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Home My WebLink AboutUP 92-65 - Appeal of PC Denial Niccoles Ristorante Outdoo �_ Q S • �•/ �; � J a l 'V t�+ fir tx to ,1 / tt r y[ • Im 1 1 •, j yao, IV CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: May Johnson, Deputy City Clerk FROM: Wayne Carvalho, Assistant Planner�'Z'� SUBJECT: Conditions of Approval for Use Permit No. 92-65 Niccole's Ristorante Outdoor Dining DATE: August 10, 1993 The conditions of approval for Use Permit No. 92-65 were as follows: 1. The site plan and seating layout dated May 25, 1993 shall be the conceptually approved layout for Niccole's Ristorante. 2. Outdoor dining shall not occur until the following items are completed: a. An encroachment permit shall be required per Public Works Department requirements. b. The applicant shall provide a Certificate of Insurance and Hold-Harmless agreement to be executed. C. Table locations and seating area plans shall be reviewed and approved by the Fire Department. 3. The outdoor dining use shall comply with the following: a. No alcohol shall be served outside the building. b. Hours of operation for the outdoor dining shall be between the hours of 10:00 AM and 9:30 PM. All tables, chairs and other appurtenances shall be completely removed from the sidewalk area by 9:30 PM C. During outdoor dining use by Niccole's Ristorante, an equivalent number of tables/seats shall be closed on the second floor of Niccole's Ristorante. d. There shall be a minimum six(6) foot clearance between tables/chairs and other restaurant equipment and curb/street furniture (tree wells, traffic signal devices, etc.) for public access way. e. All tables shall abut the building and be a minimum 50 feet from the rear property line. The number of tables shall be limited to seven(7). f. All food service and clean-up shall be through the front door. g. The back door(solid) shall remain closed during business hours; no trash shall be emptied after 9:30 PM. 4. All building spoils, such as unusable lumber, wire,pipe and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5. A 60 day review shall be completed by the Planning Division to review compliance with the conditions and applicable City codes. 6. The trash enclosure with mat washing area shall be constructed within 90 days of the date of this approval. The enclosure shall include a connection to the public sewer system. r mMeb 3y m Oris4-► CraS� an FEB . CONTINUED HEARING ADDENDUM The following was either overlooked at the Feb . 1 meeting or was unknown by me at the time: 1 ) Unlike Michael Niccole stated , all businesses have not signed his "petition" or do not fully agree that there are no problems . a ) Brewster 's Ice House was not even approached for signatures . The daughter and son-in-law who manage the business further state that they are unhappy with the parking situation since Niccole customers some- times use their property for parking . The office is not open after 5 p .m . but they are open for business which necessitates their parking be available - and it is private property . b ) All property owners except the friend of Gus ' did not sign . First I am not a friend of Gus ' - we met due to this situation . Second , my next-door-neighbor did not sign and resents the implied lie . c ) Chu Pak , Dehne 's Market , signed after thre people ( last being Michael Niccole ) came to him . Even then he wrote that he was having major problems with park- ing and rudeness from customers ( ethnic remarks being hurled at him and his lovely wife ) . 2 ) Niccole 's parking lease is month to month , so we have potential for a completely unparked restaurant . 3 ) Every time a hearing comes up problems are straightened out for a brief time afterward . 4 ) The Niccole employees , presumably under someone 's direc- tion , are pushing large amounts of standing water onto the property adjacent to the parking lot . 5 ) VERY IMPORTANT : Suzanne Beukema tells me she spoke on behalf of Niccole a ) to bring harmony to the neighborhood b ) because she is going to apply for amplified music and plans a 500 sq . ft . expansion with the loss of parking for her catering van . All things considered , I believe the neigborhood residents have compromised as much of our comfort as we should . IF THIS ESTABLISHMENT IS , AS THEY CLAIM , A FINE DINING ESTABLISHMENT , THE USE THEY ARE AIMING FOR DETRACTS FROM THE QUALITY OF A FINE DINING ESTABLISHMENT AND BRINGS LESS DESIRABLE PATRONS TO OUR .NEIGBORHOOD . ALL HOMEOWNERS I HAVE:: SPOKEN WITH BELIEVE THAT THE QUALITY OF THE PATRONS HAS DIMINISHED SINCE THE ONSET OF THE CONDITIONAL USE PERMIT AND INSTITUTING THE WINE TASTING EVENING . I believe hours should be limited to 10 p .m . Sun .-Thurs . & 12mn . Fri .-Sat . This means customers will still be present • for another hour and clean-up will take place still later . x further believe that wine tasting , if allowed to continue , should be limited to 8 p .m . Other establishments do not continue wine tasting events throughout their regular dinner hour . Many fine dining establishments include it as part of a dinner package - say $40-$50 - Niccole 's sells "tastes" for $2 ( this includes free h 'or d 'ourves ) . Most places call this HAPPY HOUR . 1�A. Connie Brockway,City Clerk 9 City of Huntington Beach f �•� Office of the City Clerk P.O.Box 190 x.: ,. , s+ 1 ; :w z--�--tr _. . Huntington Beach,CA 92648 h� Awl \ 024-133-13 `J Town Square aster r 'U Community ssociation INGTOyg V 4699 Ja oree Rd O CURFUBA JfO F.9� Newp t Beach, CA 92660 C.3 — y } ruse vo Y SEIV 2C �`s I1,1909•p0 4O `' J F�OUNTy �' - PUBLIC HEARING A1TFMPT�P- 1111 LEGAL NOTICE 111Ill {IILili Qvr �4 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 13, 1992 Michael Niccole, M.D. 520 Main Street Huntington Beach, CA 92649 Dear Dr. Niccole: The City Council of the City of Huntington Beach at its regular meeting held Monday, August 2, 1992, conditionally approved your application for Use Permit 92-65 with conditions (see attached). This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedures of the State of California you have ninety days from August 13, 1992, to apply to the courts for judicial review. A Statement of Council Action will be mailed to you. If you have any questions regarding this matter, please contact this office at 536-5227. Sincerely yours, Connie Brockway, CMC City Clerk CB:cc Enclosure CC: City Administrator City Attorney Community Development Director 1O51K (Telephone:714.536-5227) Title 1 WRIT OF MANDATE § 1094.6 exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all wi itten evidence, and any other papers in the case. (d) if the petitioner files a rcflurst for Ihr record ns specified in stilnlivision (c) within 10 flays rifler the dale the decision becomes fi- nal as provided in subdivision (b), 'lhv lints within which a pelition pursuant to Section 109•1.5 mity he filed shall he extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of rec- ord, If he has one. (e) As used in this section, decision means adjudicatory admin- istrative decision made, after hearing, suspending, demoting, or dis- missing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retire- ment benefit or allowance. (f) In making a final decision as defined in subdivision (e), the local agency shall provide notice to the party that the time within 1 which judicial review must be sought is governed by this section. As used in this subdivision, "party" means an officer or em- ployee who has been suspended, demoted or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall be applicable in a local agency only if the governing board thereof adopts an ordinance or resolution making this section applicable. If such ordinance or resolution is adopted, the provisions of this section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter. (Added by Stats.1976, c.276,p.581, § 1.) Forms See West's Califoruin Code Forms, Civil Procedure. Library References Admiii6trntive Law ruts Proralum C1.19. Public Administrative BodieA and Procedure 1 193. Notes of Decisions In general I Iltttt public rntltloyutew relntinnx homed Exhaustion of administrative remedies 2 hood rxeiii.-h-6 jurimdietion to determine whether the tmf,tir pruedee ehnrgex wort! lastirie-l; null, in view of trRCllrra' failure In rxlartrst their ❑ihninixtrotive remedicrt I. In general under the Itnd-lit At-1. trial court erred in School bottrd'x ltoiiho--roil frerzim: of grautinl; writ of nuuoilute to compel xuper- teat•hcrs' xahtrirx nftrr bt•t;innilig of new• inlooitb•nt of diarit•I and others to ruixe xrhonl yenr. tehile v,miriwi ura;otimiunx xahiri••s of courier teachers. Arnndor Vail. were i.coiding• arruuhly wax an unfair It-y 8•-tmidnry Eilm-niorx Axx'oi_t. \rw1hi pruclice ill riolu,iuu of tilt! ltoddu Art. nit (10701 151 Cul.Itptr. 724, M C.A.Jd 251. 675 I § 1094.5 SE'EC1Ai. PROCEEDINGS Part 3 Nato 378 n.otoled far new trial de note. Prr•xeod t. mined Bonn. i>.:inner had uU juria,.li.•linn valifornin 1'ttenat.loymeut latx. A1.1.ealN It'l. and slid not dcterntlue merits• Wratern Air WITH) 1''7 l'nl.ititir. NO. 57 ('..\.:Id 211• Lilies int•. v. Sobierki (11161) 321 Cnl.ltptr. Trial rourt'a jiulgotr•ol d.vling writ of 119. 1111 C.A.2d 309. ntnudutn to comlael director of agrieulturu Iran that letter discharging senior iyp- in Net nside him del-Wolf revoking IIIthinn- ist clerk in office of eouut� clerk xtuted ei s lii-viiNe up aircraft l•ilat ill hnxntr•xx --t Hutt Nlrr tcnx gnilly of misconduct in re. lariat eonlrnl Was rererxed nod coae re Moving lnlblie records from that files and nintuled to trial enurt with dirertiuux to uuatilating and xtrrelit+a them on vnrious rt•mmnd ease to director fur purlto►e tit flutes• wherenm in hcaring before county ,l rei-onsidcrhag the penalty lareviously ilia- r•ivil Nervier conunixslon evidence w•na in. posed, where it was found that some of traduced only na to what took place on thu charges ngainxt. lactitioner worn not nne of the dates• did not require the dia- xnleported by evidence. N'iogfirld a•. irlet court of algtrnl on :al,ln•nl front judg- Director of Agriculture (31172) 1(a3 Cal. olent nwurrliug senior tylai.•i clerk writ of Itptr.019,20 C.A.3d 200. ntandnte. after reverx(ng tl:o judgmeut of Prorleediug for review of drninl by cool- the superior enurt, to ri:nannd the matter mixsloner of corlanrntions of pertnit to to the t•••tnutimNion for rr••nnsideration, ehnnge volhig rights of Nhnreholders whern there was n sivailnrity of facto aur- would be rrtnnndnd to superinr court for rounding reent,val of the c douolenta on all determtnntion whather there was auhrt:an= of the dntes. 1'rslt v. Lox Angrlcx Colin- list evidence to support ewonflsaioner's ty tCivil servic i Colnuaibyiou (1952) 238 fiudinga, where court improperly deter- 1':.d S.1(1y C.A 2d 114. § 1094.6. Judicial review; decisions of local ngericles; petition; filing; time; record; decision and �a.rfy defined; or- dinance or resolution (a) Judicial review of any.decision of a local agency, other than school district, as the term local agency is defined In Section 54951 of the Government Code, or of any commission, board, officer or agent thi.-Cof, may be had pursuant to Section 1094.5 of this erode only if the petition for writ:of mandate pursuant to such section is filed 'e.,ithin the time limits specified in this section. (b) Any such petition shall be filed nut later than the 90th day following the date on which the decision becomes final: If there is no, provision for reconsideration of the decision in any applicable provi- sion of any statute, charter, or rule, for the purposes of this section, the decislZ`r- is final on the date it is made. If there is such provision for reconsideration, the decision is final for the purposes of this sec- tion upon the expiration of the period during which such reconsidera- tion can be sought; provided, that if reconsideration is sought pursu- ant to,any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. (c) The complety rvvord of the proveedings shall Ix- prepared by Ilk! I(x•il) agency or its t'olninis!:t0111, ix ird, offiver, (►t- ilgent which made the decision and shall be ritllivered to the petitioncr within 90 days ,ifter he has filed :1 written-rcOucst therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the tran- Script of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted 674 - c CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: May Johnson,Deputy City Clerk FROM: Wayne Carvalho, Assistant Planner hLz, SUBJECT: Conditions of Approval for Use Permit No. 92-65 Niccole's Ristorante Outdoor Dining DATE: August 10, 1993 The conditions of approval for Use Permit No. 92-65 were as follows: 1. The site plan and seating layout dated May 25, 1993 shall be the conceptually approved layout for Niccole's Ristorante. 2. Outdoor dining shall not occur until the following items are completed: a. An encroachment permit shall be required per Public Works Department requirements. b. The applicant shall provide a Certificate of Insurance and Hold-Harmless agreement to be executed. C. Table locations and seating area plans shall be reviewed and approved by the Fire Department. 3. The outdoor dining use shall comply with the following: a. No alcohol shall be served outside the building. b. Hours of operation for the outdoor dining shall be between the hours of 10:00 AM and 9:30 PM. All tables, chairs and other appurtenances shall be completely removed from the sidewalk area by 9:30 PM C. During outdoor dining use by Niccole's Ristorante, an equivalent number of tables/seats shall be closed on the second floor of Niccole's Ristorante. d. There shall be a minimum six (6)foot clearance between tables/chairs and other restaurant equipment and curb/street furniture (tree wells,traffic signal devices, etc.) for public access way. Y e. All tables shall abut the building and be a minimum 50 feet from the rear property line. The number of tables shall be limited to seven(7). f. All food service and clean-up shall be through the front door. g. The back door(solid) shall remain closed during business hours; no trash shall be emptied after 9:30 PM. 4. All building spoils, such as unusable lumber,wire,pipe and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5. A 60 day review shall be completed by the Planning Division to review compliance with the conditions and applicable City codes. 6. The trash enclosure with mat washing area shall be constructed within 90 days of the date of this approval. The enclosure shall include a connection to the public sewer system. STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, August 2, 1993 A videotape recording of this meeting is on file in the City Clerk' s Office. Mayor Winchell called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. PRESENT: Robitaille, Bauer, Moulton—Patterson, Winchell , Sullivan, Leipzig, Silva ABSENT: None (City Council) PUBLIC HEARING — APPEAL OF PLANNING COMMISSION DENIAL OF USE PERMIT NO. 92-65 — NICCOLE'S RISTORANTE OUTDOOR DINING — 520 MAIN STREET — APPROVED. (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal : APPLICATION NUMBER: Appeal of the Planning Commission Denial of Use Permit - No. 92-65 APPLICANT: Michael Niccole LOCATION: 520 Main Street ZONE: Downtown Specific Plan- - District 6 — Coastal Zone REQUEST: To permit the establishment of outdoor dining at Niccole's Ristorante. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15321 , Class 1 of the California Environmental Quality Act. COASTAL STATUS: Non—appealable A motion was made by Silva, seconded by Moulton—Patterson, to grant the appeal and overrule the Planning Commission denial of Use Permit No. 92-65 with amended findings and conditions of approval as follows: Conditions of 'Approval — Use Permit No. 92-65 1 . The site plan and seating layout dated May 25, 1993 shall be the conceptually approved layout for Niccole's Ristorante. Page 2 - Statement of Action - 8/2/93 2. Outdoor dining shall not occur until the following items are completed: a. An encroachment permit shall be required per Public Works Department requirements. b. The applicant shall provide a Certificate of Insurance and . Hold-Harmless agreement to be executed. C. Table locations and seating area plans shall be reviewed and approved by the Fire Department. 3. The outdoor dining use shall comply with the following: a. No alcohol shall be served outside the' building. b. Hours of operation for the outdoor dining shall be between the hours of 10:00 a.m. and, 9:30 p.m. All tables, chairs and other appurtenances shall be completely removed from the sidewalk_ area by 9:30- p.m. C. During outdoor dining use by Niccole's Ristorante, an equivalent number of tables/seats shall be closed on the second floor of Niccole's Ristorante. d. There shall be a minimum six (6) foot clearance between tables/chairs and other restaurant equipment and curb/street furniture (tree wells, traffic signal devices, etc.) for public access way. e. All tables shall abut the building and be a minimum 50 feet from the rear property line. The number of tables shall be limited to seven (7). f. All food service and clean-up shall be through the front door. g. The back door (solid) shall remain closed during business hours; no trash shall be emptied after 9:30 p.m. 4. All building spoils, such as unusable lumber, wire, pipe and other surplus or unusable material , shall be disposed of at an off-site facility equipped to handle them. 5. A 60 day review shall be completed by the Planning Division to review compliance with the conditions and applicable city codes. 6. The trash enclosure with mat washing area shall be constructed within 90 days of the date of this approval . The enclosure shall include a connection to the public sewer system. The motion carried by the following roll call vote. AYES: Robitaille, Moulton-Patterson, Silva, Leipzig NOES: Bauer, Winchell , Sullivan ABSENT: None _ Page 3 - Statement of Action - 8/2/93 Mayor Winchell adjourned the regular meeting of the City Council of the City of Huntington Beach to 7:00 p.m. , on Monday, August 9, 1993, in the Council Chamber, Civic Center. Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Connie Brockway Grace Winchell City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach) I, Connie Brockway, the duly appointed and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 2nd day of August, 1993. Witness my hand and seal of the said City of Huntington Beach this the 9th day of September, 1993. Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy 1542K Attachment No. 4 Staff Recommendations Findings and Conditions of Approval - Use Permit No. 92-65 Page 2 3. The.outdoor dining use shall comply with the following: a. No alcohol shall be served outside the building. b. Hours of operation for the outdoor dining shall be between the hours of 10:00 AM and 9:30 PM. All tables, chairs and other appurtenances shall be completely removed from the sidewalk area by 9:30 PM. C. During outdoor dining use by Niccole's Ristorante, an equivalent number of tables/seats shall be closed on the second floor of Niccole's Ristoranteq.- or d. There shall be a minimum six(6)foot clearance between tables�and curb/street furniture (tree wells,traffic signal devices, etc.) for public accessway. fo ubv"f e. All tables shall be situate Ldneem to,the building:-" a. -minimum o� So fee .p�•ow•the f. All food service and clean-up shall be through the front door. g. The back door(solid) shall remain closed during business hours; no trash shall be emptied aft 9:30 PM. 4. All building spoils, such as unusable lumber,wire,pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5. A 60 day review shall be completed by the Planning Division to review compliance with the conditions and applicable City codes. k. ` �o• Tras�i enc�os�� hc/u�r! A /i�af war�ir� "�iL�a, a„r/�vb/ic SEwER C vcfeq -wf;*ln 9Dc�a s �'o�n �'he 8 `O � T ATTACHMENT NO. 4 Staff Recommendation Findings for Approval-Use Permit No. 92-65: 1. The establishment, maintenance and operation of the outdoor dining in conjunction with an existing restaurant and trash enclosure will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions imposed, the outdoor dining use will not require any additional parking. The proposed trash enclosure will also improve the appearance of the building by both screening and securing the trash bin. Furthermore,the reduced hours of operation will reduce any noise impacts to area residents. b. Property and improvements in the vicinity of such use or building. The outdoor. dining use will not impede access on public sidewalks. Furthermore,the outdoor dining and trash enclosure will hot impact vehicular traffic. 2. The granting of Use Permit No. 92-65 will not adversely affect the General Plan of the City of Huntington Beach. The proposed outdoor dining and trash enclosure is consistent ` with the goals and objectives of the Mixed Useland Use Designation of the General Plan. Conditions of Approval-Use Permit No. 92-65: 1. The site plan and seating layout dated May 25, 1993 shall be the conceptually approved layout for Niccplels Ristorante6an 2. Outdoor dining shall not occur until the following items are completed: a. An encroachment permit shall be required per Public.Works Department requirements. b. The applicant shall provide a Certificate of Insurance and Hold-Harmless agreement to be executed. C. Table locations and seating area plans shall be reviewed and approved by the Fire Department. U STATE OF CALIFORNIA APPROVER Y CITY COUNCIL County of Orange - Ali wn A I am a Citizen of the United States and a AK 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 cleric of the HUNTINGTON BEACH PUBLICNOTICE, ' INDEPENDENT, a news paper a er of general NorlcEOF . }PUBLIC�HFA IRIR Nc , circulation, printed and published in the City of APPEAL oF=tNE PLANNING Huntington Beach' County of Orange' State of COMMISSION . DENIAL OF USE r_' Carifomia, and that attached Notice is a true and PERMIT Ill 61=65 (NICCOLE'S- '1` complete copy as was printed and published in RISTORAN`TE.-.`' OUTDOOR DIN111 the Huntington Beach and Fountain Valley NOTICE IS,-HEfill issues of said newspaper to wit the issue(s) of. GIVEN that the Hunting"toni Beach Cit Council will hold a ublic hearing In(helONf�F;ILE A�copy of ifie P ( roposed a uest s_o' itlel Counci Chamber at {he Pd, • Huntington Beach 0v-icl �n-the City�lerks :Office; 2000 Main Street Hunting Center, 2000 Main>+$treet! +- +F ton Beach, California, Huntington Beach Califor y •+.n• nia,on the.date and atAhe 926pe for :Inspection by time indicated below to re the)public A_copy of the calve and consider the staff report will be'availabla statements of al persons to interested pa-Ales a pity; who wish to be;heard rela �Hah!or the-Main City Li=: July 22, 29, 1993 trve.to theapplicaUon de er,. (=711J1, Talbert Av- scnbed below anus)after Julyy 30 Y993 DATE/TIME Monday; Au ALL INTERESTED PER- � SONS are invited to attend i gust,2, 1993 7 OO�PvM_ said hearing and..,express APPLICATION'yNUMBER op"inlons or submit to .the Appeal of the Planning� City Clerk,.written*evid'ence Commission Denial of Jltse Permit No 92-65 for against the applica- APPLICANT/APPELLANT lion'as outlined atiove If el Nccole.� there are°an Micha i y furthe%quest; I tions,please call Wayne Street treat ON 520 Maln Carvalh5 Assistant Rlanner� f at 536 5271. ZONE_ Downtown Sppecific - r Plan - District16 Coasa'I Connle- rock ey,i Zone City'Clerk,_Huntingten� REQUEST To permit the Beach it C es ' ; b�§ menH uI; tal Sete .Hun- idmnga ! Niccoles Ris fingto'n,_,Beach CA4 forante 411TV(7.1 J.538.52:-21' ENVIRONMENTAL STA TUS: Categorically exempt Published. Huntington! I declare, under penalty of perjury, that the pursuant to Section 15301 Beach-Fountain Valley 'In-1 Class 1 of the California dependent-July 22, 29; foregoing is true and correct Environmental"Quality Act: 1993. � "y 9 COASTAL STATUS: Non- 074837 ,appealable Executed on July 29 , 199 3 at Costa M sa, Cafifomia. N Signature PROOF OF PUBLICATION STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general PUBLIC,NOTI�,j, i. circulation, printed and published in the City of UNOTIC.E Ri PUBLIC REARING'-. State of APPEAL OF THEY' Huntington Beach County of Orange, t. PLANNING, Carifomia, and that attached Notice is a true and coMMlssior ; ._.- DENIAL OF USE"" complete Copy as was printed and published In PERMIT NO 92 65" (NICCOLE'S the Huntington Beach and Fountain Valley RISTORANrE - OUTDOOR'DINING) issues of said newspaper to wit the issue(s) of: NOTICE IS HEREBY GIVEN that the Huntington Beach City rCounclP�ilI hold a public%earing-mhthe ,ON FILE copyy of th- I Council Chamber at I a ;proposed r questiis�fil'e Huntington- Beach_ Civic in the :City Clerks'Oiflce, Center, 2000 Main z sV et, 2066 Main Streets+Hu_n'tin g- .Huntington Beach Califon ton' Beach �Caliuf Is nia,on the date and at!.,.a 92648'Ifor ins ect pion by time indicated below ta:re- the' public. A copy othe Jul 22 29 1993 calve and consider the doff report wily. available y r r statements of all persons to interested parbesyaIt it. who wish to"6e heard rela- Hall o6the .Mam City}Li `ti"v to the application de 6iary (7111 Talbert Av- scribed below. enue)after July 30F 1993 DATE/TIME: Monday IAir° ALL INTERESTED' PER- gust 2 1993;7:00,06 SONS are invited,to attend APPLICATION.;nNUMBER: said hearing and express Appeal of the Planning opinions or submit tothe' 'Commission Denial of Use City Clerk,written evidence Permit No:92-65 for or against the appkca-� APPLICANT/APPELLANT1 tiori as outlined above Ili [Michael Niccote there and any further N: ques'-' LOCATIO `520 INaln• tions please call Wayne Street Carvalho,Assistant Planner ZONE Downtown Specific at 536-5271. - . Plan= District 6 Coastal. Connie-Brockway*, Zone " City Clerk,j Huntington REOUEST -To permit.the 6 establishment- of outdoor• Beaeh Clty Council, dining at Niccole s,, is; i 2000 Main Street,Hun- torante tington Beach, CA I declare, under penalty of perjury, that the ENVIRONMENTAL '.SrA, 92646(714)-536.5227 TUS: Categorically exempt; Published Huntington pursuant to Sectlor I53 y 01, Beach-Fountain Valle In-j foregoing is true and correct. Class 1 of:the`Califomla dependent July 22, 29,. Environmental Ouality Act. 1993, COASTAL STATUS: Non : Executed on July 29 ' 199 3 appealable + 074.63i at Costa Mes California C Signature PROOF OF PUBLICATION NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION DENIAL OF USE PERMIT NO. 92-65 (NICCOLE'S RISTORANTE OUTDOOR DINING) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, August 2, 1993, 7: 00 PM APPLICATION NUMBER: Appeal of the Planning Commission Denial of Use Permit No. 92-65 APPLICANT/APPELLANT Michael Niccole LOCATION: 520 Main Street ONE: Downtown Specific Plan - District 6 - Coastal Zone REQUEST: To permit the establishment of outdoor dining at Niccole' s Ristorante. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: Non-appealable ON FILE: A copy of the proposed- request is on file in the City Clerk' s Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after July. 30-, 1993. ALL INTERESTED- PERSONS are invited to attend said hearing. and express opinions or submit to the City Clerk, written evidence for or against the application as outlined above. If there are any further questions please call Wayne Carvalho, Assistant Planner at 536-5271. Connie Brockway, City Clerk Huntington Beach City Council 200-0 Main Street . Hunting-ton Beach, CA 92648 (714) 536-5227 (7200d) COVER SHEET FOR CITY COUNCIL PUBLIC HEARINGS N/A YES N ( ) Did Wang type out City Council or Planning Commission public hearing notice? ( ) ( ) If appeal, are appellant and applicant shown on legal notice? If housing is involved, is "legal challenge paragraph" included? ( ) ( ) If Coastal Development Permit, are the RESIDENT labels attached and / is the Coastal Commission Office on the labels? ( ) ✓ Is Title Company verification letter attached? Re J W / ( ) (✓�( ) Were latest Assessor's Parcel Rolls used? Is the appellant's name and address part of the labels? Is day of public hearing correct — Monday/Tuesday? (t�( ) Has the City Administrator's Office authorized the public hearing to be set? Is there an Environmental Status to be approved by Council. Is the appellant/applicant names and addresses on mailing labels? For PubliC-Hearings at the City Council level please revise the last paragraph of the public hearing notice as follows: "ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk, written evidence for or against the application as outlined above. If.there are any further questions please call (insert name of Planner) at 536-5227." CONNIE BROCKWAY, CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET — 2ND FLOOR HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5227 1350K — 4/93 24-172-07 - 024-172-11 ` + -- isakis, Philip Backluno, Hertha L 6351 Tufts Ln Backlund, Herta Louisa Tr untington Beach, CA 92647 302 13th St Huntington Beach, CA 92648 24-172-09 024-173-02 vn, Gun Treece, Darlene 7681 Helenbrook Ln 505 Lake St untington Beach, CA 92649 Huntington Beach, CA 92648 24-172-10/024-173-03 024-173-04 _ arigo, Lewie Koury, Robert J Tr 07 Main St P O Box 65176 untington Beach, CA 92648 Los Angeles, CA 90065 024-172-10 uzanne's 22 Main St untington Beach, CA 92648 024-176-08 024-172-02-03 Marchand, Leo D. Mc Beath, James Travis 6060 Mustard Creek Rd 19522 Westwinds Ln Paso Robles, CA 93446 Huntington Beach, CA 92646 N 024-171-09/024-173-01 024-172-04 _ . ... . Pacific Coast Homes Craig, Christopher/ P 0 Box 7611 Jo Christian Craig San Francisco, CA 94120 529 Lake St Huntington Beach, CA 92648 - 024-172-05-06_ _.. ... 024-172-01 Brewster, Virgil E Knox, John R 7922 Speer Ave 13472 Tulane St Huntington Beach, CA 92647 Westminster, CA 92683 024-173-05 Gus Zisakis _ Stupin, Andrew 611 Sixth St c/o Coastline Investment Huntington Beach, CA 92648 3701 Birch St Newport Beach, CA 92660 024-133-13 024-172-11 Town Square Master Dr Michael Niccole Community Association 520 Main St 4699 Jamboree Rd Huntington Beach, CA 92648 Newport Beach, CA 92660 024-133-29 024-172-09 Mola Development Corp Dehne's Liquor 4699 Jamboree Rd 524 Main St Newport Beach, CA 92660 Huntington Beach, CA 92648 4 ;,"je CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 29, 1993 Michael Niccole, M.D. 16861 Coral Cay Huntington Beach, California 92649 Dear Dr. Niccole: As we discussed during our telephone conversation yesterday, a $500.00 appeal fee is due relative to your appeal filed on June 25, 1993, for Conditional Use Permit No. 92-65. The City Attorney's Office has authorized the City Clerk's Office to allow payment to be received up to 5:00 P.M. on Friday, July 2, 1993. If payment is not received in this office by this date, your appeal will be considered withdrawn. If you have any questions, please do not hesitate to call me at (714) 536-5227. Sincerely yours, Connie Brockway, CIVIC City Clerk CB:jh cc: Michael Niccole, M.D. c/o Niccole's Restaurant 520 Main Street Huntington Beach, California 92648 Art Folger - Deputy City Attorney - �7 4-3 . 1 Telephone:714-536-5227) v ' t Y CITY OF HUNTINGTON BEACH 7 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: CONNIE BROCKWAY, City Clerk FROM: ART FOLGER, Deputy City Attorney DATE: June 25, 1993 SUBJECT: Niccole' s Appeal The City Attorney' s office will accept the appeal by Niccole' s Restaurant of CUP 92-65, received by FAX on June 25, 1993, subject to payment of the filing fee by the close of business day on June 26, 1993 . VT FO ER, Deputy City Attorney AFJ:k c � a z N N z G.71 W rn vrrrt - };s tom_ JUhI - 2 !5 - 93 FR I 1 5 24 P © 1 Ow Y i 1 V A'r L: RANTE F� BARJUN ��{ r,; June 25, 1993 .. .. spy .: Attention: . Art rolger r I am appealing the denial of outside seating at Niccole 's jtorante, Conditional use Permit 92-65, and I am requesting the City C;,Ufiolf to act on this• matter. . • " SJ,nceze3 . I9iccole 520,M61N S*mvF.'r HuwnNoTora $CActi CqI,?r'ORNtA 92648 �i4�9G0-8091 fe from the desk of: C Deputy City Clerk City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 (714) 536-5209 i 'oop 7/a f93 4u S. M � '4`u /lIVVViff///'bbisGGV// P Aa- 14 0 arc �y A-0 ,�i,Ice NOTICE -OF.APPEAL........... . t r `B) TO: - planning SDepartment Y_.a.., DATE: + -6/25/93 '7a rtE-24. L .'S -L- -._ .. _ - _ - -"v- ::-y 9'c'Rf` - Z, - r`- 4 .. •_� Filed=by: MichaelNiccole `;TM�'—'--s� -rs..= .... ��:�--^�, �"s-x-• h,;rtr.-', �-.�x, U� ;xsr`�, -.k c_ c--- t.-•s. .n'a's v'.•-n:�_a.-c - -'—`- - r=a-gc�ss•,ai�s.."iec•---�_--�=---------'r==--�_.':. _. .:tea-•_ -Z:c_ - � - .>. ee _ ::Yc> r� r _L�- --ictkrxm"�:�-a. ✓+ _ y..ti_..-.. ri,:a`..d -.2.'*i'.•�st• -'.�`- cs:5.- mow,..:. ,+�5•,.-�� - - - mac. •_t» � �'-.-. -......«_. .r 1.. +... �..c._...� .-.-^`• - '� Wc' r - - -. - - -y.Y.r-;Yr\+..3 -'�4C... �i.. u. �..,�., s su,,, �-9s-'.w...l:py, dr� � �•+..:...'"t 'ti'G sti✓+-- ai S xr c s,+,. .� - _. -. -�� .�,...��,r +~:.'�•s��, �`Gs.�_ �' a a � � _S�ja T. ` --.+.wt..--i�.. a�_5 48A fae tube c„K,nirrPd Monday Tune-28, 1993 -ulus reasons for the Appeal . to besubmittedaMonday, June 28, 1993 perms Ci y Attorney'sOffice vu css r i (ate , 3 3.•x t r'. -� a `t- E+ k •• +7 t=- REGARDING: conditional. Use. Permit- 92. Set fob#PW mac- Heari ng 7/19143 Copy-of�Appeal -Letter attached-. LEGAL NOTICE AND A.R. MAILING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE- 1�` DAYS PRIOR TO= THE- PUBLIC HEARING. DATE = - Connie Brockwa r �. City Clerk' . - _ REQUEST FOR CITY COUNCIL ACTION Date August 2, 1993 Submitted to: Honorable Mayor and City Council Members .Submitted by: Michael T. Uberuaga, City Admi or Prepared by: Michael Adams, Director of Community Develop Subject: APPEAL OF PLANNING COMMISSION'S DENIAL OF USE PERMIT NO. 92-65 Consistent with Council Policy? [4 Yes ( ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments 6P4-d STATEMENT OF ISSUE: Transmitted for your consideration is an appeal of the Planning Commission's Denial of Use Permit No. 92-65, a request to establish outdoor dining at Niccole's Ristorante, located at 520 Main Street. RECOMMENDATION: Staff Recommendation. Motion to: "Overturn the Planning Commission's action and approve Use Permit No. 92-65 with findings and conditions of approval " (see Attachment no. 4). Planning Commission and Recommendation: (see Attachment no. 5): PLANNING COMMISSION ACTION ON JUNE 15, 1993: THE MOTION MADE BY BIDDLE, SECONDED BY COOK,TO OVERTURN THE ZONING ADMINISTRATOR'S APPROVAL AND DENY USE PERMIT NO. 92-65 WITH FINDINGS CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: COOK,BIDDLE,DETTLOFF,GORMAN NOES: RICHARDSON,BOURGUIGNON ABSTAIN: NONE ABSENT: INGLEE ANALYSIS: Background On March 31, 1993, the Zoning Administrator conditionally approved Use Permit No. 92-65, a request to establish outdoor dining at Niccole's Ristorante at 520 Main Street. The Zoning PIO 5/85 Administrator's action included specific locations and numbers of tables/seats, addressing concerns of area residents regarding noise and pedestrian access. The approved site plan depicted a maximum of ten(10)tables,with four chairs per table (see Attachment no. 6). The tables were prohibited to be located near building exits and street furniture, including light fixtures, tree wells,traffic signals and devices to allow adequate access for pedestrians. The tables were also restricted to be located within fifty (50) feet of the residential property located to the east. The outdoor dining request was approved with a condition that the restaurant's entire second floor be closed during lunch; and that an equivalent number of tables/chairs be closed on the second floor during dinner hours to address any potential parking impact. The applicant concurred with specific hours of operation between 7:00 a.m.-10:00 p.m., and all conditions of approval imposed by the Zoning Administrator. The Zoning Administrator's action also required the outdoor dining operation be reviewed after six month for compliance with the conditions of approval and code requirements. Following the Zoning Administrator's action, Planning Commissioner Gary Gorman appealed Use Permit No. 92-65, citing that the proposed outdoor dining use was incompatible with the adjacent residences and that the tables/chairs would obstruct pedestrian access along the sidewalk. The Commission further stated that public right-of-way should not be used for private gain. Planning Commission Meetings Following an initial Planning Commission public hearing,the Planning Commission directed staff to meet with the applicant, representatives of the residential property owners, and Commissioners to discuss feasible alternatives. The meeting resulted in a compromise to allow the outdoor dining on a trial basis, with a 60 day review. There was an agreement to cease the operation by 9:30 p.m., which included the removal of all tables and chairs by 9:30 p.m. In addition, all food service would occur through the front door, and the rear door(solid)would remain closed during business hours. Following the staff meeting,the Planning Commission overturned the Zoning Administrator's approval and denied Use Permit No. 92-65 with findings (see Attachment No. 5). The Commission found that the proposed outdoor dining use would impact pedestrian access on the public sidewalk and the flow of traffic. Reasons for Appeal The applicant's appeal of the Planning Commission's action was based on reasons involving a fair treatment. He explains in his appeal letter(see Attachment no. 3),that other downtown restaurants currently operate outdoor dining in the public right-of-way, and that he and the neighbors had reached a compromise on the numbers and location of tables, as well as hours of operation. Staff supports the Zoning Administrator's action to approve the request for outdoor dining. Staff believes that with the suggested conditions of approval, the use would not impact the surrounding residential properties, nor would it impede pedestrian access on the sidewalk. Staff further believes that closing off an equivalent number of tables/chairs on the second floor would alleviate any potential parking impact to the surrounding properties. During the processing of the Use Permit application, there was a request to include Suzanne's Main Street Cafe with Niccole's Ristorante. It was determined, however, that Main Street Cafe would be required to submit a separate application to the City. Environmental Status This project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. FUNDING SOURCE: Not Applicable. ALTERNATIVE ACTION: The City Council may make the following motion: A. "Continue Use Permit No. 92-65 and direct staff accordingly." ATTACHMENTS: 1. Area Map 2 Site plan with seating layout dated May 25, 1993 3. Appeal letter from applicant dated July 2, 1993 4. Findings and Conditions of Approval (Staff recommendation) 5. Planning Commission Action Letter(Findings for Denial) 6. Planning Commission Staff Report dated June 15, 1993 PLANNING SECTIONAL DISTRICT MAP —�—� SCALE IN FEET CITY OF HUNTINGTON BEACH ORANGE COUNTS', CALIFORNIA USE OF PROPERTY MAPAREA MAP _ J ' �i l ADAMS AVE. V ll L_JL—.1 I_JL_J !_1L.J' LJ I_J y _ 1 11 _ --I __ i`A� ` y•-�O ��Na�Na[--�N- __ I I II AVE __ PORTLAND AVE - 1 I`�:::T:'. -- -- '_L. __ _— _- - •i aOnTLAND ,IAv I Z I � x In F E- THIRTEENTH AV OSwEGC -- AVE .i / I I Iiilo Do Ar A. I,I�; �i NASM IILE AVE ..o,� R. 'E!T'_ /\ M t E`_ C F R �` l i �_ _7PCYs _C9� 1 _____ - '- AVE EIE vENI \ diI PVE�I� __ •I�I'I'I'� — -=-N� __ —"__ _ __ _-_ I U`:C OLN AVE __ ^ �\�•r 'ct�-\' .� / / �.y -, � � �I� :I.I. '�'E. ___ I�I�I.'�'i' t---T �� r-�-y �� ,\•� - -�'' 'I'j' "I —O.VILLE- AVE. LLj AVE \ - JOLIET MM MM MUNCHED 'INDIANAPOLIS AVE. r \y \� \"•1 — =j.l II� � GGF--- I I I -�_- o vaL >E HARTFORD AVE.. _ cc NEVA 1 M ACACIA MM 8M M - - :r. AVE. �\' •�Q VOA.:-`� �F.. FRANHFORT ► 2 a - _= xsDUANE 'ELMIRA t'.T PECAN AVE F- I 'DETROIT AVE Uzi = Z ACHMENTN CHICALO -- V --- AVE. ={ ED 9 7• 2 -- BALTIMORE _ _ �}>'•®® _ BB' Cr/C L ,�//•) \:�\ 7� ;L ``yA .,j _-_ �MR. ___ __ �`"�'o a-_____ LW L�•b6, E. /• ,L? ATLANTA AVE `• 2-A- emennl , PLANNING ZONING DM 11 SECTIONAL DISTO?� T MAP 10-5-1 NOTE% aLL DIMEN.IDNS ARE- FEET r 7 ` OTOININ'G ANY IGMT Of Ily /'-:�:;::. - ADOPTED AUGUST IS, 1960 's EE NEO 0 EXTEND TO NE CENTER CITY F OF G - Df LEGEND CITY COUNCIL ORDINANCE NO. 785 0 LOR DENGITY RESIDENTIAL 06TNKT ZONE C2 CDMMUNIiY DUUNESS DISTRICT AMENDED CASE CRD.NO. AMENDED OflO.NO. R� COMMUNITT TALILITIES IEOUC ATIONI DISTRICT ICF�IF COMMUNITY FACIE1TIES(NECREA::O!l ��ST CT HUNTINGTON BEACH 9.6-61 20a FP2 WITHIN FL DISTRICT ZONE 10.7-63 363 1007 TNN FLOOD SORE-FP2 6-16-65 507 II56 8-13-84 84-5 2713 7-21-66 86-17 2854 n i) A n (' Ej COUNTY, O7 rNT` , CALIFORNIA _` TTFOR\ IA 117-83 FLOOD ZONE 2606 WESTMINSTER I AVE IK N '•- ` A N J+TIME_' GINGER LN • S � I � Q a ) a a` a o W. 5! - _ > -WEE WAT 2 l—pa avE - IK--o"E. Z 51 0 2 -"00, - i ANACAPA DR. CF-E RI - - ( - -NIIkH RI RI I RI a RIISl 1 0 3 o LL RI 1 fiRIARCLIFF OR 1 Ri - --- --' ,- =- - -- -R I - - -�— - ---- R.A A•( n rl1-- --� - MLEh WODO GLENW000 OH.� 6Ah'•EL AvE R < RI RI iRI I � RI } RI I R Ii�m "Uav�L-�'> - HARDWICK CR. i u ROYAL OAK DR. 'To �5 RI RI RI __ RI �? f A n IVORY CR � IARKSPUft C RI j CF-E CF-E ! RI A. AvE R' JADE CR (RI) (RN .......,...i VIKLVG D ( RI ; RI 1 KELSEY CR C F-R HARMONY CR RI RI _ I j I LARCHWOOD DR. LARCHWOOD DR Z RI z RI J I CORTEZ DR.3 I MAR VISTA DR. a RI z �2 m sHER"""D", RI RI RI g RI u RI RI RI �RI o d RI ff i _ io s O 1 �3 ---^V OF RUNTI.GTpN RT.CN 10 N y�ID_.,� AVE BOLSA - Cl- f • MAAN ICMEP • T 0 7FFF-1 S/G ArA LS — rl 2ND l.L'V�L Twos Ni coin( N l ccol�'s MAIN �tsToRAt1'C� S`> i" c, ATTACHME NT NO RECEIVED MAY 25 1993 DEPARTMENT OF COMMUNITYbEVELOPMENT ATIACHMEN I TRASH - ---'--- ��SUR� 10 A UXY 4A - -- r-,o - - - CL) -_-- -- - -- =Goa-ur- _-•- - - 1 -e- -- - 66- - - -- - --- -_ - - - O CAA- Cr z - - - - -its- � - - r\ T.1_1ha - 25 - -3 1 Fes. I 1 5 24 P _ Q 1 Ow n T rORNE v AFS CITY-1 RANT June 25 , 1993 Attention: Art FQ3ger I an appearing the denial of au'tsids seating at Niccole 's P2: te;-rants► Conditional use Permit 92-65, and I ar.► requesting the City Q J Tn01i. to act Qn thim matters 1 f 3C � gIICCOle . 'r I 1 HUNMNarON BLACH C ku"Nlt, 92648 714/960-8091 IIIIIIII!Iii11111111I1 VIIIIIIIIP,lltllllllll!'.nllllllll!I tIIIIIIIIIII III IIIIIIII{IIIIIIIIII!IIIII III III I!111111111p 11 it llllllllll;I III IIIPIL!III II III:1!IIII II III;I tl111II III II;i 111 11 111 ll!illi Illl Ulalll lluu;i;111111111II;IIIIIIIII'llllllllllll l;illlllllq!I1111111111!IIIIIIIII!Iailllllllll:!:1111111114EIIIIIIIP! 06-25-93 03'.32PN POI ATTACHMENT NO. 4 Staff Recommendation Findings for Approval-Use Permit No. 92-65: 1. The establishment, maintenance and operation of the outdoor dining in conjunction with an existing restaurant and trash enclosure will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions imposed,the outdoor dining use will not require any additional parking. The proposed trash enclosure will also improve the appearance of the building by both screening and securing the trash bin. Furthermore, the reduced hours of operation will reduce any noise impacts to area residents. b. Property and improvements in the vicinity of such use or building. The outdoor dining use will not impede access on public sidewalks. Furthermore, the outdoor dining and trash enclosure will hot impact vehicular traffic. 2. The granting of Use Permit No. 92-65 will not adversely affect the General Plan of the City of Huntington Beach. The proposed outdoor dining and trash enclosure is consistent with the goals and objectives of the Mixed Use Land Use Designation of the General Plan. Conditions of Approval-Use Permit No. 92-65: 1. The site plan and seating layout dated May 25, 1993 shall be the conceptually approved layout for Niccole's Ristorante and Main Street Cafe. 2. Outdoor dining shall not occur until the following items are completed: a. An encroachment permit shall be required per Public Works Department requirements. b. The applicant shall provide a Certificate of Insurance and Hold-Harmless agreement to be executed. C. Table locations and seating area plans shall be reviewed and approved by the Fire Department. Attachment No. 4 Staff Recommendations Findings and Conditions of Approval -Use Permit No. 92-65 Page 2 3. The outdoor dining use shall comply with the following: a. No alcohol shall be served outside the building. b. Hours of operation for the outdoor dining shall be between the hours of 10:00 AM and 9:30 PM. All tables, chairs and other appurtenances shall be completely removed from the sidewalk area by 9:30 PM. C. During outdoor dining use by Niccole's Ristorante, an equivalent number of tables/seats shall be closed on the second floor of Niccole's Ristorante. d. There shall be a minimum six(6) foot clearance between tables and curb/street furniture (tree wells, traffic signal devices, etc.) for public accessway. e. All tables shall be situated adjacent to the building. f. All food service and clean-up shall be through the front door. g. The back door(solid) shall remain closed during business hours; no trash shall be emptied after 9:30 PM. 4. All building spoils, such as unusable lumber, wire,pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5. A 60 day review shall be completed by the Planning Division to review compliance with the conditions and applicable City codes. Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 Date: June 18, 1993 NOTICE OF* ACTION Applicant: Michael Niccole, 520 Main Street, Huntington Beach, CA 92648 Subject : APPEAL OF ZONING ADMINISTRATOR' S APPROVAL OF USE PERMIT NO. 92-65 (CONTINUED WITH PUBLIC HEARING CLOSED FROM THE JUNE 1, 1993 PLANNING COMMISSION MEETING) Your application was acted upon by the Huntington Beach Planning Commission on June 15, 1993 and your request was : WITHDRAWN APPROVED XX thereby denying Use Permit No. 92-65 (see attached) APPROVED WITH CONDITIONS DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning 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 five hundred ($500) 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 June 25, 1993 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. ATTACHMENT N4 ., -J, • Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 June 18, 1993 Michael Niccole 520 Main Street Huntington Beach, CA 92648 SUBJECT: APPEAL OF ZONING ADMINISTRATOR' S APPROVAL OF USE PERMIT NO. 92-65 (CONTINUED FROM THE JUNE 1, 1993 PLANNING COMMISSION MEETING) LOCATION: 520-522 Main Street (Niccole' s Ristorante/Main Street Cafe) REQUEST: To permit the establishment of outdoor dining at Niccole ' s Ristorante and Main Street Cafe. DATE OF ACTION: June 15, 1993 FINDINGS FOR DENIAL - USE PERMIT NO. 92-65 : 1. The establishment, maintenance and operation of the proposed outdoor dining use will be detrimental to : a . The general welfare of persons residing or working in the 'vicinity. The outdoor dining will impact pedestrian access and the flow of traffic. b. Property and improvements in the vicinity of such use or building. The outdoor dining will impede access on the public sidewalk and will impact vehicular traffic. 2 . The granting of Use Permit No. 62-65 will adversely affect the General Plan of the City of Huntington Beach. The proposed outdoor dining and trash enclosure is not consistent with the goals and objectives of the Mixed Use Land Use Designation of the General Plan. i L Use Permit No. 92-65 (Appeal) Page Two I hereby certify that the appeal of Zoning Administrator ' s approval of Use Permit No. 92-65 was approved by the Planning Commission of the City of Huntington Beach on June 15, 1993 , thereby denying Use Permit No . 92-65 upon the foregoing findings . Sincerely, Mike Adams, Secretary Planni g Commission by: Scott Hess Senior Planner (7017d-1, 2) huntington beach department of community development STAff EpOR EXECUTIVE SiJNIlKARY JUNE 15, 1993 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-65 (CONTINUED FROM THE JUNE 1, 1993 PLANNING COMMISSION MEETING) (520-522 Main Street) As a result of a 3-3 vote at the June 1, 1993 Planning Commission meeting, Use Permit No. 92-65, a request to establish outdoor dining at Niccole' s Ristorante and Main Street Cafe was automatically continued to the June 15, 1993 Planning Commission meeting. At the June 1, 1993 meeting, the Commission discussed the suggested conditions of approval for the proposed outdoor dining use at Niccole' s Ristorante and Main Street Cafe. The Planning Commissioners requested their concerns regarding seating location and hours of outdoor dining use be addressed. The revised site plan and seating layout, and suggested conditions of approval reflect all comments and concerns brought up at the June 1, 1993 meeting. Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator' s approval of Use Permit No. 92-65 with findings and modified conditions of approval. s i i ATTACHMENT NO.Q, A-PI-FM-23D TO: Planning Commission FROM: Community Development DATE: June 15, 1993 SUBJECT: APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-65 (CONTINUED FROM THE JUNE 1, 1993 PLANNING COMMISSION MEETING) APPLICANT: Michael Niccole, 520 Main Street, Huntington Beach, CA 92648 APPELLANT: Gary Gorman, Planning Commissioner, City of Huntington Beach PROPERTY OWNER: Herta Backlund, 302 13th Street, Huntington Beach, CA 92648 LOCATION: 520-522 Main Street (Niccole' s Ristorante/Main Street Cafe) REQUEST: To permit the establishment of outdoor dining at Niccole' s Ristorante and Main Street Cafe. ZONE: Downtown Specific Plan, District 6-CZ GENERAL PLAN: Mixed Use EXISTING USE: Niccole' s Ristorante/Main Street Cafe 1. 0 SUGGESTED ACTION: Motion to: "Deny the appeal and approve Use Permit No. 92-65 with findings and suggested conditions of approval . " 2 . 0 GENERAL INFORMATION: As a result of a 3-3 vote at the June 1, 1993 Planning Commission meeting, Use Permit No. 92-65, a request to establish outdoor dining at Niccole' s Ristorante and Main Street Cafe was automatically continued to the June 15, 1993 Planning Commission meeting. At the June 1, 1993 meeting, the Commission discussed the suggested conditions of approval for the proposed outdoor dining use at Niccole' s Ristorante and Main Street Cafe. The Planning Commissioners requested their concerns regarding seating location and hours of outdoor dining use be addressed. The revised site plan and seating layout, and suggested condit`fons of approval reflect all comments and concerns brought up at the June 1, 1993 meeting. 3 . 0 RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator ' s approval of Use Permit No. 92-65 with the following findings and suggested conditions of approval . FINDINGS FOR APPROVAL-USE PERMIT NO 92-65 : 1. The establishment, maintenance and operation of the outdoor dining in conjunction with an existing restaurant and trash enclosure will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions imposed, the outdoor dining use will not require any additional parking. The proposed trash enclosure will also improve the appearance of the building by both screening and securing the trash bin. Furthermore, the reduced hours of operation will reduce any noise impacts to area residents . b. Property and improvements in the vicinity of such use or building. The outdoor dining use will not impede access on public sidewalks . Furthermore, the outdoor dining and trash enclosure will not impact vehicular traffic. 2 . The granting of Use Permit No. 92-65 will not adversely affect the General Plan of the City of Huntington Beach. The proposed outdoor dining and trash enclosure is consistent with the goals and objectives of the Mixed Use Land Use Designation of the General Plan. REVISED SUGGESTED CONDITIONS OF APPROVAL - USE PERMIT NO. 92-65: 1. The revised site plan and seating layout dated May 25, 1993 shall be the conceptually approved layout for Niccole' s Ristorante and Main Street Cafe. 2 . Outdoor dining shall not occur until the following items are completed: a. An encroachment permit shall be required per Public Works Department requirements . b. The applicant shall provide a Certificate of Insurance and Hold-Harmless agreement to be executed. c. Table locations and seating area plans shall be reviewed and approved by the Fire Department. a Staff Report - 6/15/93 -2- (6927d) 3 . The outdoor dining use shall comply with the following: a. No alcohol shall be served outside the building. b. Hours of operation for the outdoor dining shall be limited to the hours of 10 : 00 AM and 9 :30 PM except the tables adjacent to Main Street shall be limited to the hours of 7: 00 a.m. to 9 :30 p.m. All tables, chairs and other appurtenances shall not be placed on the sidewalk any earlier than 7:00 AM and shall be completely removed from the sidewalk area by 9 :30 PM. c. During outdoor dining use by Niccole' s Ristorante, an equivalent number tables/seats shall be closed on the second floor of Niccole' s Ristorante. d. There shall be a minimum six (6) foot clearance between tables and curb/street furniture (tree wells, traffic signal devices, etc. ) for public accessway. e. No tables and chairs shall be within 50 ' of the alley right of way. f . All tables shall be situated adjacent to the building. g. All food service and clean-up shall be through the front door. h. The back door (solid) shall remain closed during business hours; no trash shall be emptied after 9 :30 PM. 4 . All building spoils, such as unusable lumber, wire, pipe, .and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5 . A 60 day review shall be completed by the Planning Division and a public hearing held before the Planning Commission to review compliance with the conditions and applicable City codes . 6 . This application shall be subject to all subsequent City adopted regulations on outdoor dining. CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2 . The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3 . All applicable Public Works fees shall be paid. 4 . The Planning Commission reserves the right to revoke Use Permit No. 92-65 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. Staff Report - 6/15/93 -3- (6927d) • • 11. 0 ALTERNATIVE ACTION: , The Planning Commission may overturn the Zoning Adminstrator ' s approval by granting the appeal and denying the outdoor dining request with findings . ATTACHMENTS: 1. Revised Site Plan with seating layout dated May 25, 1993 2 . Planning Commission Staff Report dated June 1, 1993 3 . Alternative Findings for Denial SH:WC1 : ssss/ Staff Report - 6/15/93 -4- (6927d) huntington beach department of community development STAff REPORT EXECUTIVE SUMMARY JUNE 1, 1993 APPEAL OF ZONING ADMINISTRATOR' S APPROVAL OF USE PERMIT N0. 92-65 (CONTINUED FROM THE MAY 18, 1993 PLANNING COMMISSION MEETING) (520-522 Main Street) At the request of the Planning Commission, Use Permit No. 92-65 was continued from the May 18, 1993 Planning Commission meeting to allow staff to meet with the applicant and area residents to discuss concerns of the proposed outdoor dining at Niccole' s Ristorante. On Wednesday, May 19 , 1993, staff held a meeting in which Michael Niccole, applicant, Suzanne Beukema, owner of Main Street Cafe, Planning Commissioners Gary Gorman and Ken Bourguignon, surrounding residents and concerned citizens were present . The meeting resulted . in a proposal that both parties agreed_ to, which involves allowing outdoor dining for both restaurants (Niccole' s Ristorante and. Main Street Cafe) with reduced hours and a review in 60 days . The applicant agreed to cease operation and remove all tables and chairs by 9 :30 PM. The applicant also agreed to avoid opening the back door after 9 : 30 PM, which would require the applicant to store all trash inside the building until the next morning. All concerns addressed at the meeting have been incorporated in the revised suggested conditions . Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator ' s approval of Use Permit No. 92-65 with findings and suggested conditions of approval . 1 I ATTACHMENT NO.3_ TO: Planning Commission FROM: Community Development DATE: June 1, 1993 SUBJECT: APPEAL OF ZONING ADMINISTRATOR' S APPROVAL OF USE PERMIT NO. 92-65 (CONTINUED FROM THE MAY 18, 1993 PLANNING COMMISSION MEETING) APPLICANT: Michael Niccole, 520 Main Street, Huntington Beach, CA 92648 APPELLANT: Gary Gorman, Planning Commissioner, City of Huntington Beach PROPERTY OWNER: Herta Backlund, 302 13th Street, Huntington Beach, CA 92648 LOCATION: 520-522 Main Street (Niccole' s Ristorante/Main Street Cafe) REQUEST: To permit the establishment of outdoor dining at Niccole' s Ristorante and Main Street Cafe. ZONE: Downtown Specific Plan, District 6-CZ GENERAL PLAN: Mixed Use EXISTING USE: Niccole' s Ristorante/Main Street Cafe 1 . 0 SUGGESTED ACTION: Motion to : "Deny the appeal and approve Use Permit No. 92-65 with findings and suggested conditions of approval. " 2 . 0 GENERAL INFORMATION: At the request of the Commission, Use Permit No. 92-65 was continued from the May 18, 1993 Planning Commission meeting to allow staff to meet with the applicant and area residents to discuss concerns of the proposed outdoor dining at Niccole' s Ristorante. On Wednesday, May 19, 1993, staff held a meeting in which Michael Niccole, applicant, Suzanne Beukema, owner of Main Street Cafe, Planning Commissioners Gorman and Bourguignon surrounding residents and concerned citizens were present . The meeting resulted in a proposal that both parties agreed to, which involves , allowing outdoor dining for both restaurants (Niccole' s Ristorante and Main Street Cafe) with reduced hours and a review in 60 days . The applicant agreed to cease operation and remove all tables and chairs by 9 :30 PM. The applicant also agreed to avoid opening .the back door after 9 :30 PM, which would require the applicant to store all trash inside the building until the next morning . All concerns addressed at the meeting have been incorporated in the revised suggested conditions . 3 . 0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: North of Subject Property: GENERAL PLANIDESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Main Street Cafe East of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Office/Residential South of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Commercial Use West of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Library/Townhomes 4 . 0 ENVIRONMENTAL STATUS: This project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. 5 . 0 COASTAL STATUS: Non-appealable. 6 . 0 REDEVELOPMENT STATUS: The subject property is located within the Downtown Redevelopment Project area. The Department of Economic Development supports the proposed request as it is consistent with Main-Pier Redevelopment Plan. 7. 0 SPECIFIC PLAN: The subject property is located within the Downtown Specific Plan - District 6 . The proposed use is permitted with approval of a use permit . 8 . 0 SUBDIVISION COMMITTEE: Not applicable. 9 . 0 ISSUES AND ANALYSIS: On March 31, 1993 , the Zoning Administrator conditionally approved Use Permit No. 92-65, a request to establish outdoor dining at Niccole' s Ristorante, and install a six (6) foot high masonry trash enclosure at the rear of the restaurant. Staff Report - 6/l/93 -2- (6822d) On April 8, 1993, Use Permit No. 92-65 was appealed by Planning Commissioner Gary Gorman due to complaints by area residents and concerns regarding the outdoor dining. Mr. Gorman believes that the approved outdoor dining will result in noise impacts to the adjacent residences and may impact pedestrian access along the public sidewalk. The action by the Zoning Administrator included approval of specific locations and number of tables/seats; up to ten (10) tables with up to 40 seats . Following the meeting with the applicant and residents, it was determined that two (2) additional tables could be located outside the Main Street Cafe. As a result, 12 tables could be used by both businesses for breakfast, lunch and dinner . The primary concern of the residents revolved around noise from the restaurant. Staff believes that with the approved trash enclosure and reduced hours of operation, noise impacts to the residents will be minimal. The restaurant ' s staff will be required to remove all tables and chairs by 9 :30 PM. With this compromise and a 60 day staff review, staff believes all concerns can be addressed. 10 . 0 RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator ' s approval of Use Permit No. 92-65 with the following findings and suggested conditions of approval . FINDINGS FOR APPROVAL-USE PERMIT NO 92-65 : 1. The establishment, maintenance and operation of the outdoor dining in conjunction with an existing restaurant and trash enclosure will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions imposed, the outdoor dining use will not require any additional parking. The proposed trash enclosure will also improve the appearance of the building by both screening and securing the trash bin. Furthermore, the reduced hours of operation will reduce any noise impacts to area residents . b. Property and improvements in the vicinity of such use or building. The outdoor dining use will not impede access on public sidewalks . Furthermore, the outdoor dining and trash enclosure will not impact vehicular traffic. 2 . The granting of Use Permit No. 92-65 will not adversely affect the General Plan of the City of Huntington Beach. The proposed outdoor dining and trash enclosure is consistent with the goals and objectives of the Mixed Use Land Use Designation of the General Plan. Staff Report - 6/1/93 -3- (6822d) SUGGESTED CONDITIONS OF APPROVAL - USE PERMIT NO. 92-65 : 1. The site plan and seating layout dated May 25, 1993 shall be the conceptually approved layout for Niccole' s Ristorante and Main Street Cafe. 2 . Outdoor dining shall not occur until the following items are completed: a . An encroachment permit shall be required per Public Works Department requirements . b. The applicant shall provide a Certificate of Insurance and Hold-Harmless agreement to be executed. c. Table locations and seating area plans shall be reviewed and approved by the Fire Department. 3 . The outdoor dining use shall comply with the following: a. No alcohol shall be served outside the building. b. Hours of operation for the outdoor dining shall be between the hours of 10 : 00 AM and 9 :30 PM. All tables, chairs and other appurtenances shall be completely removed from the sidewalk area by 9 :30 PM. c. During outdoor dining use by Niccole' s Ristorante, an equivalent number tables/seats shall be closed on the second floor of Niccole' s Ristorante. d. There shall be a minimum six (6) foot clearance between tables and curb/street furniture (tree wells, traffic signal devices, etc. ) for public accessway. e. All tables shall be situated adjacent to the building. f. All food service and clean-up shall be through the front door. g . The back door (solid) shall remain closed during business hours; no trash shall be emptied after 9 :30 PM. 4 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 5. A 60 day review shall be completed by the Planning Division to review compliance with the conditions and applicable City codes . CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . Staff Report - 6/l/93 -4- (6822d) 2 . The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards . 3 . All applicable Public Works fees shall be paid. 4 . The Planning Commission reserves the right to revoke Use Permit No . 92-65 if any violation of these conditions or the Huntington Beach Ordinance Code occurs . 11 . 0 ALTERNATIVE ACTION: The Planning Commission may overturn the Zoning Administrator ' s approval by granting the appeal and denying the outdoor dining request. ATTACHMENTS: 1. Revised Site Plan with seating layout dated May 25, 1993 2 . Planning Commission Staff Report dated May 18, 1993 SH WC:kj l Staff Report - 6/l/93 -5- (6822d) • MAN CMEIF-T • 0 S/GArALS El _ 0 TIzAsN 2Nn LGV�L OALCONY N►ccou's MAIN �isToFzNJT� S` 'T� A�:E S IG►JA�, GO►J-I"ROI. Do 2ND LkVt:L RECEIVED MAY 2 5 1993 ° DEPARTMENT OF COMMUNITY DEVELOPMENT TRASH ATTACHMENT NO. �NCt.�SUR� � vnin. 5-b 10 huntington beach department of community development STAff REPORT TO: Planning Commission FROM: Community Development DATE: May 18, 1993 SUBJECT: APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-65 (CONTINUED FROM THE MAY 4, 1993 PLANNING COMMISSION MEETING) APPLICANT: Michael Niccole, 520 Main Street, Huntington Beach, CA 92648 APPELLANT: Gary Gorman, Planning Commissioner, City of Huntington Beach PROPERTY OWNER: Herta Backlund, 302 13th Street, Huntington Beach, CA 92648 LOCATION: 520 Main Street (Niccole' s Ristorante) REOUEST: To permit the establishment of outdoor dining along a portion of the public sidewalk. ZONE: Downtown Specific Plan, District 6-CZ GENERAL PLAN: Mixed Use EXISTING USE: Niccole' s Ristorante 1 . 0 SUGGESTED ACTION: Motion to: "Continue Use Permit No. 92-65 to the June 1, 1993 Planning Commission meeting. " 2_.0 GENERAL INFORMATION: Use Permit No. 92-65 was continued from the May 4, 1993 Planning Commission meeting to allow staff the opportunity to meet with the applicant and residents to discuss the issues brought up at the hearing. Staff has attempted to schedule a meeting but has been unsuccessful up to the date of preparation of this report. It is anticipated that a meeting will occur during the week of May 17-21, 1993.. Therefore, staff recommends continuance for a two (2) week period. i i i ATTACHMENT NO. 2,a-. 0 3 . 0 RECOMMENDATION: Staff recommends that the Planning Commission continue Use Permit No. 92-65 to the June 1, 1993 Planning Commission meeting. ATTACHMENTS: 1. Planning Commission Staff Report dated May 4, 1993 SH:�WCC:kjj l Staff Report - 5/18/93 -2- (6722d) ATTACHMENT NO. � huntington beach department of community development STAff -REPORT EXECUTIVE SUNIIKARY May 4 , 1993 APPEAL OF ZONING ADMINISTRATOR'S APPROVAL OF USE PERMIT NO. 92-65 (520 Main Street - Niccole' s Ristorante) Use Permit No. 92-65 was conditionally approved by the Zoning Administrator on March 31, 1993 permitting the establishment of outdoor dining at the Niccole' s Ristorante at 520 Main Street. On April 8, 1993, Use Permit No. 92-65 was appealed by Planning Commissioner Gary Gorman due to complaints by area residents and concerns regarding the outdoor dining. Mr. Gorman believes that the approved outdoor dining will result in noise impacts to the adjacent residences and may impact pedestrian access along the public sidewalk. Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator ' s approval of Use Permit No. 92-65 with findings and suggested conditions of approval . P A-PL ATTACHMENT NO. TO: Planning Commission FROM: Community Development DATE: May 4 , 1993 SUBJECT: APPEAL OF ZONING ADMINISTRATOR' S APPROVAL OF USE PERMIT NO. 92-65 APPLICANT: Michael Niccole 520 Main Street Huntington Beach, CA 92648 APPELLANT: Gary Gorman, Planning Commissioner City of Huntington Beach PROPERTY OWNER: Herta Backlund 302 13th Street Huntington Beach, CA 92648 LOCATION: 520 Main Street (Niccole' s Ristorante) REOUEST: To permit the establishment of outdoor dining along a portion of the public sidewalk. ZONE: Downtown Specific Plan, District 6-CZ GENERAL PLAN: Mixed Use EXISTING USE: Niccole' s Ristorante 1. 0 SUGGESTED ACTION: Motion to: "Deny the appeal and approve Use Permit No. 92-65 with findings and suggested conditions of approval . " 2 . 0 GENERAL INFORMATION: Use Permit No. 92-65 was conditionally approved by the Zoning Administrator on March 31, 1993 permitting the establishment of outdoor dining at the Niccole' s Ristorante at 520 Main Street. In addition, the Zoning Administrator approved a six (6) foot high masonry trash enclosure at the rear of the building. On April 8, 1993, Use Permit No. 92-65 was appealed by Planning Commissioner Gary Gorman due to complaints by area residents and concerns regarding the outdoor dining. Commissioner Gorman believes the approved outdoor dining will result in noise impacts to the adjacent residences and may impact pedestrian access along the public sidewalk. ATTACHMENT NO. 3. 0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: North of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Main Street Cafe East of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Office/Residential South of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Commercial Use West of Subject Property: GENERAL PLAN DESIGNATION: Mixed Use ZONE: Downtown Specific Plan - District 6 LAND USE: Library/Townhomes 4 .0 ENVIRONMENTAL STATUS: This project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. 5. 0 COASTAL STATUS: Non-appealable. 6 . 0 REDEVELOPMENT STATUS: The subject property is located within the Downtown Redevelopment Project area. The Department of Economic Development supports the proposed request as it is consistent with Main-Pier Redevelopment Plan. 7. 0 SPECIFIC PLAN: The subject property is located within the Downtown Specific Plan - District 6 . The proposed use is permitted with approval of a use permit . 8 . 0 SUBDIVISION COMMITTEE: Not applicable. 9 . 0 ISSUES AND ANALYSIS: The applicant' s request approved by the Zoning Administrator included specific locations and number of tables/seats; up to ten tables with up to 40 seats (see Attachment No. 1) . The approved site plan prohibited tables to be located near building exits or street furniture including light fixtures, tree wells, traffic signals and devices . The proposed layout was also modified at the meeting to address the concerns of the adjacent residents . Staff Report - 5/4/93 -2- . (6615d) ATTACHMENT NO. The proposed outdoor dining was prohibited to be located within 20 feet of the alley following discussion between the residents and Zoning Administrator. The Zoning Administrator indicated that the additional setback from the alley and residential property would alleviate any noise impact to the residents. Furthermore, the tables were required to be located along the building to provide adequate space for pedestrians to walk along the sidewalk. The outdoor dining was approved with the condition that the restaurant ' s entire upper story- be closed during lunch. The outdoor dining was also permitted for dinner with the requirement that an equivalent number of tables/seats be closed on the second floor. These conditions addressed any potential parking impact as a result of the outdoor dining . The Zoning Administrator also required a six (6) month review to assure compliance with all conditions of approval . Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator ' s approval of Use Permit No. 92-65 with findings and suggested conditions of approval . 10.0 RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator ' s approval of Use Permit No. 92-65 with the following findings and suggested conditions of approval . FINDINGS FOR APPROVAL-USE PERMIT NO 92-65 : 1. The establishment, maintenance and operation of the outdoor dining and trash enclosure will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions imposed, the outdoor dining use will not require any additional parking. The trash enclosure will also improve the rear portion of the building by both screening and securing the trash bin. b. Property and improvements in the vicinity of such use or building . The outdoor dining use will not impede access on public sidewalks . Furthermore, the outdoor dining and trash enclosure will not impact vehicular traffic. 2 . The granting of Use Permit No. 92-65 will not adversely affect the General Plan of the City of Huntington Beach. The proposed outdoor dining and trash enclosure is consistent with the goals and objectives of the Mixed Use Land Use Designation of the General Plan. Staff Report - 5/4/93 -3- (6615d) ATTACHMENT NO. r SUGGESTED CONDITIONS OF APPROVAL - USE PERMIT NO, 92-65: 1. The site plan, floor plans, and elevations received and dated October 29, 1992 shall be the conceptually approved layout with the following modifications : a. Tables shall be depicted at the specific locations approved by the Zoning Administrator (up to 10 tables/40 seats) . b. The trash enclosure shall maintain minimum rear yard setback of three feet (3 ' ) from the ultimate right-of-way. c. The trash enclosure shall comply with the ten (10) foot site angle requirement pursuant to Section 4 .2. 13(e) of the Downtown Specific Plan. 2 . Prior to issuance of building permits, the following shall be completed: a. A revised site plan shall be submitted for the file depicting the modifications described above. b. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. c. All applicable Public Works fees shall be paid. 3 . Outdoor dining shall not occur until the following items are completed: a. An encroachment permit shall be required per Public Works Department requirements . b. The applicant shall provide a Certificate of Insurance and Hold-Harmless agreement to be executed. c. Table locations and seating area plans shall be reviewed and approved by the Fire Department. 4 . The outdoor dining use shall comply with the following: a. No alcohol shall be served outside the building. b. Outdoor dining shall be limited to between 10:00 AM to 10 : 00 PM. c. The second floor shall be closed during lunch (10:00 AM -3 : 00 PM) . d. During outdoor dining use after 3 : 00 p.m. , an equivalent number tables/seats shall be closed on the second floor . e. All chairs shall be removed daily. Staff Report - 5/4/93 -4- (6615d) ATTACHMENT N0. -.2..ti 5 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 6 . A six (6) month review shall be completed by the Planning Division. A public hearing shall be held to review compliance with the conditions and applicable City codes . CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . 2 . The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards . 3 . The Planning Commission reserves the right to revoke Use Permit No. 92-65 if any violation of these conditions or the Huntington Beach Ordinance Code occurs . 11. 0 ALTERNATIVE ACTION: The Planning Commission may overturn the Zoning Administrator ' s approval by granting the appeal and denying the outdoor dining request. ATTACHMENTS: 1. Site plan with seating layout dated October 29, 1992 . 2 . Appeal letter dated April 8, 1993 . 3 . Minutes of the March 31, 1993 Zoning Administrator meeting. SH:WC: ss Staff Report - 5/4/93 -5- (6615d) ATTACHMENT N0. 2 4 ��_ r�wlN -steer CUPP HE H� — �[{y� �N< to \ ��i� voaLWAY a -StWG�T It l h te`V4M PANtFR 6�f Cp �),� � opt LeWL-- '-TtZbS O tN1TNR�' ® i Nlu•06E15 RIyIURPNTE. 2`x4'-P;ERMANBMLK n MOoNf>r0 COSh 5 V MtGINr BUtc�(tW(sWINz�DOVVN) O Osnanerl _ SvaaDa, � �• ', 1 _ . �_ .•._. P _�� Y� ,� uP �t: Itifl,Fv�'I-�g6s�Kr 9 ZhY�(FV6L H�Rt fir. to _CONCEPTUAL SITE THIS REPRESENTSA•CONCEPTU PL IT IS NOTA PREfISE SITE P N APPR LAND DOES NOT NECES3ARLY R T CONFORMANCE . �K , °oORWAT TOALLORDINANCE•CO E AR€�S 1 oKA \ 7.00 fit. EAuoNY ONINGADMI I�LSTR "T14-v- T r- AREAS) \ IyCflml2 ��{•QQl1�-� w a Sy .� � - l;ItcNE�1 �`z4`� .--' NIGC�\I.E`5 7i�10RpNf�.-5z0(•'1nir1� �;, � GWNER' HL'RTP BKKuMlO 30z.-13tN�'• NB�J'zb9$ Ci�'1�53b•b3'�7 `F�Frct1�-`1 ReAePN1RY h�dT 'vR.M141ptl,N�ccoL�-(�IV�9tA90`11 p�pQp�p �F�� t-Ot5 ts,zp-e�orx_so•I-Naip nc-T- � �e'I.�e 1 .-;- rr WE5(6a.1*!r (5f AUfi ATTACHMENT NO. _ J CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Mike Adams Director of Community Development FROM: Gary Gorman k Planning Commissioner ; TSUBJECT: USE PERMIT NO. 92-65 - DATE: April 8, 1993 On March 31, 1993 the Zoning Administrator approved Use Permit No. 92-65 to permit the establishment of outdoor dining for Niccole' s Ristorante and add a six foot (6 ' ) high masonry trash enclosure. I am hereby appealing the Zoning Administrator' s action due to complaints from area residents and concerns regarding the outdoor dining (i .e. potential noise from the use and impacts to pedestrian access along the public sidewalks) . GG:SH: lp (6460d) APR 0 81993 r�l;,i0.,., eNL ATTACHMENT NO. 7-k.._ ITEM 2: USE PERMIT NO, 92-65 Applicant: Michael Niccole 520 Main Street Huntington Beach, CA 92648 Request: To permit the establishment of outdoor dining for Niccole' s Ristorante and a six foot (6 ' ) high masonry trash enclosure at the rear pursuant to Section 9771 of the Huntington Beach Ordinance Code. Location: 520 Main Street Wayne Carvalho, Staff Planner, reported that the request was continued from the March 24, 1993 Zoning Administrator Meeting . Staff advised that he had worked with the applicant and determined that ten tables with up to forty seats would be sufficient for outdoor dining. Staff recommended that the seating be setback from the alley to mitigate noise and that the second floor dining room be closed during the lunch hour, and that an equal amount of seats be closed during the evening hours when outdoor seating is available. Staff concluded by recommending approval with findings and suggested conditions of approval . THE PUBLIC HEARING WAS RE-OPENED. Thom Jacobs, representing the applicant, was present. He said he had met with staff at the site and was in full agreement with the proposed conditions of approval. Guz Zisakis, 611 6th Street, was present. He advised that the noise level is unacceptable and parking is a problem for the tenants of the apartment building he manages on 6th Street. He said that the outdoor seating could make the problem worse. Jo Christain Craig, 529 Lake Street, was present and disagreed with allowing outdoor dining until 10 : 00 PM due to noise. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 92-65 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL-USE PERMIT NO 92-65: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions imposed, the outdoor dining use will not require any additional parking. The trash enclosure will also improve the rear portion of the building by both screening and securing the trash bin. zA Minutes - 3i31'93 -2- ATTACHMENT NO. ( -' b. Property and improvements in the vicinity of such use or building . The outdoor dining use will not impede access on public sidewalks . Furthermore, the outdoor dining and trash enclosure will not impact vehicular traffic. 2. The granting of Use Permit No. 92-65 will not adversely affect the General Plan of the City of Huntington Beach. The proposed outdoor dining and trash enclosure is consistent with the goals and objectives of the Mixed Use Land Use Designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 29, 1992 shall be the conceptually approved layout with the following modifications : a. Tables shall be depicted at the specific locations approved by the Zoning Administrator. b. The trash enclosure shall maintain minimum rear setback of three feet (3 ' ) from the ultimate right-of-way. c. The trash enclosure shall comply with the ten (10) foot site angle requirement pursuant to Section 4 .2. 13(e) of the Downtown Specific Plan. 2 . A revised site plan shall be submitted depicting the modifications described above. 3 . The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan - check process . Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes . The Zoning Administrator reserves the right to � . require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 4 . Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 5. All applicable Public Works fees shall be paid prior to issuance of building permits . 6 . An encroachment permit shall be required for the outdoor dining per Public Works Department requirements . 7. The applicant shall provide a Certificate of Insurance and Hold-Harmless agreement to be executed prior to the outdoor dining use. 8 . All chairs shall be removed daily. ZA - -3- ATTACHMENT Minutes 3/31/93 3 ATTACHMENT NO, 2 , - 9 . Outdoor dining shall cease at 10:00- p.m. 10. No alcohol shall be served outside the building. 11. Table locations and seating area plans .shall be reviewed and approved by the Fire Department . 12 . The second floor shall be closed during lunch. 13 . During outdoor dining use after 3 : 00 p.m. , an equivalent number tables/seats shall be closed on the second floor. 14 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 15 .. A six (6) month review shall be completed by the Planning Division. A public hearing shall be held to review compliance with the conditions and applicable City codes . INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . 2 . The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards_. 3 . The Zoning Administrator reserves the right to revoke Use Permit No. 92-65 if any violation of these conditions or the Huntington Beach Ordinance Code occurs . ITEM 3: USE PERMIT NO, 93-11 Applicant: McWinney. Berries P. O. Box 4423 Huntington Beach, CA 92605 Request: To permit a strawberry stand through June 30, 1993 pursuant to Section 9730. 64 of the Huntington Beach Ordinance Code. Location: 5141 Warner Ave. Wayne Carvalho, reported that the request is to permit a strawberry stand through June 30, 1993 . Staff �i'ndicated that the•:,,site plan depicts on-site parking with access off of Roosevelt. Staff concluded by recommending approval with findings and suggested conditions of approval . THE PUBLIC HEARING WAS OPENED. ZA Minutes - 3/31/93 -4- ATTAC.HMENT N0. _v-_ 3) ATTACHMENT NO, 3 ALTERNATIVE FINDINGS FOR DENIAL USE PERMIT NO, 92-5 FINDINGS FOR DENIAL - USE PERMIT NO, 92-65 : 1. The establishment, maintenance and operation of the proposed outdoor dining use will be detrimental to: a. The general welfare of persons residing or working in the vicinity. The outdoor dining will impact pedestrian access and the flow of traffic. b. Property and improvements in the vicinity of such use or building. The outdoor dining will impede access on the public sidewalk and will impact vehicular traffic. 2 . The granting of Use Permit No. 62-65 will adversely affect the General Plan of the City of Huntington Beach. The proposed outdoor dining and trash enclosure is not consistent with the goals and objectives of the Mixed Use Land Use Designation of the General Plan. (6927d-5) ATTACHMENT NO. -25 "1, lRi pp fi I clerk Connie Brockway,city Beach +q�'. 9:� city of HuntingtonClerk a `r a Office of the city �... p 0,Box 190 Huntington Beach,cA 9264a 024-133-29 Corp Mo]. Dmen evr-& _ 4 G99-J ainbor— P t Beacli�Q 92660 NeWPd mNGTON�. FOFi`►.�',:t�.:.C�'; : -�:rz,a`7y IlL OUN e f a HUNTINGTON BEACH/FOUNTAIN VALLEY 11depe.-nde.nt Dear Advertiser: Enclosed please find clipping of your ad from the first publication. If you need to 'make any- changes or corrections, please call me at your earliest convenience. n� The cost of this publication will be $ v Thanks for your cooperation and patronage. Sincerely, udy ettinq Manager Legal Advertising Manage: f J30 W. a3y Skeet Costa Mesa. CA 92627 (714) 642.4321 1 _ ' -`Y�UB.LLC UTICE, 1*C 11 PUBLIC:,HEARING ° -APPEALTHE +�'PdMINING ; 'COMMISSION=- D AL'�OFOUSE` PERM,I�T'NO 9em63 j(NMorMi RIS,TrO TO' OU�TOPM DINING) NOTICE:J§ ---- GIu�ENtliakthe.Huntingfon- Be'sY. Crty Councii• will holdka�.pubNcheannj n=the C,o`unciL<.Chamtier.at.aAl Huntington;-_BbgghF Civic Centex, 2000;Main;;Street, Huntington'Beach, Califor. nix, on:they date tanl at thel time4pdicated Below tore-' ceive:,,a co and , nsider the statements of-.all persons who wish to be;heard rela- tive..to,t.q.application As- scribed`belowc 'DATE(fIME:.Monde , Au- �."ust 2 1993„7 00T g APPLICATION NUMBER: Appeal of the Planning: Commission Vernal of Use PermiG o.92;fi9� SAPLICANT%A PPELLAN7r? tM heel NI C...a,� _- LOC_ATLON_-520,.;Main Streei ZONE Downtown Specii`c(ic Plane D,istnct-6'- Coastal' ..one.- E. EST Tox permit the men establisht -of outdoor di nni g au Niccole's. Rls=• Corante ENVIRONMENTAL SETA= TiUS: Categorically exempt Q�suant'to'Section 15301 C>I a S951 "ot:'thV`California" Environmental o ality;Arc"1 .. t}C�OSTAL STATUS NOn Eappealable If NI"FILE; A;copr.of the P�opose&.request is=on file: im:tA& City Clerk's=Office, 2000Main-Street, Huntin,g- toln.-Beach,, •-California 92648 for. inspection by fhe.public. A copy of the staff-rep6jrV will be available fo;interested pa-iesiat City HaII or..the_-AAain:City.Li= braryt (7s111 .Talbert y Av- enue)'.-after July-30 11991' ALLY-INTERESITED3 P.ER SONS are Wited to,attend. said heanng'and express 601nionsdor_ sabmit+pto,the City-.Cleri;written iyidence- for oP?against the:applica tion:,,s (outlined above. If there are>any-aurther-quasi tioiis-' please- caiV_Wayne Canraltio;rAsslsianv Planner at53&52.71s' Connie Brockway, City- Clerk, Hunfington Beach.3�City Council, 2000 MainrSt►eet;Hun- ting'#;on lr CA 9284t3'(a714)'S36=627 Published` •Huntington Beach=Fountain Valley In- dependent :Jyiy 22, 29, 1993• T 07Q 837i