PBi��42-1± G. 90-32�:c i Your application was acted upon by the Huntington Beach Planning_Com.*nission on December 12. 1995 and o.:r reo.:est was. WITHDRAWN APPROVED APPROVED WITH CON-E)MIiONS DISAPPROVED (se- anache:6). TABLED CON-ITIN�UED UNTIL Under the provisiors'of the 1lunarg-ton Beach GTEnance code, the action taken by t'ne l�latining Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of twelve hundred (S1,200) dollars and be submitted to the City Clerk's office within ten (10) days of the date of the Commission's action. In your case, the last day for filing an appeal and paying the filing fee is December 22, 1995 Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has started_ (pcna045-2) • Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 December 15, 1995 T=**s The Tavern Inc. 319 Main Sueet Huntington Beach, CA 92648 SUBJECT: CO*.ND1T10NAI. USE PERMIT 90-:2(R) PROPERTY O\?N-ER: Bob B01er. =22 '`4a11'n S:-po- P,.:..:.^5 o^ EB c h C A 92648 IEl1l.-S 1 To .G::. :+7 tJ: 1JOtiSi'v cV:J :eSJ J:,:I l7rJ G iil4Urrl urn r (^ V pen;w-mers at T2x1's Tavern, LOCATION: 318 Main Street (E2_n side. south of Orange Avenue) DATE Or AC 1 ON: Dece-ben :2. 49CY5 FLXDING FOR DENIA-L - CONDITIONAL USE PERMIT NO. 90-32(R): 1. The proposed increase in the number of hve peJ fonmers (from,ruxunum iwo j 10 no 117`11]1.) at 2n eX]nl-:&res-Jau'ant!bar u?ll nm be compatible •'•Ls? adia:. - resid=t121 �r0 '- e�•''�SPS bec '15e L�;e .:5e is not:ade0uatel-;buffered from sur7oundln2 residential uses. The use is In close p-ox. 1v to residue^tial uses and%%U zerera;.e addi•.iora!noise. 2. The proposed increase in the number of live performers (from rna imum two [2) to no lirn T) at as exxang restauranvbar will be detrimental to titre general welfare of persons y:oiking or residing in the 17cinkry because it.\X�ll generate additional noise from the expanded performers and from additional patrons leaving the rremiccs b•:vezicle and foot. I hereby certify that Conditional Use Permit No. 90-32(R)was denied by the Planning Commission of the Citv of Huntington Beach on December 12, 1995 upon the foregoing findings. Sincerely. Howard alefsky. Secrawv Planning Commission bv: i eott Hess,AJCP Senior Planner (pcc)001-12) ........... ............................ ...................................................................................................... ......................................... ........... .......... ..................... ............. .. ....................... .......... ............. ...................... ................... ............. .................::................ ............ ............................... .... ..... ............................ .................................. ....................... ......... .............. ..................... ................................................ ................ ...... .... ....................... ....... ....... ........ ................... ............. ........ .......... ........... .. . .......................................................... ............. .... ..................... ................................................ .. .......................................................... .. ......... ........................................... .......... .......................... ...... .......... .......................... ... ...... --- .. .. .... ........................... ........................ .... . .... ....... ............................ ------ . ....................... ..................... .... ..... ............ ...................... ...........V...... .................. ..... ...... ................. 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ATTACHMENT N0. - ..................... ............ ... ...... ........... a..........................�. TTHME ....... ....... ................ .......................... ........ ................ ............................... ... . ............................ .. ........ X ...... .. ... ................................. ............................ .......... ............................ . ............. iCF cK. � FT - --•' f ,Cerhov� oJvn loll ./I r AS ro*r rjNc.ocr.PA�I` i \ \• LeAA or o5 La ,(rot Tv ScALL-- $rJJLDIJ� : ti n qT 3�a Y�AIAI ATTACHMENT NO. ................... �' TACHMFT�' ........... ........ ..... ........ .................... ...................................... ........... . ................. .................................. ............................................... . . ................. . ..... .. ....... ............. ..... .. .............. X. ..................... ............................... ........ . ........ ................. ...... ------................. ....------------- ............................ ........ .. .. ................. ............ ... .................. .... . ... ..... .................... ....... .... ................... .. ........ ........... ........... .............. ..... .................. ........... ............. ..................... ............................... .......................................... ........... ...... ............... . ........................ ............................... ........... ... ..... ..................... ... ........... ........................................... .... ............................................. ....... . .... ......... ......................................... J� Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 July 23 , 1990 Catherine F. Marzella 1521 Alabama Street , No . 3 Huntington Beach, CA 92648 SUBJECT: CONDITIONAL USE PERMIT NO. 90-32 REQUEST: To permit live entertainment (up to two (2) musicians/comedians) within an existing restaurant . LOCATION: 318 Main Street DATE OF APPROVAL: July 17 , 1990 Findinas forrpproval - Conditional Use Permit No . 90-32: 1 . The establishment, maintenance, and operation of lice entertainment (up to two (2) musicians/comedians with electronic amplification) will not be detrimental to the general welfare of .persons residing or working in the vicinity. Adequate buffering from residential uses is provided by parking areas and retail/office buildings . Further, the proposed hours of entertainment are after the business hours of surrounding retail and office uses . 2 . The proposed live entertainment will not be detrimental to property and improvements in the vicinity of the restaurant due to the layout and design of existing and proposed uses . . 3 . The proposed use is consistent with the City' s General Plan and Zoning designations which allow entertainment in conjunction with a retail/commercial dining establishment . Conditions of Approval - Conditional Use Permit 90-32 : 1 . The site plan and floor plan received and dated June 21, 1990, shall be the conceptually approved_ layout . 2 . Live electronically amplified music and entertainment shall be limited to a maximum of 2 performers and shall be limited to the following hours : ATTACHMENT NO. CONDITIONAL USE PERMIT NO. 90-32 r Page Two Monday through Saturday - 8 : 00 PM to 1 : 00 AM Sunday - 3 : 00 PM to 10 : 00 PM 3 . Dancing shall be prohibited . 4 . An entertainment permit shall be submitted and approved by the Police Department prior to the establishment of the live entertainment within the restaurant . 5 . The proposed use shall comply with all applicable fire and building codes , including Chapter 33 of the Uniform Building Code . 6 . All activities shall comply with all applicable ordinances of Title 5 , Business . License and Regulations , and Title 9 , Public Peace, Morals and welfare of the Huntington Beach Municipal Code . 7 . The proposed live entertainment shall comply with Chapter 8 . 40 "Noises" of- the Huntington Beach Municipal Code. Should complaints be received regarding noises generated by the live entertainment , the Planning Commission reserves the right to require the applicant to mitigate the noise level . 8 . This conditional use permit shall run with the applicant . Any additional activities beyond those proposed - (musicians and comedians) shall require the review and approval through the conditional use permit process . 9 . The primary use of the building shall be dining and the sale of food and beverages . Dancing and live entertainment (comedians/musicians) shall be a secondary use. Othe six-month review of .the establishment shall be conducted by Planning Commission in order to assess compliance with and the effectiveness of the adopted conditions of approval . 11 . The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs . : :�:. j-1M1:NT N0*` CONDITIONAL USE PERMIT NO. 90-32 Page Three I hereby certify that Conditional Use Permit No . 90-32 was approved by the Planning Commission of the City of Huntington Beach on July 17, 1990 , upon the foregoing findings and 'conditions . This approval represents conceptual approval only; detailed plans must be submitted for review and. the aforementioned conditions completed prior to final approval . Sincerely, Mike Adams , Secretary Planning Commission by: u Hal Simmons Senior Planner ( 6499d-18-20) � ............. ....................................................... .�CHMENT C � = n' J.' CITY OF HUNTINGTON BEACH -` P.O. BOX 711 CALIFORNIA 92648 CITY TREASURER—DONALD L.-WATSON o� ENTERTAINMENT Th'S : :RMIT A* LC.;-:S .'-NL TE!c : ;TIVi F- =;TOWN BEI. :'N BY':"i1E PERSa1 TO A'HOM THE PERMIT IS ISSUED. (1-:S FLR AIT .c JON•'..RA 'SFERAB. E ISSUED TO: TAXI TAVERN 318 MAIN STREET HUNTINGTON BEACH CA 92648 ACTIVITY: 1 .HOURS; FRIDAY AND SATURDAYS, 10:00 P.M. - 1:00 A.M. 2.A✓DI T IVI4i.L DATE G ALL 0YrCO3 i':t YV•1 EARS EVE, Ni E410R!AL Dfief, F0 R,I h OF JULY, PIERFEST DATES, OP PRO COMPETITION DATES, LABOR DAY AND-ONE DAY FOR THE TAXI C}IRI:TMAS PARTY. THE HO'ARS FOR THESE DAT=S WILL BE L 40:t.K P.M.--1:(' \.M. IS x.LLOWED TO.F''PLY r:•R UP TO SIX"ONE C •�Y" LIVE ENTERTAINMENT L Ei:T.i DURING :HE L;FE OF T:iiS PEt'MIT. FOR THESE EVENTS, TAXI MUST APPLY WITH THE POLICE DEPART;661T AT LEAST THIRTY DAYS PRIOR TO THE EVENT AND RECEIVE APPROVAL. 4 LIVE ENTERTAINIMENT IS LIMITED NON-,-:�9PLIFIED ACOUSTICAL fW0USIC '.KITH NO MORE THAN FOUR MEMBERS TO THE GROUP. 5.DANCING IS NOT ALLOWED.. 6.THERE WILL BE NO COVER OR ADMISSION CHARGE. 7. DURING EVENTS OF LIVE ENTERTAINMENT,THERE WILL BE AT LEAST SIX SECUr%I—Y c',1,f'2D.- ')N '_"'JT`,. T'l'':Y h.11 L L3,_ CL=AF.: ' IDE-N TIF!ABLE. EFFECTIVE DATE: :UVE' AL '-R 1, :994 EXPIRATION DATE:NOVEMBER 1, 1995 Donald L.Watson City Treasurer cc: Police Department Attention Vice Division Ai IAUNVILil1 hid. .......... ....... ....... ........... ------- .......... .................... ...............................................---- ......... ......... . ... ..... ..................................... ........... ....................................... .... ..... ........ ....... ................ .............. ........... ............. ............................................................................................... .................-..........-............-.............-...........-...........-..........-..........-.........-.........-.........-......-.............................. .... ............................ ................................. ............................................ ................................................... ......%....%........ .... ......... .....................................-.................................... ...................................................................................................................,..W....... .....*...,.:..:...I.E. N.-..-..--............................. ...........................................................................................w..�..........-.........,.. ..,. .:.:..:...:. :.!.:.:.:.:.,........... .. .........-........-.........-...........-............-.......-........-.........-.... .-..-......-.....-.. .-......-...-...-.....-......-....-...-.... .... - ... ...... ... .......... ........ ... ......... ... f. The applicant shall obtain the necessary permits from the South Coast Air ualit\on Management District and submit a copy to Community Dev opment ent. g. ng spoils, such a unusable lumber, wire, pipe, and o er surplus or terial, shall be disposed of at an off-site facilit equipped to handle 8. Con shall be imited to 7:00 AM to 6:00 PM onday -Friday and 8:00 AMPM on Sat rday. Construction shall be rohibited Sundays and FedaysINFORN ON SPECIF CODE RE IREMENTS - CONDITIONAL USE PERMIT NO. 95-72: 1. Traffic Impact Fees shall be paid at time of final building inspection of the first unit. (PW) 2. A construction permit shall be quired fo all work within the public right-of- way. (PW) 3. The development shall c mply with all applicab provisions of the Municipal Code, Building Divisi , and Fire Department as ell as applicable local, State and Federal Fire Co es, Ordinances, and standards. 4. State-mandate hool impact fees shall be paid prior to ' suance of building permits. 5. The Pla 'ng Commission reserves the right to revoke Condi 'onal Use Permit No. 9 -72 and Variance No. 95-16, pursuant to a public hearin if any violation of t ese conditions or the Huntington Beach Zoning and Subdivis' n Ordinance or nicipal Code occurs. Mitigation Measure B-2 CONDITIONAL USE PERMIT 90-32(R): APPLICANT: Taxi's The Tavern, Inc., 318 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Bob Bolen, 322 Main Street, Huntington Beach, CA 92648 LOCATION: 318 Main Street (East side, south of Orange Avenue) PC Minutes- 12/12/95 17 (p=043) 0 DRAFT The applicant is requesting the modification of the condition of approval for Conditional Use Permit No. 90-32 which limits the number of live performers at his restaurant to two (2). The applicant is requesting that the maximum number of live performers be increased to allow the restaurant to present a variety of musical groups and entertainers. When the conditional use permit establishing live entertainment on this site was originally approved, the restaurant occupied one (1) suite and the occupancy load was smaller. Since the time of approval of the conditional use permit, live entertainment has been conducted on the site without incident. Subsequent to the original approval, the restaurant has expanded and will now accommodate a larger clientele. The site has adequate parking and is buffered from residential uses. Because the restaurant has a centrally controlled sound system, an increased number of performers will not increase noise levels. STAFF RECOMMENDATION: Staff supports the request to increase the number of live performers at the restaurant for the following reasons: • Issues involving live entertainment, parking, noise, and compatibility with surrounding lands uses have been adequately addressed through the original conditional use permit or through the approval of an entertainment permit. • The proposed change complies with the provisions of the Downtown Specific Plan and the properties zoned for Mixed Use development within District 5. • Increasing the number of live performers at this site does not constitute an expansion of the restaurant use and would not require additional parking. • Since the time of the approval of the original conditional use permit, the restaurant has Ben expanded and can accommodate a larger audience and more than two (2) live performers. • Live performances at this site under the recent entertainment permit have not resulted in an excessive number of complaints to the Police Department with regard to noise. • Increasing the number of performers will not increase the noise level, which will be regulated by a central sound system. Commissioner Tillotson stated that she would be abstaining from taking action on this request due to a conflict of interest with surrounding property. Commissioner Biddle asked staff if there was a Fire Department requirement regarding the necessity for fire sprinklers when live entertainment was permitted. Staff stated there is no specific requirement unless there is development of a stage area, a platform or open area. Scott Hess, Senior Planner, stated that staff had received one (1) written note of opposition with concerns regarding increased noise and trash from Greg Walsh, a resident of Pierside Circle prior to the meeting. PC Minutes- 12/12/95 18 (p=043) 0 0 DR,4ppr Commissioner Kerins asked staff if any complaints had been received by the Police Department regarding the existing establishment. Staff stated that the Police had no significant concerns. THE PUBLIC HEARING WAS OPENED. Art Hopkins, 404 Town Square Lane, spoke in opposition to the request. He was concerned with excessive noise created by the patrons of the establishment. Doug Campbell, 507 Pierside Circle, Pierside Homeowners Association, spoke in opposition to the request. He was concerned with the location being inappropriate for a bar, the size of the establishment insufficient for live entertainment and excessive noise. Diane Easterling, 203-8th Street, Downtown Residents Association, spoke in opposition to the request. She was concerned with the attraction of an undesirable element and excessive noise. Lorretta Wolfe, 411-6th Street, Downtown Residents Association, spoke in opposition to the request. She stated that the proposed use and increased number of live performers was not compatible with the surrounding area. Marie St. Germain, 505 Alabama Street, spoke in opposition to the request. She was concerned with excessive noise and increased crowds in the area. Emil "Jinx" Verona, applicant, 318 Main Street, spoke in support of the request stating that the increase in performers would not increase the sound level that is currently produced. He also stated that there would be no Rock-n-Roll and his employees clean the area around the establishment every night after closing. The Commission discussed the percentage of food sales in comparison to beverage. The applicant stated that it is currently 54% food. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners felt that the request to increase the number of live performers would not be compatible with the adjacent residential uses due to excessive noise created by the patrons of the establishment. PC Minutes- 12/12/95 19 (p=043) A MOTION WAS MADE BY BIDDLE, SECOND BY KERINS, TO DENY THE MODIFICATION TO CONDITION OF APPROVAL NO. 2 FOR CONDITIONAL USE PERMIT NO. 90-32(R) WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: None ABSTAIN: Tillotson MOTION PASSED FINDING FOR DENIAL- CONDITIONAL USE PERMIT NO. 90-32(R): 1. The proposed increase in the number of live performers (from maximum two [2] to no limit) at an existing restaurant/bar will not be compatible with adjacent residential properties/uses because the use is not adequately buffered from surrounding residential uses. The use is in close proximity to residential uses and will generate additional noise. 2. The proposed increase in the number of live performers (from maximum two [2] to no limit) at an existing restaurant/bar will be detrimental to the general welfare of persons working or residing in the vicinity because it will generate additional noise from the expanded performers and from additional patrons leaving the premises by vehicle and foot. B-3 PUBLIC HEARING- GENERAL PLAN AMENDMENT NO. 94-2/ ENVIRONMENTAL IMPACT REPORT NO. 94-1 - COMPREHENSIVE UPDATE OF THE HUNTINGTON BEACH GENERAL PLAN (CONTINUED FROM THE NOVEMBER 14, 1995 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: City-Wide General Plan Amendment No. 94-2/Environmental Impact Report No. 94-1 is the comprehensive update of the city's General Plan. Since its adoption in December of 1976, the General Plan has undergone incremental updates to reflect the changing needs of the city; however no comprehensive update has occurred since the initial adoption. The public hearings on the General Plan update began on July 18, 1995. The Planning Commission at the meeting of November 28, 1995, continued the public hearings open to the meeting of December 12, 1995. PC Minutes- 12/12/95 20 (p=043) ATT �I............................ ........ ME�T ........... ... ...................... ................. . .......... ...... ............. ........... ............... ....... ...... .... ..... ............... GAFF ....... x.. . ... I ...... .................. ..... .......... .. TO: Planning Commission FROM: Howard Zelefsky, Planning Director i BY: Catherine Johnson, Assistant Planner DATE: December 12, 1995 SUBJECT: CONDITIONAL USE PERMIT 90-32(R) LOCATION: 318 Main Street (East side, south of Orange Avenue) STATEMENT OF ISSUE: The applicant is requesting the modification of the condition of approval for Conditional Use Permit No. 90-32 which limits the number of live performers at his restaurant to two (2). The applicant is requesting that the maximum number of live performers be increased to allow the restaurant to present a variety of musical groups and entertainers. When the conditional use permit establishing live entertainment on this site was originally approved, the restaurant occupied one (1) suite and the occupancy load was smaller. Since the time of approval of the conditional use permit, live entertainment has been conducted on the site without incident. Subsequent to the original approval, the restaurant has expanded and will now accommodate a larger clientele. The site has adequate parking and is buffered from residential uses. Because the restaurant has a centrally controlled sound system, an increased number of performers will not increase noise levels. Staff supports the request to increase the number of live performers at the restaurant for the following reasons: # Issues involving live entertainment, parking, noise, and compatibility with surrounding lands uses have been adequately addressed through the original conditional use permit or through the approval of an entertainment permit. # The proposed change complies with the provisions of the Downtown Specific Plan and the properties zoned for Mixed Use development within District 5. * Increasing the number of live performers at this site does not constitute an expansion of the restaurant use and would not require additional parking. * Since the time of the approval of the original conditional use permit, the restaurant has Ben expanded and can accommodate a larger audience and more than two (2) live performers. * Live performances.at this site under the recent entertainment permit have not resulted in an excessive number of complaints to the Police Department with regard to noise. + Increasing the number of performers will not increase the noise level, which will be regulated by a central sound system. RECOMMENDATION: Motion to: "Approve the modification to-Condition of Approval No. 2 for Conditional Use Permit 90-32(R) with findings and suggested conditions of approval." •o��, / RI �TfjN' Lr 4 �� RI o� DD D� DD DDI �. O x RI upevuf nr un•e.� TTr+• I Q R3 i �D�LJLJ �U R)I R3 o R3�LJSN"' 0 - I� nA1.•17ORC HLI UD L�� / OF! L .r Z •aG t' ya. 1 �I.DT N w e�,•� "SPECIFIC A (DISTR r+ DDD � � - M H-FP2 h r< CF i i Px•rO-Cx-r►x W *? �' O a r D A h 0 �:'J.. _ r cb`R.. •:d.�, E S: CD a 1•t^ r a+ e.ai u.wt PYt 4 •�':6 .?F12 Q r� C N P;...:•.l1�e:y:fl,.._..... It .:'::lip•a or F:a.oc Ir: : :la-roiT-rrx IF p r ATLANTA - I_ AV I t • J1 [[.a NoT[ V� •[.�;1• •f+i.[.00I A I..[.e•to t4[[.- 7'ijr•� W Wt..•M 0I.h CUP 90-32 REWISED HUNTWOON M[ACII HUNTINGTON BEACH PLANNING DIVISION GENERAL INFORMATION: APPLICANT: Taxi's The Tavern, Inc., 318 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Bob Bolen, 322 Main Street, Huntington Beach, CA 92648 REOUEST: To eliminate the previously conditioned restriction allowing a maximum of two (2) live performers at Taxi's Tavern. SUBJECT PROPERTY AND SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: Subiect Property: .GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan, District 5 LAND USE: Restaurant/Tavern North of Subiect Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan, District 5 LAND USE: Hair Salon East of Subiect Property (Across the alley): GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan, District 5 LAND USE: Office/Commercial South of Subiect Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan, District 5 LAND USE: Retail West of Subiect Property (Across from Main Street): GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan, District 5 LAND USE: Public Parking Lot Staff Report- 12/12/95 2 (pcsr172) PROJECT PROPOSAL: The applicant is proposing the modification of Condition of Approval No. 2 for Conditional Use Permit No. 90-32.which permits live, electronically amplified music and entertainment, but limits the maximum number of performers to two (2) and limit the hours of entertainment to Monday through Saturday from 8:00 PM to 1:00 AM and Sunday 3:00 PM to 10:00 PM. The applicant is requesting that the limitation { on the maximum number of performers be eliminated to allow groups such as quartets and quintets to 1 perform. There is no request to change the conditioned hours of entertainment. In accordance with the Downtown Specific Plan Section 4.7.01(b) the initial establishment of live entertainment is subject to the approval of a conditional use permit. Further, in compliance with the Municipal+Code Chapter 5.44, an entertainment permit is required for entertainment within a restaurant. As originally approved, Conditional Use Permit No. 90-32 was a request by the owners of what was then Marzella's Pizza Restaurant for a permit for live entertainment within an existing restaurant. In September of 1994 there was a change of ownership and the restaurant became Taxi's the Tavern. In compliance with Code Section 241.16.E a conditional use permit is not affected by changes in ownership or proprietorship provided that the new owner or proprietor applies to the Director for a transfer. Pursuant to Code Section 241.18(A) a request for changes in conditions of approval for a conditional use permit is treated as a new application and therefore would be subject to the same requirements and review authority as the original application. Taxi's Tavern currently occupies suites 316 and 318 of the 300 block on the east side of Main Street. The total floor area of the two suites is approximately 1860 square feet. Taxi's is primarily a pizza restaurant/bar with pool tables and has a maximum occupancy of 120. The seating arrangement is informal, consisting mainly of bar stools and a counter top along the window and the north wall of the restaurant. The stage area is a 14'x5° removable wooden platform that is placed towards the rear of the building, with one of the pool tables being removed to accommodate the stage. There has been live entertainment at this restaurant since Marzella's Pizza requested approval of Conditional Use Permit No. 90-32 and was issued an entertainment permit in July of 1990. There are no provisions for dancing. Zoning Compliance This project is located in the Downtown Specific Plan, District 5 and complies with the requirements of that zone, which permits live entertainment subject to approval of a conditional use permit. Staff Report.- 12/12/95 3 (pcsr172) ISSUES: General Plan Conformance: The proposed project is consistent with the goals and objectives of the City's General Plan and the Land Use Element. The intent of the Mixed Use land use designation is to promote development of specific areas of the community such as the downtown in a manner that enables residents to live in proximity to their jobs, commercial services and entertainment and reduce the need for automobile use. The proposed project would expand the opportunities for entertainment within the Downtown area. The General Plan Advisory Committee recommends no change to the land use designation within this area. Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. Coastal Status: The project is located within the non-appealable portion of the Coastal Zone. Pursuant`to Section 989.5.3.13(f) of the Huntington Beach Ordinance Code, the project is exempt from the Coastal Development Permit.process. Redevelopment Status: The subject site is located within the Downtown Redevelopment Project Area. Redevelopment staff has reviewed this proposal and recommends approval of four (4) to five (5) performers with the restrictions on hours to remain consistent with the existing condition. Thev further recommend that a six (6) month review of this project be conducted and that a condition of approval be included providing for the revocation of the entertainment permit if noise becomes excessive. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns: The Departments of Public Works and Fire, and Building Division have recommended conditions which are incorporated into the conditions of approval. The Police Department's recommended conditions are attached (Attachment No. 5). Staff Report- 12/12/95 4 (pcsr172) ANALYSIS: The primary issues with the proposed use are whether allowing an increase in the number of performers will increase activity, parking demand, and whether the restaurant can accommodate an increase in the number of performers and noise. An additional issue is the regulation of live entertainment through the imposition of Planning conditions or conditions imposed.by the Police Department through the approval of 'an entertainment permit. Parking Issues The current request would not result in an increase in the square footage of the building or a change in land use category that would require additional parking. Currently, there are 26 parking spaces at the rear of the site and public parking on the street in front of the building. The surrounding land uses in the area are retail commercial uses and a hair salon whose hours of operation wouldn't conflict with the hours of live entertainment. On July 23, 1993, the Planning Commission approved Conditional Use Permit No. 91-19 and Conditional Exception (Variance) No. 91-29, for the expansion of this restaurant site. A variance request for decreased parking was also included with the proposal. The applicant was granted a four (4) space parking variance because the expansion in square footage would have required 30 parking spaces, as opposed to the 26 that were provided. This variance was granted based on the finding that the four (4) space deficit would be mitigated through the provision of on-street spaces and field inspections which revealed that many parking spaces in the area remain vacant during business hours. Staff has therefore determined that the current number of parking spaces that are in place will continue to be adequate for Taxi's and will not be impacted by an increase in the number of performers. Number of Live Entertainers There was no specific justification offered within the original staff report for limiting the number of live entertainers. At the time of the approval the restaurant was 1,250 square feet compared to the current expanded 1,800 square feet and had a maximum occupancy load of 40, which under Taxi's current Certificate of Occupancy has been increased to a maximum of 120. In consideration of the expanded size and occupant load of the restaurant an increase in the number of live performers can be supported. However, placing no limitation on the number of performers may lead to potential problems with noise and crowding at what is still a relatively small restaurant/bar. There is also the issue of how many performers the 70 square foot stage can adequately accommodate. The Uniform Building Code requires seven (7) square feet per person for the stage area, which, for a 70 square foot stage area would allow ten (10) persons on the stage at one time. However, the stage would also need to accommodate musical instruments, microphones and equipment. Staff is therefore recommending that the number of performers be limited to a maximum of seven (7) persons on stage (or performing) at one time. This would accommodate quartets, quintets;sextets, and an announcer. Further, if there were more than one (1) group that would be performing in an evening, this would allow them to wait as part of the audience as long as the maximum occupancy load was not exceeded. The applicant has agreed to limiting the maximum number of performers to seven (7). Staff Report- 12/12/95 5 (pcsr172) Compatibility with Surroundinz Land Uses The location of the restaurant is suitable for live entertainment because it is buffered from residential development on all sides. On the west side of Main Street, directly across from the.project site is a public parking lot. To the north is a hair salon and to the south is a retail shop, which will both be closed during the peak hours in which entertainment is occurring. Across the alley to the east is a commercial office building and an oil production site. The closest residential area is located on the east side of Third Street, and is over 200 feet from the restaurant site. Noise Impacts It is logical to presume that increasing the number of live performers would not necessarily increase the noise level since four (4) people playing at a lower volume would generate less noise than two (2) performers playing at a higher volume. According to the Police Department, there have been a few complaints about noise at this site, but nothing that would be considered unusual for this type of use. No violations to the Noise Ordinance have been cited by Code Enforcement. Entertainment Permit Taxi's most recent entertainment permit expired on November, 1995. In July of this year they requested that the Police Department modify the conditions of their entertainment permit. Because the approved conditional use permit contained specific conditions that regulated the entertainment activities, the applicant is also required to modify the conditional use permit. The applicant'must apply for renewal of their entertainment permit prior to continuing their entertainment activities. The most recent entertainment permit specified the hours of operation, the number of performers allowed and prohibited dancing, consistent with the conditions of approval contained within the conditional use permit. The Police Department also imposed additional conditions which allowed additional dates including holidays, and the option for applying for six(6), one (1) day events throughout the year that the entertainment permit is in effect. Based on current Community Development Department Policy, which is based on recent discussions with the Police Department, staff is recommending that all conditions regarding the operation of entertainment activities be imposed by the Police Department, including the maximum number of performers and hours that entertainment may occur. Since the applicant has agreed to limit the maximum number of performers to seven (7), the Police Department will be imposing this condition within the entertainment permit. The conditional use permit conditions of approval will reference the entertainment permit. Staff Report- 12/12/95 6 (pcsr172) SUMMARY: Staff recommends the Planning Commission approve Conditional Use Permit No. 90-32(R) for the following reasons: Issues involving live entertainment, parking, noise, and compatibility with surrounding lands uses have been adequately addressed through the original conditional use permit or through the approval of an entertainment permit. The proposed change complies with the provisions of the Downtown Specific Plan and the properties zoned for Mixed Use development within District 5. Increasing the number of live performers at this site does not constitute an expansion of the restaurant use and would not require additional parking. Since the time of the approval of the original conditional use permit, the restaurant has Ben expanded and can accommodate a larger audience and more than two (2) live performers. Live performances at this site under the recent entertainment permit have not resulted in an excessive number of complaints to the Police Department with regard to noise. Increasing the number of performers will not increase the noise level, which will be regulated by a central sound system. ALTE%NATIVE ACTION: The Planning Commission may deny the modification to Conditional of Approval No. 2 for Conditional Use Permit 90-32(R). ATTACHMENTS: 1. F4;;dinbgs and G6i-id-itiens f6r.A!ppp;A;,;1 96-32, appmyed Eenditions of Appreve4. SH:CJ:kjl Staff Report- 12/12/95 7 (pcsr172) . . ATTA �IM r CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION MuwTs%C,TON BEACH TO : Cathy Johnson FROM : Det. I. Feuerstein Community Development PD Vice Unit SUBJECT : CUP Modification /90-32 DATE : 10-18-95 The PD has reviewed the applicants request for a modification of the CUP at 318 Main Street. The PD has no objection to modify the number of live performers if the CUP is modified with the following conditions. 1.*No Punk, Acid or Hard Core Rock Bands. 2. The rear door to be closed during times the Live Entertainment is actually being performed. 3. With 30 days advance notice and with the PD's approval, the hours of Live Entertainment can be modified. This can occur a maximum of 4 days in.a calender;'ear. 4. CUP is on a continual 6 month review. With this in place, the PD has decided at this time not to put a limit on the number of performers and let the applicant police themselves. .� ATTACKS*ENT 10 ATTACHMENT NO. 1 FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 90-32(R) FINDINGS OF APPROVAL- CONDITIONAL USE PERMIT NO. 90- 32(R): 1. The proposed increase in the number of live performers at Taxi's Tavern will not be detrimental to the general welfare of persons working or residing in the vicinity or be detrimental to the value of the property and improvements in the neighborhood because it will not generate significant noise or traffic impacts. In addition it is.consistent with the Mixed Use land use designation and the policies of the General Plan and is in compliance with the provisions contained within the Downtown Specific Plan for Mixed Use development within District 5. 2. Conditional Use Permit No. 90-32(R) for an increase in the number of live performers permitted at Taxi's Tavern will be compatible with surrounding uses because the restaurant is adequately buffered from residential uses within the area by surrounding commercial and office uses and a public parking lot and because there will be no conflict between the hours of live entertainment and typical business hours. 3. The proposed use will comply with the provisions of the base district which is Downtown Specific Plan, District 5 and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which. it would be located. 4. The granting of the modification to Condition of Approval No. 2 for Conditional Use Permit No. 90- 32 (R) will not adversely affect the General Plan., It is consistent with the Land Use Element designation of Mixed Use on the subject property. in addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services and entertainment and reduce the need for automobile uses. b. Policy LU 11.2: Limit commercial uses in mixed-use development to those uses that are compatible with the residences. SUGGESTED CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 90-32(R): 1. The.site plan, floor plans, and elevations received and dated September 29, 1995 shall be the conceptually approved layout. 2. Prior to conducting any live entertainment activities, the following shall occur: a. Provide a copy of an Entertainment Permit, approved by the Police Department to the Community Development Department. b. Provide a copy of a new Certificate of Occupancy and a dimensioned and scaled floor plan showing all uses for each room to the Community Development Department. Attachment- 12/12/95 (pcsr172-8) C.ram.� '��_�� A'�q a'^ N0 I 3. The use shall comply with the requirements of the Entertainment Permit as approved by the Police Department. Any changes to the conditions of the Entertainment Permits shall be subject to Community Development Department approval. If the changes are significant, a revision to this conditional use permit shall be required. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 2. The Planning Commission reserves the right to revoke Conditional Use Permit No. 90-32(R), pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 3. Conditional Use Permit No. 90-32 (R) shall become null and void unless exercised within one year of the date of final approval or such extension of time as.may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. Attachment- 12/12/95 (pcsr172-9) NOTICE OF APPEAL TO PLANNING COMMISSION ACTION. December 12, 1995 Date of Planning Commission Action TO: Planning Dept (2 copies) DATE: 12/22/95 City Attorney (1 copy) FILED BY Councilman David Garnfal n \p REGARDING: denial of Conditional Use Permit No. 90-32(R� Taxi's - Live Performers Tentative Date for Public Hearing: To be determined Copy of Appeal Letter attached. LEGAL NOTICE AND A.P. MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Connie Brockway � - City Clerk f D x5227 •J' CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION HUNTINGTON BEACH To: Connie Brockway, City Clerk From: DavidGarofaCo, CounciCman Date: December 22, 1995 Subject: Appeal Conditional Use Permit 90-32(R) Taxi's-Live Performers Based on a request from the President of the Downtown Business Association I would respectfully like to appeal the Planning Commission denial of CUP 90-32(R) including staff findings for approval as follows: 1. Issues involving live entertainment, parking noise, and compatibility with surrounding land uses have been adequately addressed through the original conditional use permit or through the approval of an entertainment permit. 2. The proposed change complies with the provisions of the Downtown Specific Plan and the properties zoned for Mixed Use development within District 5. 3. Increasing the number of live performers at this site does not constitute an expansion of the restaurant use and would not require additional parking. 4. Since the time of the approval of the original CUP, the restaurant has been expanded and can accommodate a larger audience and more than two (2) live performers. 5. Live performances at this site under the recent entertainment permit have not resulted in an excessive number of complaints to the Police Department with regard to noise. 6. Increasing the number of performers will not increase the noise level, which will be regulated by a central sound system. DG:PD:pad xc: City Council © z City Administrator h _c Community Development Director L7 r rn - r <_ K n V rj a-+ V7 77 DOWNTOWN BUSINESS ASSOCIATION TO: COUNCILMAN DAVE GAROFALO FR: STEVE DANIEL RE: APPEAL OF TAXI - TAXI ENTERTAINMENT PERMIT DENIAL AS PRESIDENT OF THE DOWNTOWN BUSINESS ASSOCIATION, I AM RESPECTFULLY REQUESTING THAT YOU USE YOUR OFFICE TO APPEAL THE RECENTLY DENIED APPLICATION TO EXPAND THEIR ENTERTAINMENT PERMIT. SINCE;DANIEL , 9� /. PRESIDENT is i:::::. ......... ..... .. - g............::............:.:.....1P....:::.:.............................................. ....:............:.P...::..:::::::::.:::::::.......................: F:::> `� F RED .:: '.:: ::>::>:::: :::>::>::::: :::::>::>:.>':>::: :>:>: >;°°: >>::: ::::>: <:::><:. ::::::: TO: Planning Commission FROM: Howard Zelefsky, Planning Director B` ,: Catherine Johnson, Assistant Planner DATE: December 12, 1995 SUBJECT: CONDITIONAL USE PERMIT 90-32(R) LOCATION: 318 Main Street (East side, south of Orange Avenue) STATEMENT OF ISSUE: The applicant is requesting the modification of the condition of approval for Conditional Use Permit No. 90-32 which limits the number of live performers at his restaurant to two (2). The applicant is requesting that the maximum number of live performers be increased to allow the restaurant to present a variety of musical groups and entertainers. When the conditional use permit establishing live entertainment on this site was originally approved, the restaurant occupied one (1) suite and the occupancy load was smaller. Since the time of approval of the conditional use permit, live entertainment has been conductea on the site without incident. Subsequent to the original approval, the restaurant has expanded and will-now accommodate a larger clientele. The site a has adequate parking and is buffered from residential uses. Because the restaurant has a centrally controlled sound system, an increased number of performers will not increase noise levels. Staff supports the request to increase the number of live performers at the restaurant for the following reasons: Issues involving live entertainment, parking, noise, and compatibility with surrounding lands uses have been adequately addressed through the original conditional use permit or through the approval of an entertainment permit. • The proposed change complies with the provisions of the Downtown Specific Plan and the properties zoned for Mixed Use development within District 5. Increasing the number of live performers at this site does not constitute an expansion of the restaurant use and would not require additional parking. Since the time of the approval of the original conditional use permit, the restaurant has Ben expanded and can accommodate a larger audience and more than two (2) live performers. Live performances at this site under the recent entertainment permit have not resulted in an excessive number of complaints to the Police Department with regard to noise. • Increasing the number of performers will not increase the noise level, which will be regulated by a central sound system. RECOMMENDATION: Motion to: "Approve the modification to Condition of Approval No. 2 for Conditional Use Permit 90-32(R) with findings and suggested conditions of approval." V// ', I RI � \ RI IL��. RI Di� DD Da� RI RI KHOlvull r RI 1lir ULN _r DO I R3 R3" 3 c♦ (O1R2 nr..a.o•r IItCTCr•rl S� AVE. jt + R3 ow RIr. a I i_n( TL �� ���LJ o R3I R3 R3 C O • R•3 R3 1 0 op. Li I LLr_ N n..l��RC .. Av 11 V f �� ti I JHo or, -J" • [�OIDT �,�1+•> 3 "SPECIFIC A �DISTR I / ,,L � I r[14.A•J /' ;v 16�i 1. ►LAN fi 1 LJIJ"� j ° � • ' � - • � � M H-FP2 Cf� ti rt �i,�4'•e Z N_ ' a tnD�i r--•v[ O GL�p rvt .r. Ni-OD-C2-FP? _ W .1, t K ti O ? o+�a .o 'Yrq, ? v+ e.uu.wt �n[ lai .E11 •.RY- -M. cli O r A•n �G.r• ��7' a"r + +, ILA 40 NOTE /•• / r�Orlr.grl•.f•.t r•fl •i.�,'r �� n r•nrom ro nwre'.o.•a ean. aver rM o•r CUP 9.0-32 REVISED. HUNTWGION 11AC11 HUNTINGTON BEACH PLANNING DIVISION GENERAL INFORMATION: APPLICANT: Taxi's The Tavern, Inc., 318 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Bob Bolen, 322 Main Street, Huntington Beach, CA 92648 REQUEST: To eliminate the previously conditioned restriction allowing a maximum of two (2) live performers at Taxi's Tavern. SUBJECT PROPERTY AND SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan, District 5 LAND USE: Restaurant/Tavem North of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan, District 5 LAND USE: Hair Salon East of Subject Property (Across the alley): GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan, District 5 LAND USE: Office/Commercial South of Subject Property: GENERAL PLAN DESIGNATION: Mixed'Use ZONE: Downtown Specific Plan, District 5 LAND USE: Retail West of Subject Property (Across from Main Street): GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan, District 5 LAND USE: Public Parking Lot Staff Report- 12/12/95 2 (pcsrl72) PROJECT PROPOSAL: The applicant is proposing the modification of Condition of Approval No. 2 for Conditional Use Permit No. 90-32 which permits live, electronically amplified music and entertainment, but limits the maximum number of performers to two (2) and limit the hours of entertainment to Monday through Saturday from 8:00 PM to.1:00 AM and Sunday 3:00 PM to 10:00 PM. The applicant is requesting that the limitation on the maximum number of performers be eliminated to allow groups such as quartets and quintets to perform. There is no request to change the conditioned hours of entertainment. In accordance with the Downtown Specific Plan Section 4.7.01(b) the initial establishment of live entertainment is subject to the approval of a conditional use permit. Further, in compliance with the Municipal Code Chapter 5.44, an entertainment permit is required for entertainment within a restaurant. As originally approved, Conditional Use Permit No. 90-32 was a request by the owners of what was then Marzella's Pizza Restaurant for a permit for live entertainment within an existing restaurant. In September of 1994 there was a change of ownership and the restaurant became Taxi's the Tavern. In compliance with Code Section 241.16.E a conditional use permit is not affected by changes in ownership or proprietorship provided that the new owner or proprietor applies to the Director for a transfer. Pursuant to Code Section 241.18(A) a request for changes in conditions of approval for a conditional use permit is treated as a new application and therefore would be subject to the same requirements and review authority as the original application. Taxi's Tavern currently occupies suites 316 and 318 of the 300 block on the east side of Main Street. The total floor area of the two suites is approximately 1800 square feet. Taxi's is primarily a pizza restaurant/bar with pool tables and has a maximum occupancy of 120. The seating arrangement is. informal, consisting mainly of bar stools and a counter top along the window and the north wall of the restaurant. The stage area is a 14'x5' removable wooden platform that is placed towards the rear of the building, with one of the pool tables being removed to accommodate the stage. There has been live entertainment at this restaurant since Marzella's Pizza requested approval of Conditional Use Permit No. 90-32 and was issued an entertainment permit in July of 1990. There are no provisions for dancing. Zoning Compliance This project is located in the Downtown Specific Plan, District 5 and complies with the requirements of that zone, which permits live entertainment subject to approval of a conditional use permit. Staff Report- 12/12/95 3 (pcsr172) ISSUES: General Plan Conformance: The proposed project is consistent with the goals and objectives of the City's General Plan and the Land Use Element. The intent of the Mixed Use land use designation is to promote development of specific areas of the community such as the downtown in a manner that enables residents to live in proximity to their jobs, commercial services and entertainment and reduce the need for automobile use. The proposed project would expand the opportunities for entertainment within the Downtown area. The General Plan Advisory Committee recommends no change to the land use designation within this area. Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. Coastal Status: The project is located within the non-appealable portion of the Coastal Zone. Pursuant to Section 989.5.3.13(f) of the Huntington Beach Ordinance Code, the project is exempt from the Coastal-- Development Permit process. Redevelopment Status: The subject site is located within the Downtown Redevelopment Project Area. Redevelopment staff has reviewed this proposal and recommends approval of four(4) to five (5) performers with the restrictions on hours.to remain consistent with the existing condition. They further recommend that a six (6).month review of this project be conducted and that a condition of approval be included providing-for the revocation of the entertainment permit if noise becomes excessive. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns: The Departments of Public Works and Fire, and Building Division have recommended conditions which are incorporated into the conditions of approval. The Police Department's recommended conditions are attached (Attachment No. 5). Staff Report- 12/12/95 4 (pcsrl72) ANALYSIS: The primary issues with the proposed use are whether allowing an increase in the number of performers will increase activity, parking demand, and whether the restaurant can accommodate an increase in the number of performers and noise. An additional issue is the regulation of live entertainment through the imposition of Planning conditions or conditions imposed by the Police Department through the approval of an entertainment permit. Parking Issues The current request would not result in an increase in the square footage of the building or a change in land use category that would require additional parking. Currently, there are 26 parking spaces at the rear of the site and public parking on the street in front of the building. The surrounding land uses in the area are retail commercial uses and a hair salon whose hours of operation wouldn't conflict with the hours of live entertainment. On July 23, 1993, the Planning Commission approved Conditional Use Permit No. 91-19 and Conditional Exception (Variance)No. 91-29, for the expansion of this restaurant site. A variance request for decreased parking was also included with the proposal. The applicant was granted a four (4) space parking variance because the expansion in square footage would have required 30 parking spaces, as opposed to the 26 that were provided. This variance was granted-based on the finding that the four (4) space deficit would be mitigated through the provision of on-street spaces and field inspections which revealed that many parking spaces in the area remain vacant during business hours. Staff has therefore determined that the current number of parking spaces,that are in place will continue to be adequate for Taxi's and will not be impacted by an increase in the number of performers. Number of Live Entertainers There was no specific justification offered within the original staff report for limiting the number of live entertainers. At the time of the approval the restaurant was 1,250 square feet compared to the current expanded 1,800 square feet and had a maximum occupancy load of 40, which under Taxi's current Certificate of Occupancy has been increased to a maximum of 120. In consideration of the expanded size and occupant load of the restaurant an increase in the number of live performers can be supported. However, placing no limitation on the number of performers may lead to potential problems with noise and crowding at what is still a relatively small restaurant/bar. There is also the issue of how many performers the 70 square foot stage can adequately accommodate. The Uniform Building Code requires seven (7) square feet per person for the stage area, which, for a 70 square foot stage area would allow ten (10) persons on the stage at one time. However, the stage would also need to accommodate musical instruments, microphones and equipment. Staff is therefore recommending that the number of performers be limited to a maximum of seven (7) persons on stage (or performing) at one time. This would accommodate quartets, quintets, sextets, and an announcer. Further, if there were more than one (1) group that would be performing in an evening, this would allow them to wait as part of the audience as long as the maximum occupancy load was not exceeded. The applicant has agreed to limiting the maximum number of performers to seven (7). Staff Report- 12/12/95 5 (pcsr172) Compatibility with Surrounding Land Uses The location of the restaurant is suitable for live entertainment because it is buffered from residential development on all sides. On the west side of Main Street, directly across from the project site is a public parking lot. To the north is a hair salon and to the south is a retail shop, which will both be closed during the peak hours in which entertainment is occurring. Across the alley to the east is a commercial office building and an oil production site. The closest residential area is located on the east side of Third Street, and is over 200 feet from the restaurant site. Noise Impacts It is logical to presume that increasing the number of live performers would not necessarily increase the noise level since four (4) people playing at a lower volume would generate less noise than two (2) performers playing at a higher volume. According to the Police Department, there have been a few complaints about noise at this site, but nothing that would be considered unusual for this type of use. No violations to the Noise Ordinance have been cited by Code Enforcement. Entertainment Permit Taxi's most recent entertainment permit expired on November, 1995. In July of this year they requested that the Police Department modify the conditions of their entertainment permit. Because the approved conditional use permit contained-specific conditions that regulated.the entertainment activities, the applicant is also required to modify the conditionaFuse permit. The applicant must apply for renewal of their entertainment permit prior to continuing their entertainment activities. The most recent entertainment permit specified the hours of operation, the number of performers allowed and prohibited dancing, consistent with the conditions of approval contained-within the conditional use permit. The Police Department also imposed additional conditions which allowed additional dates including holidays, and the option for applying for six(6), one(1) day events throughout the year that the entertainment permit is in effect. Based on current Community Development Department Policy, which is based on recent discussions with the Police Department, staff is recommending that all conditions regarding the operation of entertainment activities be imposed by the Police Department, including the maximum number of performers and hours that entertainment may occur. Since the applicant has agreed'to limit the maximum number of performers to seven (7), the Police Department will be imposing this condition within the entertainment permit. The conditional use permit conditions of approval will reference the entertainment permit. Staff Report- 12/12/95 6 (pcsr172) SUMMARY: Staff recommends the Planning Commission approve Conditional Use Permit No. 90-32(R) for the following reasons: Issues involving live entertainment, parking, noise, and compatibility with surrounding lands uses have been adequately addressed through the original conditional use permit or through the approval of an entertainment permit. • The proposed change complies with the provisions of the Downtown Specific Plan and the properties zoned for Mixed Use development within District 5. • Increasing the number of live performers at this site does not constitute an expansion of the restaurant use and would not require additional parking. Since the time of the approval of the original conditional use permit, the restaurant has Ben expanded` and can accommodate a larger audience and more than two (2),live performers. • Live performances at this site under the recent entertainment permit have not resulted in an excessive number of complaints to the Police Department with regard to noise. • Increasing the number of performers will not increase the noise level, which will be regulated by a central sound system. ALTERNATIVE ACTION: The Planning Commission may deny the modification to Conditional of Approval No. 2 for- Conditional, Use Permit 90-32(R). ATTACHMENTS: 1. Findings and Suggested Conditions for Approval 2. Floor Plans dated September 25, 1995 3. Narrative 4. CUP No. 90-32, approved Conditions of Approval. 5. Police Department's recommended conditions 6. Entertainment Permit SRCJ:kjl Staff Report- 12/12/95 7 (pcsrl72) ATTACHMENT NO. 1 FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 90-32(R) FINDINGS OF APPROVAL- CONDITIONAL USE PERMIT NO. 90- 32(R): 1. The proposed increase in the number of live performers at Taxi's Tavern will not be detrimental to the general welfare of persons working or residing in the vicinity or be detrimental to the value of the property and improvements in the neighborhood because it will not generate significant noise or traffic impacts. In addition it is.consistent with the Mixed Use land use designation and the policies of the General Plan and is in compliance with the provisions contained within the Downtown Specific Plan for Mixed Use development within District 5. 2. Conditional Use Permit No. 90-32(R) for an increase in the number of live performers permitted at Taxi's Tavern will be compatible with surrounding uses because the restaurant is adequately buffered from residential uses within the area by surrounding commercial and office uses and a public parking lot and because there will be no conflict between the hours of live entertainment and typical business hours. 3. The proposed use will comply with the provisions of the base district which is Downtown Specific Plan, District 5 and other applicable provisions in Titles 20-25 of the Huntington-Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed-use in the district in which it would be located. 4. The granting of the modification to Condition of Approval No. 2 for Conditional Use Permit No. 90- 32 (R) will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services and entertainment and reduce the need for automobile uses. b. Policy LU 11.2: Limit commercial uses in mixed-use development to those uses that are compatible with the residences. SUGGESTED CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 90-32(R): 1. The site plan, floor plans, and elevations received and dated September 29, 1995 shall be the conceptually approved layout. 2. Prior to conducting any live entertainment activities, the following shall occur: a. Provide a copy of an Entertainment Permit, approved by the Police Department to the Community Development Department. b. Provide a copy of a new Certificate of Occupancy and a dimensioned and scaled floor plan showing all uses for each room to the Community Development Department. Attachment- 12/12/95 (pcsr172-8) ) 3. The use shall comply with the requirements of the Entertainment Permit as approved by the Police Department. Any changes to the conditions of the Entertainment Permits shall be subject to Community Development Department approval. If the changes are significant, a revision to this conditional use permit shall be required. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 2. The Planning Commission reserves the right to revoke Conditional Use Permit No. 90-32(R), pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 3. Conditional Use Permit No. 90-32(R) shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. Attachment- 12/12/95 (pcsrl72-9) iCedAoilEO OJ,C�A I �Cojo Q/r1+�GlS I • I i mLj i too,- i T-[ \ • � �)•!I4� 'SAIL�.cs;. pail i . Posr rdA9.Otte Pr.JV \ LotiD or 05 /ypt Tv SCALD— 0'0 A-71 AUC H MENT NO. �� :I Zo 2,)12 _-- .02 a � Allc Ae� _e - �� - - -- -- -- -G J -- — s 1 ATTACHMENT N0. � - s: {76 J. Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 July 23 , 1990 Catherine F. Marzella 1521 Alabama Street ,- No . 3 Huntington Beach, CA 92648 SUBJECT: CONDITIONAL USE PERMIT NO. 90-32 REQUEST: To permit live entertainment (up to two (2) musicians/comedians) within an existing restaurant . LOCATION: 318 Main Street DATE OF APPROVAL: July i7 , 1-7 Findinas for ADDroval - Conditional Use Permit No . 90-32 : 1 . The establishment, maintenance, and operation of live entertainment (up to two (2) musicians/comedians with electronic amplification) will not be detrimental to the general welfare of persons residing or working in the vicinity. Adequ-ate buffering from residential uses is provided by parking areas and retail/office buildings . Further, the proposed hours of entertainment are after the business hours of surrounding retail and office uses . 2 . The proposed live entertainment will not be detrimental to property and improvements- in the vicinity of the restaurant due to the layout and design of existing and proposed uses . . 3 . The proposed use is consistent with the City' s General Plan and Zoning des.ignations which allow entertainment in conjunction with a retail/commercial dining establishment . Conditions of Approval - Conditional Use Permit 90-32 : 1. The site plan and floor plan received and dated June 21, 1990, shall be the conceptually approved layout . 2 . Live electronically amplified music and entertainment shall be limited to a maximum of 2 performers and shall be limited to the following hours : ATTACHMENT NO. y i CONDITIONAL USE PERMIT NO. 90-32 Page Two Monday through Saturday - 8 : 00 PM to 1 : 00 AM Sunday - 3 : 00 PM to 10 : 00 PM 3 . Dancing shall be prohibited. - 4 . An entertainment permit shall be submitted and approved by the Police Department prior to the establishment of the live entertainment within the restaurant . 5 . The proposed use shall comply with all applicable fire and building codes , including Ch-apter 33 of the Uniform Building Code. 6 . All activities shall comply with all applicable ordinances of Title 5 , Business License and 'Regulations , and Title 9 , Public Peace, Morals and Welfare of the Huntington Beach Municipal Code . 7 . The proposed live entertainment shall comply with Chapter 6 . 40 "Noises" of the Huntington Beach Municipal Code. Should complaints be received regarding noises generated by the live entertainment , the Planning Commission reserves the right to require the applicant to mitigate the noise level . 8 . This conditional use permit shall run with the applicant . Any additional activities beyond those proposed (musicians and comedians) shall require the review and approval through the conditional use permit process . 9 . The primary use of the bu-ilding shall be dining and the sale of food and beverages . Dancing and live entertainment (comedians/musicians) shall be a secondary use. Othe six-month review of . the establishment shall be cond-ucted by Planning Commission in order to- assess compliance with and the effectiveness of the adopted conditions of approval . 11 . The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs . -- F7 NT N®.*416 .. CONDITIONAL USE PERMIT NO. 90-32 Page Three I hereby certify that Conditional Use Permit No. 90-32 was approved by the Planning Commission of the City of Huntington Beach on July 17, 1990, upon the foregoing findings and conditions . This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval . -- Sincerely, Mike Adams , Secretary Planning Commission by: Hal Simmons Senior Planner ( 6499d-18-20) tj� �!4CITY OF HUNTINGTON BEACH 2 LraLv INTER-DEPARTMENT COMMUNICATION MUNT►NaON BEACH TO : Cathy Johnson FROM :. Det. I. Feuerstein Community Development PD Vice Unit SUBJECT : CUP Modification / 90-32 DATE : 10-18-95 The PD has reviewed the applicants request for a modification of the CUP at 318 Main Street. The PD has no objection to modify the number of live performers if the CUP is modified with the following conditions. 1. No Punk, Acid or Hard Core Rock Bands. 2. The rear door to be closed during times the Live Entertainment is actually being performed. 3. With 30 days advance notice and with the PD's approval,the hours-of Live Entertainment can be modified. This can occur a maximum of 4 days in a calender;'ear. 4. CUP is on a continual 6 month review. With this in place, the PD has decided at this time not to put a limit on the number of performers and let the applicant police themselves. CITY OF HUNTINGTON BEACH -` P.O. BOX 711 CALIFORNIA 92648 CITY TREASURER—DONALD L. WATSON ENTERTAINMENT E.F '11T Th:S !=E RMIT A' LC�':S .:-NC THE 'TIVI r: i;Owrt 6E1. :'N BY':i1E PERSON TO 'h'HOM THE PERTAIT IS ISSUcD. I'l-:S PLR A17 .c NON. .-RA 'EFERAB. E ISSUED TO: TAXI TAVERN 318 MAIN STREET HUNTINGTON BEACH CA 92648 ACTIVITY: 1 .HOURS; FRIDAY AND SATURDAYS, 10:00 P.M. - 1:00 A.M. C.A6✓0D;1;C;NAL DATES ES A LLOV;E J; NEW YEARS EVE, MEMORIAL DAY, FOURR PH OF JULY, PIERFEST DATES, OP PRO COMPETITION DATES, LABOR DAY AND ONE DAY FOR THE TAXI CfIRISTMAS PARTY. THE HO'J�S FOR THESE DATES WILL BE L '0:tlC P.M.-•I:{' N.M. "."%XI'*; IS kLLOWED TO l?PL` r.'-R ui- 'FO SIX"ONE L AY" LIVE ENTERTAINMENT L Ei:T-. DURING "HE LIFE OF T:iiS PEt:MIT. FOR THESE EVENTS,TAXI MUST APPLY WITH THE POLICE DEPARTWENT AT LEAST THIR TY DAYS PRIOR TO-THE EVENT AND RECEIVE APPROVAL. 4 LIVE ENTERTAINIMENT IS LIMITED NON-AN'1PLIFIED ACOUSTICAL mUSIC 4TH NO MORE THAN FOUR MEMBERS TO THE GROUP. 5.DANCING IS NOT ALLOWED.. -rD A7tw_pw r'TT0, 6.THERE WILL BE NO COVER OR ADMISSION CHARGE. 7. DURING=. EVENTS OF LIVE ENTERTAINMENT,THERE WILL BE AT LEAST SIX SECURITY rUf'ZD.- ')N '_"JTY. ''I'_Y h.11 L 13- CL_AF.: ' IDE!�TIF!ABLE. EFFECTIVE DATE: :JVE AL `R 1, :994 EXPIRATION DATE:NOVEMBER 1, 1995 Donald L.Watson City Treasurer cc: Police Department Attention Vice Division 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 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 PUBLWAOTICEy— =ALL.: INTERESTED PER newspaper of general circulation printed NOTICE�oF.. SONS ere hivlted to attend r P PUBLtC HEARING said hearing_and express b BEFORE THE CITY opinions or submit evt- and published in the City of Huntington Bence-fo► or against'the COUNCWOF,THE application as. outlined Beach, County of Orange, State of HUNTING ON BEACH Ae laboVd. Councll s llengn t In and that attached Notice is a NOTICE IS'i HEREBY 'court, you may be limited California, GIVEN that on.Tyesd6y: �to raising oily those Issues February 20 1996,;at 830; You :or someone ;:else. . true and complete copy as was printed PM In°"the Clty''Couiicll Iraised atthepubllchearing ' and. published . in the Huntington Beach Chambers, 2000" Meln deecnbed In'this notice;or Street Huntln�ton Beach In written correspondence ' and Fountain Valley issues of said the II eodncll"w111-hold a delivered to the City et -or. 'public hearfno_on the-fol r Prior to;-the public,heanng. lowing planntng'and zoning 1If -there`are any further newspaper to wit the issue(s) of: item F, questions pteasq­call-the.. t. .CONDITIONAL USE _ Planning,Divislon at'.536- PERMIT NO:90-32(R)_-AP-. - 527T?and defer 'tor:the PEAL:Applicant:Taid's the above"Item3TDlrecC your. TaJem.,(Emil Var`one). Ap-- written°fcommunlcations to pellaM-:.City Councllmem- the City Clerk. ber Dave, Garofalo Re- "Connie Brockway, quest•Appeal of the Plan• City.Clerk, City,of Hun• ; F eb r u a r 8 , 1996 bin !Co pmm pe ,Ion's dental tington Beach, 2000 yof onditional-Use Permit Main Street,2nd Floor, No 90=32(R)-requesting'an Huntington Beach,—tall. Increase In the.number of Itornla- 92848 (714) live.performers.' Location: ,. - t318°Main Street(east-side: !538.5221 south of Orange). Project j Published; Huntington Planner:Jane Madera : Beach-Fountain.'Valley In- 1 declare, under penalty of perjury, that 2. COMMUNITY_ DEVEL- dependent. February 8, OPMENT DEPARTMENT FEE SCHEDULE UPDATE:. 1996 the foregoing is true and correct. 0zz=954. b g Applicant: City - ton Beach, Community De- velopment Department- - Request: Amend the'Fee Schedule of the .,Com Executed on February 8 1996 munity Development De- i partment to'recover costs of. services provided, Im- at Costa Mesa, California. prove fee descriptions-and decrease fees,where,ap- ppo -ate. Location: `City- Wide,Project Pldif er:Jane Madera-'. WOTI.CE.. lSr3.:NEREBY. - ,GIVEN tfiat:.lt_ein:(sj.#t.and .,,are-,.categorically_ex- i a -t;from tha;provlsions of the Callromla EFvironmen. 1 tat Ouality,AcC"E :ON, IL A .cgpyy,of the Proposed request is.on file m�.the:Clty Clerk's";Office,: S i g n atu re 2000 INaIn.Street,`Hunting- ton'-BeachP='Calliornla U 92648, for Inspection by / the,publlc. A copy of the staff report will be available to Interested parties at the City- Clerk's Office after Februarv_15.1996:__ 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 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 ff newspaper of general circulation printed I PUBLIC NOTICE .r ALL INTERESTED PER- g�7 SON$are Invited to attend r p NOTICE OF said^'hearing'and express , and published in the City of Huntington I PUBLIC,HEARIH1 opinlons 'or submit'evi- BEFORE THE CITY "� dence for or,against the.: Beach, County of Orange, State of COul(cmt _TNE appltcatiyn,as ougtllned above If ou challen a the �HUNTIINGTON BEACH Cl 'Councll's action- In California, and that attached Notice is aCoyrt, you may be limited �- NOTICE-:IS HEREBY. to urtsing o�ly_those Issues true and complete co as was printed GIVEN, that on Tuesday, you or someone else p copy p February 20 1998 at.6:30 raised at the public hearing_; and. published . in the Huntington Beach Cham'inbers, the 20 council In rlbeddcorrs notice, elt) Chambers, 2000 •Main , In wrltten�correspondence�:� and Fountain Valley issues of said Street,9Cty Council on Beach,-_ 8t delivered to the.City at, or the City Counal will hold a-: prior to;the,publlc-hearing. public hearing on the:fol-. If =.there are. an =further newspaper to wit the issue(s) of: g planning g q P yc lowing Iannln and_ zonln uestlons lease=call_the , item: Planning 1)N016n at 536- L- CONDiT_IONAL USE;5271` and*Reefer•'-to.--- the PERMIT NO.,90132(R)-_AP-;above- item:.``�Direct your PEAL ApplicantiTaxl'at he:written communications.to Tavern (Emil',Varoria)_.Ap- the-City Clerk:'. peltant City-_-Couricllmem i Connie Brockway, tier__Dave Garofalo '- Re-i CIty.Clerk,.City ot,Hun- F e b r u a r y 8, 1996 quest: Appeal of the Plan-! tington Beach, 'MOO ning Commissions denial}t of Conditional-`Use Permlt j Maln Street,Ind Floor, No.90-32(R)Lreque7 ting an I Huntington Beech,Increase.In In the number of, ifornla•_92848 (714) live performers:. Location.; 536.5227 318 Main Street(east side,' published Huntington south of.Orang e). Project i Beach Fountain Valley In- I declare under penalty of perjury, that Planner:Jane Madera February r 2. COMMUNITY DEVEL i dependent Februa 8, the foregoing is true and correct. i OPMENT DEPARTMENT] 1996. FEE SCHEDULE UPDATE. 022-954 Applicant: City�of Hunting-_C im. ton Beach,'Community,De- velopment:'Department - Request: Amend'-the- Fee' Executed on February 8 1996 Schedule:-'-ofP!the •Cbm- r munity Development -De-' at Costa Mesa California. partment to.recover costs` of services provided, Im- prove fee descriptionsand decrease fees-wheie-,.ap propriate;_:Location: City i Wide,Project'Planner:Jane Madera - -NOTICE---' IS--- HEREBY _GIVEN-that Item(s) #1.and #2 are categorically ex- empt from-•thetproyisions of the California-Environmen- tal Quality Act. QN FILE:-A-copy;of the ' Signature nro heS City terk'ss_Oftice 2000'Main Street, Hunting- ton Beach, California 92648, for Inspection by the public. A copy of the staff report will be available to Interested parties at the Cl ty Clerk's Otflce• after February 15._t_996,____ r NOTICE OF PUBLIC HEARING 2 -g- l BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, February 20, 1996, at 6:30 PM in the City Council Chambers, 2000 Main Street, Huntington Beach,the City Council will hold a public hearing on the following planning and zoning item: 1. CONDITIONAL USE PERMIT NO. 90-32(R) - (APPEAL): Applicant: Taxi's the Tavern (Emil Varona)Appellant: City Councilmember Dave Garofalo- Reguest: Appeal of the Planning Commission's denial of Conditional Use Permit No. 90-32(R) requesting an increase in the number of live performers. Location: 318 Main Street(east side, south of Orange). Project Planner: Jane Madera ❑ 2. COMMUNITY DEVELOPMENT DEPARTMENT FEE SCHEDULE UPDATE: Applicant: City of Huntington Beach, Community Development Department-Reguest: Amend the Fee Schedule of the Community Development Department to recover-costs of services provided, improve fee descriptions and decrease fees where appropriate. Location: City-Wide Project Planner: Jane Madera NOTICE IS HEREBY GIVEN that Items) 41 and 42 are categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Citv 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 the City Clerk's Office after February 15, 1996. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. if you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are asy Iltirther questions please call the Planning Division at 536-5271 and refer to the above item. Direct vonr written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (cclg10220) GUARANTEE LIABILITY $ 100.00 ORDER NO. 149417 FEE $150.00 YOUR REF:024-144-02-&03 FIRST AMERICAN TITLE INSURANCE COMPANY a Corporation,herein called the Company, GUARANTEES PIER RELATY 200 MAIN#115 HUNTINGTON BEACH, CA herein called the Assured,against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named-or referred to in Schedule A or with respect to the validity,legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances.herein set forth,but in no event shall the Company's liability exceed the liability amount set forth above. Dated: JULY 19, 1995- FIRST A:MERICAN TITLE INSURANCE COMPANY James F. Gominsky Assistant Vice President Director of Special Services First American Title Insurance Co. 114 E Fifth Street Santa Ana,CA 92702 714/558-3211 SCHEDULE A PROPERTY OWNER'S NOTICE GUARANTEE 1. That according to the last equalized"Assessed 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 024-144-02&03. b. The Assessor's Parcel Number and any addresses shown on the assessment roll are attached hereto. tiJ.. 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(`LPN:: 0.:.4L.os Angeles ... :•, it � q Thomas William W�: :{,c::hiso n 8,940 El Presidente Ave Fountain Vly CA 92708 Andrew L. Orens Camarillo CA 93012 r , x� 024-134-20 _ E. Ogderi 4 Faye :1.21:1. Montego St Arroyo Grande CA 93420 f A{"'ICI o 024 .1. •4.:L."0•.:, Ii{'{:Ie?'.:r:aat:)l:arn�,i, t:. Agency #..:1.'�.ti 1.'It.�.nt � >N 2000 S 1--lun`k.:i.r7 c;J'I on A ?i';'_F;f;•#:, - Red eve I.o1.)rllen 1.. At.J{:?ncy r .:.� �: I..II-ll'1'1;• T' ` , Redevelopment Agency •f= Hunt .2000 Na.. 4 t" I-IF.ui"l.:i.ric: "► ih CA Si';:'.f;r.{.#:, I x , Redevelopment Agency Cil 4 luui k R a 2000 Irl::t:l.l'7 —144-02 Robert D.. Bolen 1818 Pine St Huntington Bh CA 9264('3 _.. \Ruth Larson 4., 2 :1. � r f.. T no CA 92401. yt Marcus M. Mc Callen r, q 22818 l':;t:)<.:>tra. Bella D AFT-k: 0�4*-`.l 1-60 0'.) J. 119 vi;.-k Tu A <Yk J11 02`4 :1.6 4 10 0211 16.1 :1 A. I J.n q 560:1. lvk.-m; �.-m,:*I rc)v(-..? A v 1,314-1.2 Couri-try Club Dr Cf^i 90601 Buen,-.x ("A 906'A*-'*I. 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( ) t4 ( ) Do the Heading and Closing of Notice reflect City Council (and/or Redevelopment Agency)hearing? ( ) ( ) Are the date, day and time of the public hearing correct? ( ) ( ) If an appeal, is the appellant's name included in the notice? ( ) ( ) If Coastal Development Permit, does the notice include appeal language? Is there an Environmental Status to be approved by:Council? ( ) ( ) Is a map attached for publication? ( ) ( ) Is a larger ad required? Size ( ( ) = Is the verification statement attached indicating the source and accuracy of the mailin .list? M:o qaXUC A l)l DVl l 3l ale I Ui Vk� e,1DVtQV- - DV IA'- Are the applicant's name and address part of the mailing labels? ( ) ( ) Are the appellant's name and address part of the mailing labels? ( ) ( ) If Coastal Development Permit, is the Coastal Commission part of the mailing labels? ( ) ( ) If Coastal Development Permit,are the resident labels attached? Is-the Report 33433 attached? (Economic Development Dept. items only) Please complete the following: 1. Minimum days from publication to hearing date 2. Number of times to be published 3. Number of days between publications 21 ................... MEETING DATE: February 20, 1996 DEPARTMENT SUBJECT: REQUESTING: Community Development Taxi's Tavern Appeal of CUP 90-32 Community Development Community Development Fee Schedule TODAY'S DATE 02/01/96 4:02 PM VERIFIED BY ADMININSTRATION: APPROVED BY: Ray Sfrver Assistant City Administrator 2/1/96 4:02 PM NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, February 20, 1996, at 6:30 PM in the City Council Chambers, 2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. CONDITIONAL USE PERMIT NO. 90-32(R)- (APPEAL): Applicant: Taxi's the Tavern (Emil Varona)Appellant: City Councilmember Dave Garofalo-Request: Appeal of the Planning Commission's denial of Conditional Use Permit No. 90-32(R) requesting an increase in the number of live performers. Location: 318 Main Street(east side, south of Orange). Project Planner: Jane Madera ❑2. COMMUNITY DEVELOPMENT DEPARTMENT FEE SCHEDULE UPDATE: Applicant: City of Huntington Beach, Community Development Department-Request: Amend the Fee Schedule of the Community Development Department to recover costs of services provided, improve fee descriptions and decrease fees where appropriate. Location: City-Wide Project Planner: Jane Madera NOTICE IS HEREBY GIVEN that Item(s)#1 and 42 are categorically exempt from the provisions of the California Environmental Quality Act. 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 the City Clerk's Office after February 15, 1996. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (cclg10220) f�N NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGFON-DEACH NOTICE IS HEREBY GIVEN that on Tuesday, February 20, 1996, at 6:30 PM in the City Council Chambers, 2000 Main Street, Huntington Beach,the City Council will hold a public hearing on the following planning and zoning item: 1. CONDITIONAL USE PERMIT NO. 90-32(R)- (APPEAL): Applicant: Taxi's the Tavern (Emil Varona) Appellant: City Councilmember Dave Garofalo-Request: Appeal of the Planning Commission's denial of Conditional Use Permit No. 90-32(R) requesting an increase in the number of live performers. Location: 318 Main Street (east side, south of Orange). Project Planner: Jane Madera ❑ 2. COMMUNITY DEVELOPMENT DEPARTMENT FEE SCHEDULE UPDATE: Applicant: City of Huntington Beach, Community Development Department-Request: Amend the Fee Schedule of the Community Development Department to recover costs of services provided, improve fee descriptions and decrease fees where appropriate. Location: City-Wide Project Planner: Jane Madera NOTICE IS HEREBY GIVEN that Item(s) 41 and 42 are categorically exempt from the provisions of the California Environmental Quality Act. 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 the City Clerk's Office after February 15, 1996. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at, or prior to,the public hearing. If there are apy... irther questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (cclg10220) i mr MY mumo?"Jim �' •. .r WWI V �Tfflllljjlf14.wwg A, \ ONCE ' , PRIMITA �1 � I p, u Will MEW M, mom �1:►�.. I 11 . l ► Ws.� 1 A1 • '/ N Tit oll LF6 MA IVA,WO ox UA RCA ROUTING SHEET INITIATING DEPARTMENT: Community Development Department SUBJECT: Conditional Use Permit No. 90-32 R (Appeal) COUNCIL MEETING DATE: February 20, 1996 .. RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Attached Findings/Conditions for Approval and/or Denial Attached ... .EXPLANATION FO;R MISSING ATTACHMENTS REVLEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial rCity Clerk EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's�Use • FEB-20-1996 11:26 FROM TOTAL PROPERTY MANAGEMENT TO 3741557 P.01 RECUIED CITY C! EKK r. i y r HUNTING T O,li FEB H 10 48 All 196. Total Property Management FAX COVER SHEET TOTAL PROPERTY MANAGEMENT -- IRVINE OFFICL DATE. FEBRUARY 20, 1996 TIME: TO: CONNIE7BROCKWAY, CITY CLERK CITY OF HUNTINGTON BEACH ( 714) 174-1557 FAX #: - FROM: DIANA WRIGHT, ACCOUNT EXECUTIVE FOR TOWNSQUARE MASTER ASSOCIATION AND PIERSIDE ESTATES ASSOCIATION, HUNTINGTON BEACH, OUR FAX NUMBERS 714/261/6958 RE: ATTACHED ARE TWO LETTERS ERS OF OPPOSITION REGARDING THE PURT I T�-..EARTU. FEB 70, 1996 ITEM 1 CONTITTTnNAL ILSF "PERMIT NO an 32 (R.) PLEASE SUBMTT THANK YOU. DIANA WRIGHT COMMENTS: TOTAL, NUMBER OF PAGES (Including Cater Sheet) FEB-20-1996 11:27 FROOOTAL PROPERTY MANAGEMENT TO • 3741557 P.04 RECEIVED E:1 i v CLERK C'T Y -' HUNT IH6 i[I'i =s-4-;FE,(;`LtF. NOTICE OF.PUBLIC HEARING FEB 20 10 48 Alf '96 REFORE THE CITY.COUNCIL Oiv_THE CITY OF HUNTINCTONi I M CH NOTICE IS HEREBY GIVEN that on Tuesday, February 20, 1996, at 6:30 PM in the City Council Chambers, 2000 Main Street,Huntington Beach,the City Council Will hold a public hearing on the following planning and zoning item: in 1. CONDITIONAL USE PERMIT NO.90-32(R)-(APPEALI: Applicant: Taxi's the Tavern (Emil Varona)Appellant: City Councilmember Dave Carofalo-Request: Appeal of the Planning Commission's denial of Conditional Use Permit No. 90-32(R)requesting an increase in the number of live performers. Location: 318 Main Street(east side, south of Orange). Project Planner: lane Madera [j 2. COMIvrt-LAITY DEVELOPMENT DEPARTMENT FEE SCHEDULE-VERATE: Applicant: City of Huntington Beach,Community Development Department-RRrquest. Amend the Fee Schedule of the Community Development Department to recover costs of services provided, improve fee descriptions and decrease fees where appropriate. Location: City-Wide Project Planner: lane Madera NOTICE IS HEREBY GIVEN that Items)#1 and#2 are categoricauy exempt from the provisions of the California Environmental Quality Act. 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 the City Clerk's Office after February 15, 1996. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to,the public hearing. If there are say f"urther questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714)536-5227 FEB-20-1996 11:27 FROM TOTAL PROPERTY MANAGEMENT TO 3741557 P.02 TOWN SQUARE MASTER COMMUNITY ASSOCIATION 18011 SKY PARK CIRCLE, SUITE L IRVINE, CALIFORNIA 22714 (714) 261-8282 (714) 261-6958 m = � C'J February 19, 1996 co c Connie Brockway, City Clerk City of Huntington Beach m 2000 Main Street, 2nd. Floor Huntington Beach, California 92648 RE: NOTICE OF PUBLIC HLARIN(; - CONDITIONAL USE PESXIT NO. 90-32 (R) -JAPPEAL) Gentlemen: I am writing to you on behalf of the Board of Directors of Town Square Master Community Association, a homeowners association consisting of eighty-nine condominiums and townhomes located at 411 Townsquare Ln. , in Huntington Beach, California. The Board is submitting this correspondence, prior to the public hearing, February 20, 1996 in order to voice their opinion to oppose the request made by the applicant, Taxi's the Tavern, to increase the number of live performers at 318 Main Street, east side, south of Orange and to revoke the conditional use permit no. 90-32 (r) . The reasons that this Association is against this appeal and increase of live performers is because the applicant Taxi's the Tavern's loud and raucous performers disturb the peace of the surrounding residential neighborhoods, adversely affects the property values of the surrounding homes, encourages dangerous behavior due to crowding conditions on the streets and ultimately violates the city's curfew laws. Sincerely, THE BOARD OF DIRECTORS TOWN SQUARE MASTER COMMUNITY ASSOCIATION By: Diana Wright, Account Executive L <'Yl /I2 U,- 2 07�1 i • FEB-20-1996 11:27 FROM TOTAL PROPERTY MANAGEMENT TO 3741557 P.03 PIERSIDE ESTATES ASSOCIATION 16011 SKY PARK CIRCLE, SUITE L IRVINE, CALIFORNIA 92714 (714) 261-8282 (714) 261-6958 a � -1 ' � z February 19, 1996 '; cry � " r ' Connie Brockway, City Clerk G7'7 City of Huntington Beach 2000 Main Street, 2nd. Floor Huntington Beach, California 92648 RE: NOT ICE OF PUBLIC HEARING - CONDITIONAL USIs PERXIT NO. 90-32 f R)-JAPPEAL Gentlemen: 2 am writing to you on behalf of the Board of Directors of Pierside Estates Association, a homeowners association consisting of sixteen (16) townhomes located at Townsquare Ln. and Pierside Circle in Huntington Beach, California. The Board is submitting this correspondence, prior to the public hearing, February 20.. 1996 in order to voice their opinion to oppose the request made by the applicant, Taxi's the Tavern, to increase the number of live performers at 318 Main Street, east side, south of Orange and to revoke the conditional use permit no. 90-32(r) . The reasons that this Association is against this appeal and increase of live performers is because the applicant Taxi Is the Tavern Is loud and raucous performers disturb the peace of the surrounding residential neighborhoods, adversely affects the property values of the surrounding homes, encourages dangerous behavior due to crowding conditions on the streets and ultimately violates the city's curfew laws. sincerely, THE BOARD OF DIRECTORS PIERS.TPE ESTATES ASSOCIATION By: Diana Wright, Account Executive �� r �tECEtYEG IV Ot.F NUNT+I�tGTt _IF, 42f1 p � 2-20-96 Dear Council Members,;; This letter is in' ;:r:eguards Ito TAXI 'S obtaining a permit to increase the number .:of performers',;-from two to seven at their bar. We live directly_"'behind . the .bar on third st. and since they refuse to. close ,the `back door- to` the , bar 'we can hear every song `that is played,every .hoot&holler;etc.' that eminates from .this estabiishment ° .;,We have tried to discuss this with "JINX" P. the owner, butf:a're j ust' given the - run :around every time this matter is brought up. It is hard. to get; a good night ' s sleep when you can still hear this place,"at 1 a .m. and you have to go to work at 6 a.m. We are opposed , to` this permit being `--granted and would ask for your consideration ..in this matter. TH DA ID.`:& LISA DELLANO