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HomeMy WebLinkAboutAppeal CUP 93-16/CDP 93-9A/CE 93-21 Frank Alfonso Proposed CHARLES W. GARDINER 2540 HUNTINGTON DRIVE, SUITE 200 SAN MARINO, CALIFORNIA 91108-2694 TELEPHONE 283-7531 March 31, 1994 Ms. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Brockway: Your notice of the City Council Meeting for April 4, 1994, addressed to Robert F. Gardiner, deceased, went to his former address at 805 South Mountain Avenue, Phoenix, Arizona. This Huntington Beach property on Pacific Coast Highway and also on Ocean is now in the Estate of Robert F. Gardiner. Kindly change your records as follows: Charles W. Gardiner, Administrator 2540 Huntington Drive, #200 San Marino, CA 91108 Thank you for your attention to this matter. Sincer , Charles W. Gardiner Chairman & Chief Executive CWG.jr � o� 40 024 146 09 1 0� • 024 147 05 2 • i 024 147 08 3 Blanche A Wood William G Gallegos d k Huntington Beach Redevelopment 201 5th St 210 5th St I 2000 Main St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 0 -- - ----- --------- - - -- - 024147 09 4 024147 23 5 024147 25 6 Mazzotti Pauline M Cooper ! Richard A Harlow 0 K Clyde Joseph1� 6 K 19051 Holly St#II Po Box 723 j 111 10th St Huntington Beach CA 92648 p�e Huntington Beach CA 92648 Huntington Beach CA 92648 024 147 26 7 P 024 147 27 8 '4 P i 024 147 28 9 O�� Thomas A Caverly ! Thomas A Caverly N uT IN Marjorie Decker 553 Temple Hills Dr "off 553 Temple Hills Dr 600 k 8877 Lauderdale Ct Laguna Beach CA 92651 %00-�e, Laguna Beach CA 92651 Huntington Beach CA 92646 024147 29 10 024147 30 11 024147 33 12 Huntington Beach Redevelopment William G Gallegos I Redevelopment Agency Of The Ci 2000 Main St 210 5th St 6 K 2000 Main St Huntington Beach CA 92648 alb i Huntington Beach CA 92648 1 Huntington Beach CA 92648 --= --- - - --- ------------� 024147 37 13 024 147 38 14 I 024 152 05 15 Gary Hatch U K Yentil-Bin- Ha &6k r y Huntington Beach Redevelopment 2980 Inca Dr I 209 f�IC1$© I nL a Or 2000 Main St Lake Havasu City AZ 86403 I I4uEing f Huntington Beach CA 92648 a 024 152 10 M 16 TR a '� 02415211 17 02415212 18 S tor-W-&-Ba*bare-F Cracchiolo I Blanche A Wood Blanche A Wood 669.1-Slke-C-ir- 19 7I 2 Qute+60 yLhi 2015th St 2015th St OK Huntington Beach CA 92648 1 Huntington Beach CA 92648 Huntington Beach CA 92648 . 02415214 19 1 024 153 01 20 024 153 02 21 Huntington Beach Redevelopment Redevelopment Agency Of City O Redevelopment Agency Of City Of 2000 Main St K 2000 Main St 2000 Main St WS Huntington Beach CA 92648 Huntington Beach CA 92648 ® K Huntington Beach CA 92648 , 024153 03 22 024153 04 23 024153 05 24 Redevelopment Agency Of City Or HB Victoria Jean Lane G K Ann L Mase G 2000 Main St 637 Frankfort Ave 123 Main St Huntington Beach CA 92648 Huntington Beach CA 92648' Huntington Beach CA 92648 ya AWetmvt�`,/YI Y,e- 024153 07 25 024153 08 26 024153 10 27 Gary V Mulligan Abdelmuti Development Company Redevelopment Agency City Of Ha 504 Main St#A 3a.Vlain St 2000 Main St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 02415311 28 02415312 29 02415313 30 Eldon Willard Bagstad i eve op Abdelmuti Development Company 901 Catalina Ave K 44+�g CHuntington �viain St Seal Beach CA 90740 Beach CA 92648 - 14 .A bole) mvti: M ; hZ Red°vv2(&Prnehf �.Oc�O�aiY1 S'� I 02415314 31 02415315 32 02415316 33 bdelmuti Development Company 4b�lmuti Development Company Redevelopment Agency Of City Or H IISMain St 113 Main St 2000 Main St Huntington Beach CA 92648 Huntington Beach CA 92648 i Huntington Beach CA 92648 I 02415317 34 02415318 35 I 02415319 36 George E Draper 0-1< Frank Alfonso 0 bdelmuti Development Company 121 Main St 6630 Vickiview Dr ("'Altington.Beach 13Main St Huntington Beach CA 92648 Canoga Park CA 91307 CA 92648 024 153 20 37 024 154 01 38 I 024154 02 39 Abdelmuti Development Company Adel Mustafa Zeidaq._U,y1-t 4 K3 Blanche A Wood 4 K Nor k hl llMain St 200 Pacific Coast Hwy 201 5th St "Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 024 154 03 40ena , 02415404 41 024 154 17 42 California Resort Internati California Resort International e 222 5th St 222 5th St i 260 1✓n some 4S Huntington Beach CA 92648 Huntington Beach CA 92648 San Ma2in�4 b«1t i 937 192 32 43 j 937 192 33 44 i Gaas4u Gomm ig5ton Redevelopment Agency City Of HL Robert J Koury i 2OS W. Sroadwa y 38d Po Box 190 1 Po Box 65176 Huntington Beach CA 92648 Los Angeles CA 90065 0 2.4 ,6-4 17 1-12 j Suite. 6U1 -5 So S Fib Vefo� S f i i i 024 147 38 14 • 024 152 10 16 • Gary Hatch Frank M Cracchiolo 2980 Inca Dr 19712 Quiet Bay In Lake Havasu City AZ 86403 Huntington Beach CA 92648 024 153 04 26 024 153 12 29 Abdelmuti Development Company Huntington Beach Mike Abdelmuti Redevelopment Agency 113 N Mdin-St 2000 Main-St Huntington Beach CA 92648 Hunting ton..Beach,. CA 92648 - 024 153 13 30 024 153 14 31 Abdelmuti Development Company Abdelmuti Development Company Mike Abdelmuti % Mike Abdelmuti 113 N Main St 113 N MAin St Huntington Beach, CA 92648 Huntington Beach, CA 92648 024 154 14 32 024 153 19 36 024 153 20 37 Abdelmuti Development Company Abdelmuti Development Company Abdelmuti Development Company Mike Abdelmuti % Mike Abdelmuti % Mike Abdelmuti 113 N Main St 113 N Main St 113 N Main St Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntin ton ;Beach, CA 92648 024 154 01 38 024 154 17 42 937 192 32 43 Adel Mustafa Zeidan i Haseko Pier Colony Inc Redevelopment Agency City of HI Unit 443 Suite 601 2000 Main St 200 Pacific Coast Hwy 350 S Figueroa St P.O. Box 190 Huntington Beach, CA 92648 Los Angeles, CA 90071 . .Huntington .Beach, CA 92648_ i 024 147 38 14 I 024 152 10 16 Gary Hatch • Frank M Cracchiolo • 2980 Inca Dr I 19712 Quiet Bay Ln Lake Havasu City AZ 86403 Huntington Beach CA 92648 024 153 04 26 024 153 12 29 Abdelmuti Development Company Huntington Beach Mike Abdelmuti Redevelopment Agency 113 N ManSt 2000 MainSt , k Huntington Beach CA 92648 Huntington.-Beach, CA 92648 a 024 153 13 30 024 153 14 31 ` 4 Abdelmuti Development Company Abdelmuti Development Company % Mike Abdelmuti % Mike Abdelmuti 113 N Main St 113 N Main St Huntington Beach CA 92648 Huntington Beach, CA 92648 024 154 14 32 024 153 19 36 024 153 20 37 Abdelmuti Development Company Abdelmuti Development Company Abdelmuti Development Company Mike Abdelmuti % Mike Abdelmuti % Mike Abdelmuti 113 N Main St 113 N Main St 113 N Main St Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington .Beach, CA 92648 024 154 01 38 024 154 17 42 937 192 32 43 Adel Mustafa Zeidan Haseko Pier Colony Inc Redevelopment Agency City of HB Unit 443 Suite 601 2000 Main St 200 Pacific Coast Hwy 350 S Figueroa St P.O. Box 190 Huntington Beach, CA 92648 Los Angeles, CA 90071 Huntington Beach, CA 92648 i i i I FRANK ALFONSOH ;jJ.1,-T �� tF.,: 6630 Vickiview Driv 26. West Hills, California = (818) 702-0333 (213) 365-7600 Fax (213) 382-6001 February 25, 1994 BY PERSONAL DELIVERY CITY OF HUNTINGTON BEACH -- 2000 Main Street Huntington Beach, California 92648 Attention: Connie Brockway, City Clerk Subject: APPEAL OF CONDITIONS SET FOR APPROVAL IN FEBRUARY 15 PLANNING COMMISSIONERS MEETING OF PERMITS BELOW REFERENCED. Reference: Conditional Use Permit No: 93-16 Conditional Exception No: 93-21 Coastal Development Permit No: 93-9A 119 Main Street, Huntington Beach Dear Ms. Brockway: Please present this Appeal to be heard by the City Council at the earliest available City Council meeting. Enclosed please find my check in the amount of $500.00 for the Appeal fee. The issues being appealed include the following: A. WAIVE THE REQUIREMENTS FOR SEISMIC CODE IMPROVEMENTS. B. WAIVE THE IN-LIEU PARKING FEE FOR ALLOWING BUILDING FOR RESTAURANT USE. C. WAIVE IRREVOCABLE DEDICATION OF FOUR (4) FEET ALONG THE FRONT ON MAIN STREET. D. WAIVE OTHER CONDITIONS TO BE DETERMINED AT A LATER DATE BUT PRIOR TO THE FINAL PREPARATION OF THIS APPEAL. E. APPROVE REFUND OF $500.00 APPEAL FEE REQUIRED FOR THIS APPEAL. These waivers are requested to operate a restaurant at the above referenced location during the interim time until the Coultrup Project for redevelopment of Main-Pier Project receives final approvals and is put into effect. CITY OF HUNTINGTON BEACH February 25, 1994 Page Two I will now proceed to briefly identify and provide my reasoning for approval for each above mentioned items. A: Request that I be allowed to open for business for restaurant use without the requirement to upgrade building to meet seismic codes. Reasons for Approval 1. Building has been in existence in excess of 60 years. Many earthquakes of different magnitudes have taken place during that time with no noticeable structural damage. The danger involved is no different than in other similar or identical buildings which are allowed to continue doing business in the immediate surrounding areas, without making those modifications. 2. seismic improvements have not been performed in this building because it contradicts the continuing years of negotiations with the Agency to redevelop this area. 3 . The expense of making modification to meet seismic code will exceed the revenue or rents generated during the interim period. This would make this action financially prohibited. B. Request that restaurant use be allowed without need to pay in-lieu parking fee for twelve (12) additional spaces. Reasons for Approval 1. The Coultrup Redevelopment Project, specifies that this property can be used for restaurant (2400 sq.ft. ) and that parking be provided by the Agency at no cost to property owner or tenant. 2. At the present time parking available is not being utilized to full capacity. This variance request will not present a problem to the immediate parking issue. 3 . To participate in the in-lieu parking fee program will be in direct contradiction with providing the Coastal Commission with an acceptable Parking Master Plan, since this will increase the parking requirements and reduce the chances of acceptance. In-lieu parking fee should only be made available after the Coultrup Project approvals are finalized and only if there is extra parking available. I I CITY OF HUNTINGTON BEACH February 25, 1994 Page Three Note that the Coultrup Project has been approved by the City governing bodies and every good faith effort should be made by this City to guarantee and expedite its final approval. 4. In-lieu parking fee does not increase the immediate parking available. This can only be changed by constructing multi level garage or allocating new areas for parking use. Neither of these issues are in the immediately plans of this City. 5. This additional parking fee will put an extra financial burden on my project, making it impossible to compete with other establishments in the area. C. Request that the four (4) foot dedication not be required at this time. Reasons for Approval 1. This issue is already clearly covered in the Coultrup agreement. 2 . If Coultrup Agreement is voided, participants will most likely join in some other development arrangements to improve the area. In some cases the Redevelopment Agency has agreed to provide grants for facade modifications to comply with the architectural theme desired and imposed by the City. If I dedicate my property now, this will put me at a disadvantage with the rest of the property owners in my group in any future and permanent negotiations. D. Request to waive certain conditions of code or other requirements which will require major changes to the', present structure or cosmetics of the building. 1. Attached please find copies of letters sent to Mr. Scott Hess requesting specific information on requirements and conditions imposed on the above referenced permits. 2. Any major requirements to modify this building would be a financial burden to the applicant and it would practically terminate the intended interim use of this building. CITY OF HUNTINGTON BEACH February 25, 1994 Page Four E. Request that the $500.00 fee for this appeal be waived. Reasons for Approval 1. At the time the Coultrup contract was signed, I had requested to be allowed the interim use of my building for restaurant use until the start of the Project. This request was rejected by the council but I was told to submit my application and that special consideration would be taken due to my special conditions. Again, I am requesting that these variances be approved for interim use only until a final decision is achieved in the Coultrup Project. Should this project be cancelled I will be willing to partake in any future negotiations to achieve the betterment of the community. Thank you very much for your assistance in this matter. Please contact me should you have any questions or comments. Sincerely yours, FRANK ALFONSO FA/bga enclosures hm/Pa/119main.6 C FRANK ALFONSO 6630 Vickiview Drive West Hills, California 91307 (818) 702-0333 (213) 365-7600 Fax (213) 382-6001 February 25, 1994 VIA FAX (714) 374-1540 m c p z CITY OF HUNTINGTON BEACH cNr� z Department of Community Development 6c--,4m 2000 Main Street Huntington Beach, California 92648 n��m co o Attention: Scott Hess, Senior Planner r c p Re: Conditional Use Permit No: 93-16 L Conditional Exception No: 93-21 Coastal Development Permit No: 93-9 119 Main Street, Huntington Beach, California Dear Mr. Hess: In addition to the items requested in my letter dated February 22, 1994 please provide me with specific information on modifications I will be required to make to my building prior to opening for restaurant use. Some of the issues that come to mind for clarification are requirements to provide handicap restrooms and changes to the facade or rear of the building. I am sure there are other requirements that would apply in my case. I would like to have a complete list so it can be incorporated to my request for Appeal presented to the City Council on this date. I have also noticed that your letter dated February 18, 1994 provides on page five a space for the signature of the Planning Commissioner after review of same. This space was left blank. Please provide me with a copy of this letter with all its appropriate signatures. Please supply the above requested information in writing at your earliest convenience. Thank you very much for your assistance in this matter. Please contact me should you have any questions or comments. Sincerely yours, FRANK ALFONSO FA/bga hm/fa/119main.7 FRANK ALFONSO 6630 Vickiview Drive West Hills, California 91307 (818) 702-0333 (213) 365-7600 Fax (213) 382-6001 February 22, 1994 VIA FAX (714) 374-1540 CITY OF HUNTINGTON BEACH Department of Community Development 2000 Main Street Huntington Beach, California 92648 Attention: Scott Hess, Senior Planner Re: Conditional Use Permit No: 93-16 Conditional Exception No: 93-21 Coastal Development Permit No: 93-9 119 Main Street, Huntington Beach, California Dear Mr. Hess: I am in receipt of your letter dated February 18, 1994 wherein you specify the "Conditions of Approval" approved in the February 15, 1994 Planning Commission Meeting. The issue of seismic improvements was brought up in the meeting. Planning Commissioners requested that a financially feasible solution be researched. What modification will I be required to make to my building to meet the seismic code before I am allowed to open for business? What item of the list of conditions in your letter covers this requirement? The document entitled "Notice of Action" submitted by you together with your letter, a copy of which is attached, shows the last date for filing an appeal to be February 15, 1994. As you are aware, this was the date of the meeting, therefore, it must be a typographical error. Please provide me with the correct deadline date for this action. As I am sure you are aware, seismic modifications are very costly and it would be impossible to amortize its cost during the possibly short interim use of this structure prior to redevelopment taking place. This issue could make my project financially impossible. Would this condition also be imposed if the building was to be used for retail/commercial? Would the four foot dedication and parking requirements apply in that case? CITY OF HUNTINGTON BEACH February 22, 1994 Page Two Please provide me with the above requested information via fax, at your earliest convenience. Thank you very much for your assistance in this matter. Please contact me should you have any questions or comments. Sincerely yours, S � FRANK ALFO SO FA/bga enclosures cc: Howard Zelefsky, Secretary Planning Commission hm/Pa/119main.5 CITY OF HUNTINGTON BEACH lea 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 5, 1994 Mr.Frank Alfonso 6630 Vickiview Drive West Hills, CA 91307 Dear Mr. Alfonso: The City Council of the City of Huntington Beach at its regular meeting held Monday,May 2, 1994, approved Conditional Use Permit No. 93-16 and Coastal Development Permit No. 93-9A with findings and conditions of approval and denied Conditional Exception No. 93-21 with findings. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from May 5, 1994 to apply to the courts for judicial review. If you have any questions regarding this matter,please contact our office-536-5227. Connie Brockway,CMC City Clerk CB:cc Enc. cc: City Attorney Community Development Director g:901tr\cc (Telephone:714536-5227 Title 1 *RIT OF MANDATE § 1%4.6 exhibits, all rejected exhibits in the possession of the local agency or Its commission, board, officer, or agent, all written evidence, and any other papers in the case. (d) If the petitioner files a request for the record ns specified in .stihdivisinn (c) within 10 days aflei' the dnte the decision becomes fi- nal as provided in subdivision (b), Iliv lime within which a petition pursuant to Section 109-1.5 may he filed shall he extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of rec- ord, if he has one. (e) As used in this section, decision means adjudicatory admin- istrative decision made, after hearing, suspending, demoting, or dis- missing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retire- ment benefit or allowance. (f) In making a final decision as defined in subdivision (e), the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section. As. used in this subdivision, "party" means an officer or em- ployee who has been suspended, demoted or dismissed; a person ''Whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall be applicable in a local agency only if the governing board thereof adopts an ordinance or resolution making this section applicable. If such ordinance or resolution is adopted, the provisions of this section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter. (Added by Stats.197G,c.276,p.581, § 1.) Forms See Wtst's Califoruin Code Forme, Civil Procedure. Library References Admiu6trntivr Lttw will Vrovoluro C.T.S. Publir. Administrative Bodies and Procedure ¢ 193. Notes of Decisions In general I Ihnt pnhlic employment rrintiont, honril Exhaustion of administrative remedies 2 hint rxclnxtvu jurixdiclion to lleternttne whether the unfair prueliee chnrgex were histific-l; will. fu view of tracherx' fniluru to exhfioxt (heir niltninixtrative remediex I. In general under Ihr Itn4dht Ael. trial enttrt errod in School hofinl'x 'vnihiferni frtv•ri ig of granting writ of mmiidute to compel xnpnr- trnowns' xnhiricx nftcr isegiflning of flew inlomlrnt of district find otherx to ruixe xclund �cnr, tvhilc. e-mlrnrt m-gotintiunx xnlnri.s of vertniu tenclters. Amndot Vitt. Wert- imu4ing, firguuhly witx on Imfuir Ii•Y 8.r1,1minry Educntorx Axv'n %. Xcwlin pruciiee in tdoiutiou of thn Itodda Art xo (1070) 151 Cul.ltptr. 724, M C.A.3d 25-1. 675 k' § 1094.5 Si"ECIAi, PROCEEDINGS Part 3 Noto 378 n.nhded for new trial de ante. i'rexro-1 t. rniue,l e,untt i.+.<iouer hnd tau juriNdioinn vailifornin t'oentldocnu•ut Ins. .\ppealx 11,1. nod did nor drierndue nu-ritx. \\'rater:: Air 011711) 1'-17 vni.nptr. 5M. 57 t'.A.311 211. 1,111rx lac:V. tohleaki (I1161) 19 CaUtlitr. Trial vo irt'm jndgmew d.•it-ing writ of 711), 1111 C.A.2:1 309. ninndnte to compel director of rll;rieultore Iruet that letter discharging molder lyp- to met amide I& derision revoking petltintt. Ixt clerk in off(ce of rtntt%t� clerk m itted er's lieenmp tin aircraft pilol it: btixinrsm t.I Mutt she wax g1lilty of mixt•uuduet in re• post control wnm revermed and elan re moving ptihlie records tram tho files awl ntnrtdod In trial raurt with direetionm to ❑utlilating nwl merroing them on vnrions remand enxe to dirertor fur purpm-e of dutem, wherenm in fienring before county reconmidering the penalty previously im. eivil service couunimmion evitlenve wax in- posed, where it was found that some of traduced only no to what took place on tho charges ngainmt petitioner worn not one of the dates, did unr require thn din- mapported by evidence. Wingfield v. trim court ttf appeal on ttlgjval from ju,ig- Director of Agriculture (1972) 10 Cal. went awarding Helier typi.,t clerk writ of f:ptr.019,20 C.A.&I 200. 111andnte, after reversing tho judgmeut of ttroceediitg for rnvtow of th•ninl by vom_ the superior enurt, to remand rite mutter mimsioner of rorporncious of permit to to the ctnoutimxiun for re-•onsideration, chmtgo voting rights o[ xlutcrmitto wltcrn there a•nx n miutilnrit�- of fads stir. would he reinnnded to muperier court for of rite 41 rcnut Vr of the documents on all un- detertniontion whether there. tens auhrtan= ty the dolrx. l'rmtt n iusl 'u (1lex ) 238 tial evidence to mopport ctimmiseioner's ty d 3. Service l'omtnissieu (19�'l) 2:#3 fiudings, where court improperly deter• i':�d'3,1(l5 C.A:Ld lla. § 1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and j arty defined; or- dinance or resolution (a) .Judicial review of any decision of a local agenc%, other than school district, as the term local agency is defined in Section 54931 of the Government Code, or of any commission, board, officer or agent thk-reof, may be had pursuant to Section 1094:5 of -this code only .if the petition for writ:of mandate pursuant to such section is filed 't.,Rhin 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 decisi>. 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- tinn can be sought; provided, that if reconsideration is sought pursu- dfit to.any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. (c) The complele rt,vord of the proceedings shall Ix, prepared by (lit! I(x'ill .1gelley oi- itti colllmis!-.ion, ho:ird, offiver, (11- agent whit-h ilmde the decision and shall be delivered to the petitioner within 90 days after•.he has filed a written re(luest 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 thu proceedings, all pleadings, all notices :and orders, any proposed decision by a healing officer, the final decision, all admitted 674 A Page No. 5 (Findings for denial CE-93-21) 2/18/94 Planning Department Letter to Frank Alfonso FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION(VARIANCE)NO. 93-21: 1. Since the property may be utilized as retail commercial with no increase in the parking requirement, such a conditional exception(variance)for deviation in parking requirement is not necessary for the preservation and enjoyment of substantial property rights. 2. Granting of Conditional Exception(Variance)No. 93-21 for deviation in parking requirements would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The Downtown specific Plan allows the payment of in-lieu parking fees to be used to satisfy the parking requirement. I hereby certify the Conditional Use Permit No. 93-19 and Coastal Development Permit No. 93-9A were approved by the Planning Commission of the City of Huntington Beach on February 15, 1994 upon the foregoing findings and conditions, and Conditional Exception (Variance)No. 93-21 was denied upon the foregoing findings. This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval. REQUEST FOR CITY COUNCIL ACTION u P e-F PAD Date: May 2, 1994 Submitted.to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrato����.. Prepared by: Melanie S. Fallon, Director of Community Development`.` Subject: APPEAL TO THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 93-16/ COASTAL DEVELOPMENT PERMIT NO. 93-9A AND DENIAL OF CONDITIONAL EXCEPTION NO. 93-21 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is an appeal of the Planning Commission's conditional approval of Conditional Use Permit No. 93-16 and Coastal Development Permit No. 93-9A and denial of Conditional Exception No. 93-9A(Attachment No. 1), filed by Frank Alfonso, (applicant). These applications represent a request to establish a 3,500 square foot restaurant with alcoholic beverage sales (beer and wine) and live entertainment within an existing building at 119 Main Street and a variance for an 18 space parking reduction. The subject property is located within Downtown Specific Plan District 3 and within the Main-Pier Redevelopment Project Area. In addition,the applicant is appealing compliance with seismic code requirements, waiver of in-lieu parking fee, waiver of street dedication requirements, other code conditions yet to be determined, and refund of his appeal fee. RECOMMENDATION: Planning Commission and Staff Recommendation: Motion to: "Uphold the Planning Commission's approval of Conditional Use Permit No. 93-16 and Coastal Development Permit No. 93-9A with findings and conditions of approval and denial of Conditional Exception No. 93-21 with findings." 3 1 . PLANNING COMMISSION ACTION ON FEBRUARY 15, 1994: ON MOTION MADE BY COOK, SECONDED BY RICHARDSON, THE PLANNING COMMISSION DENIED CONDITIONAL EXCEPTION NO. 93-21 WITH FINDINGS BY THE FOLLOWING VOTE: AYES: COOK, GORMAN, RICHARDSON, INGLEE NOES: DETTLOFF, BIDDLE ABSTAIN: NONE ABSENT: NEWMAN MOTION PASSED ON MOTION MADE BY COOK, SECONDED BY RICHARDSON, THE PLANNING COMMISSION APPROVED CONDITIONAL USE PERMIT NO. 93-16 AND COASTAL DEVELOPMENT PERMIT NO. 93-9A WITH FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: COOK;GORMAN, RICHARDSON, INGLEE NOES: DETTLOFF, BIDDLE ABSTAIN: NONE ABSENT: NEWMAN MOTION PASSED ANALYSIS: Project Description The applicant is the owner of the building located at 119 Main Street, which has been vacant for some time. The subject property is also included in Conditional Use Permit No. 92-17, Main- Pier Phase II, a Redevelopment Agency/Coultrup Development Company mixed use project which is on appeal to the California Coastal Commission. Mr. Alfonso proposes to establish a Cuban and Caribbean restaurant in a 3,500 square foot building with live entertainment consisting of piano, guitar, and vocal groups and beer and wine service. The mezzanine area will not be used. Planning staff identified three primary issues relating to these applications: parking, compatibility, and affect on the Main-Pier Phase II project.(Attachment No. 3) A brief discussion of these issues is provided below. Staff did not support the project as submitted and recommended an alternative action to reduce the restaurant area to 2,400 square feet without any use of the mezzanine and payment of in-lieu parking fees for 12 spaces. These 12 spaces are based on the increase in intensity of the first floor only. 2 The Main-Pier Phase II project includes this site and allows 2,400 square feet of restaurant area and 1,850 square feet office area. Establishment of the proposed restaurant will be compatible with the Coultrup project. Because the Coultrup project has not received final approval from the Coastal Commission,this application must comply with all current Code requirements including parking, dedication, seismic compliance. Pursuant to the Downtown Specific Plan, the applicant/appellant is required to provide parking for the change in intensity of the building. Previous retail commercial use of the building required 17 parking spaces; restaurant use will require 35 parking spaces leaving a deficiency of 18 spaces. A condition of approval imposed on the project restricts the use of the building to 2,400 square feet for restaurant and 1,100 square feet of mezzanine area to remain vacant. This action requires the applicant to provide only an additional 12 parking spaces. Because there is insufficient space on site, these spaces maybe satisfied by payment of in-lieu parking fees. Restaurant uses with live entertainment and alcoholic beverage sales are allowed in the Downtown Specific Plan area. This use will be compatible with the existing restaurant and commercial uses in the vicinity. Planning Commission Action During the Planning Commission public hearing of February 15, 1994, only the applicant addressed the Commission. The applicant requested that his restaurant project be exempt from parking and dedication requirements because these items are contained in the Disposition and Development Agreement between the applicant and the City. Following Planning Commission discussion regarding earthquake (seismic) hazards associated with this building, he also indicated that seismic upgrade of the building would be too costly at this time because this is an interim use until the Coultrup project is completed. Planning staff and the Deputy City Attorney advised the Commission that the project is a separate application, and,therefore, subject to compliance with all City regulations. Planning Commission approved the project without the parking variance and with findings and conditions of approval. (Attachment No. 2) Appeal Subsequently, the applicant filled an appeal (Attachment No. 1)to the Planning Commission's conditional approval. He is appealing compliance with seismic code requirements, waiver of in- lieu parking fee, waiver of street dedication requirements, other code conditions yet to be determined, and refund of his appeal fee. Each item of appeal is discussed below. Waiver from Earthquake Hazard Regulations During 1980, the building owner at that time was notified that the building was identified as being seismically unsafe and rated as an excessive hazard. This rating allows the property owner two years to correct the building's rating. Again in 1985 the property owner of record was notified of the building's seismically unsafe status and allowed six months for a plan of action to be submitted. The property owner submitted an action plan in 1986 and was advised by the City 3 'Environmental Status: The proposed project is categorically exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act. FUNDING SOURCE: Approval of the applicant's request will eliminate payment of in-lieu fees for 12 parking spaces, at $400 per space per year for 15 years ($72,000), into the parking in-lieu fund for use by the Redevelopment Agency to acquire and/or provide additional parking facilities in the Downtown Area. ALTERNATIVE ACTION: Motion to: A. "Uphold the Planning Commission's action of Conditional Use Permit No. 93-16 and Coastal Development Permit No. 93-9A and grant the applicant's request for Conditional Exception No. 93-21, a parking variance, with findings." (Attachment No. 4) ATTACHMENTS: 1. Letter of Appeal 2. Notice of Action dated February 18, 1994,which includes findings and conditions of approval for Conditional Use Permit No. 93-16 and Coastal Development Permit No. 93-9A and findings for Denial of Conditional Exception(Variance)No. 93-21. 3. Planning Commission Staff Report dated February 15, 1994 4. Alternative Action: Findings for Approval for Conditional Exception No. 93-21 MTU:MSF:SP 5 I FROM 1.JDE-C:TE PHONE NO. : +714 536 6102 May. 02 1994 12: 16PM P1 JADIrWNTOWN RESIDENTS rr ASSOCIATION I AA ! I i ij a IBM r _ I 0: MAYOR AND CITY COUNCIL MEMBERS DATE: 2 May 1994 RE: RESTS,URANT/ALCOHOUENTERTAINM ENT APPLICATION AT 119 MAIN STREET The Downtown Residents' Association respectfully requests that the City Council follow the Olainning Commission and Staff Recommendation (as noted on page 1 of D- 3 Stall Report): and MOTION TO: "UPHOLD THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 93-16 AND COASTAL DEVELOPMENT PERMIT NO. 93-9A WITH FINDS AND CONDITIONS OF APPROVAL AND DENIAL OF CONDITIONAL EXCEPTION NO. 93-21 WITH FINDINGS." 1-his -wolcld, in effect, deny t1he applic=ai;ts appeal of the following requested waivers, as r!C,tod ��n: page .6 of the Staff Report- a. 'Vtialve requirements for seismic rode improvements. b. Waive in-lieu parking fee, c. Waive four foot dedication on Main Street. d. Weiva ether conditions to be determined later. e. ApprOve refund of $500 appeal fee. Thane-k Y.ou for your consideration of our concern. i c�rely, �� z DI :. 1, W. D no sterling Co-Chair, DRA post-it ;brand iax transmittal memo 7G71 n of pn(jt+a To � From D t Dep������ �• Co. @t—,c,— Me1 ( ► L � /S Fax Fixk� 3L� FRANK ALFONSO HTt�lip T-{t1:=Ee%CH. G�.LIF; 6630 Vickiview Driv -EE ryry,, + West Hills, California 13i 2 28 �� � (818) 702-0333 (213) 365-7600 Fax (213) 382-6001 February 25, 1994 BY PERSONAL DELIVERY CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, California 92648 Attention: Connie Brockway, City Clerk Subject: APPEAL OF CONDITIONS SET FOR APPROVAL IN FEBRUARY 15 PLANNING COMMISSIONERS MEETING OF PERMITS BELOW REFERENCED. Reference: Conditional Use Permit No: 93-16 Conditional Exception No: 93-21 Coastal Development Permit No: 93-9A 119 Main Street, Huntington Beach Dear Ms. Brockway: Please present this Appeal to be heard by the City Council at the earliest available City Council meeting. Enclosed please find my check in the amount of $500.00 for the Appeal fee. The issues being appealed include the following: A. WAIVE THE REQUIREMENTS FOR SEISMIC CODE IMPROVEMENTS. B. WAIVE THE IN-LIEU PARKING FEE FOR ALLOWING BUILDING FOR RESTAURANT USE. C. WAIVE IRREVOCABLE DEDICATION OF FOUR (4) FEET ALONG THE FRONT ON MAIN STREET. D. WAIVE OTHER CONDITIONS TO BE DETERMINED AT A LATER DATE BUT PRIOR TO THE FINAL PREPARATION OF THIS APPEAL. E. APPROVE REFUND OF $500.00 APPEAL FEE REQUIRED FOR THIS APPEAL. These waivers are requested to operate a restaurant at the above referenced location during the interim time until the Coultrup Project for redevelopment of Main-Pier Project receives final approvals and is put into effect. CITY OF HUNTINGTON BEACH February 25, 1994 Page Two I will now proceed to briefly identify and provide my reasoning for approval for each above mentioned items. A. Request that I be allowed to open for business for restaurant use without the requirement to upgrade building to meet seismic codes. Reasons for Approval 1. Building has been in existence in excess of 60 years. Many earthquakes of different magnitudes have taken place during that time with no noticeable structural damage. The danger involved is no different than in other similar or identical buildings which are allowed to continue doing business in the immediate surrounding areas, without making those modifications. 2. Seismic improvements have not been performed in this building because it contradicts the continuing years of negotiations with the Agency to redevelop this area. 3 . The expense of making modification to meet seismic code will exceed the revenue or rents generated during the interim period. This would make this action financially prohibited. B. Request that restaurant use be allowed without need to pay in-lieu parking fee for twelve (12) additional spaces. Reasons for Approval 1. The Coultrup Redevelopment Project, specifies that this property can be used for restaurant (2400 sq.ft. ) and that parking be provided by the Agency at no cost to property owner or tenant. 2. At the present time parking available is not being utilized to full capacity. This variance request will not present a problem to the immediate parking issue. 3. To participate in the in-lieu parking fee program will be in direct contradiction with providing the Coastal Commission with an acceptable Parking Master Plan, since this will increase the parking requirements and reduce the chances of acceptance. In-lieu parking fee should only be made available after the Coultrup Project approvals are finalized and only if there is extra parking available. CITY OF HUNTINGTON BEACH February 25, 1994 Page Three Note that the Coultrup Project has been approved by the City governing bodies and every good faith effort should be made by this City to guarantee and expedite its final approval. 4. In-lieu parking fee does not increase the immediate parking available. This can only be changed by constructing multi level garage or allocating new areas for parking use. Neither of these issues are in the immediately plans of this City. 5. This additional parking fee will put an extra financial burden on my project, making it impossible to compete with other establishments in the area. C. Request that the four (4) foot dedication not be required at this time. Reasons for Approval 1. This issue is already clearly covered in the Coultrup agreement. 2. If Coultrup Agreement is voided, participants will most likely join in some other development arrangements to improve the area. In some cases the Redevelopment Agency has agreed to provide grants for facade modifications to comply with the architectural theme desired and imposed by the City. If I dedicate my property now, this will put me at a disadvantage with the rest of the property owners in my group in any future and permanent negotiations. D. Request to waive certain conditions of code or other requirements which will require major changes to t w3*,.. present structure or cosmetics of the building. 1. Attached please find copies of letters sent to Mr. Scott Hess requesting specific information on requirements and conditions imposed on the above referenced permits. 2. Any major requirements to modify this building would be a financial burden to the applicant and it would practically terminate the intended interim use of this building. CITY OF HUNTINGTON BEACH February 25, 1994 Page Four E. Request that the $500.00 fee for this appeal be waived. Reasons for Approval 1. At the time the Coultrup contract was signed, I had requested to be allowed the interim use of my building for restaurant use until the start of the Project. This request was rejected by the council but I was told to submit my application and that special consideration would be taken due to my special conditions. Again, I am requesting that these variances be approved for interim use only until a final decision is achieved in the Coultrup Project. Should this project be cancelled I will be willing to partake in any future negotiations to achieve the betterment of the community. Thank you very much for your assistance in this matter. Please contact me should you have any questions or comments. Sincerely yours, FRANK ALFONSO FA/bga enclosures i hm/Pa/119main.6 C FRANK ALFONSO 6630 Vickiview Drive West Hills, California 91307 (818) 702-0333 (213) 365-7600 Fax (213) 382-6001 February 25, 1994 VIA FAX (714) 374-1540 m = p Y CITY OF HUNTINGTON BEACH n Department of Community Development: m 2000 Main Street tom: r,m Huntington Beach, California 92648cc :T Attention: Scott Hess, Senior Planner =` o f Re: Conditional Use Permit No: 93-16 'G Conditional Exception No: 93-21 Coastal Development Permit No: 93-9 119 Main Street, Huntington Beach, California Dear Mr. Hess: In addition to the items requested in my letter dated February 22, 1994 please provide me with specific information on modifications I will be required to make to my building prior to opening for restaurant use. Some of the issues that come to mind for clarification are requirements to provide handicap restrooms and changes to the facade or rear of the building. I am sure there are other requirements that would apply in my case. I would like to have a complete list so it can be incorporated to my request for Appeal presented to the City Council on this date. I have also noticed that your letter dated February 18, 1994 provides on page five a space for the signature of the Planning Commissioner after review of same. This space was left blank. Please provide me with a copy of this letter with all its appropriate signatures. Please supply the above requested information in writing at your earliest convenience. Thank you very much for your assistance in this matter. Please contact me should you have any questions or comments. Sincerely yours, FRANK ALFONSO FA/bga hm/Pa/119main.7 FRANK ALFONSO 6630 Vickiview Drive West Hills, California 91307 (818) 702-0333 (213) 365-7600 Fax (213) 382-6001 February 22, 1994 VIA FAX (714) 374-1540 CITY OF HUNTINGTON BEACH Department of Community Development 2000 Main Street Huntington Beach, California 92648 Attention: Scott Hess, Senior Planner Re: Conditional Use Permit No: 93-16 Conditional Exception No: 93-21 Coastal Development Permit No: 93-9 119 Main Street, Huntington Beach, California Dear Mr. Hess: I am in receipt of your letter dated February 18, 1994 wherein you specify the "Conditions of Approval" approved in the February 15, 1994 Planning Commission Meeting. The issue of seismic improvements was brought up in the meeting. Planning Commissioners requested that a financially feasible solution be researched. What modification will I be required to make to my building to meet the seismic code before I am allowed to open for business? What item of the list of conditions in your letter covers this requirement? The document entitled "Notice of Action" submitted by you together with your letter, a copy of which is attached, shows the last date for filing an appeal to be February 15, 1994. As you are aware, this was the date of the meeting, therefore, it must be a typographical error. Please provide me with the correct deadline date for this action. As I am sure you are aware, seismic modifications are very costly and it would be impossible to amortize its cost during the possibly short interim use of this structure prior to redevelopment taking place. This issue could make my project financially impossible. Would this condition also be imposed if the building was to be used for retail/commercial? Would the four foot dedication and parking requirements apply in that case? I CITY OF HUNTINGTON BEACH February 22, 1994 Page Two Please provide me with the above requested information via fax, at your earliest convenience. Thank you very much for your assistance in this matter. Please contact me should you have any questions or comments. Sincerely yours, S FRANK ALFO SO FA/bga enclosures cc: Howard Zelefsky, Secretary Planning Commission hm/Ea/119main.5 Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 February 18, 1994 Frank Alfonso 6630 Vickiview Drive `Vest Hills, CA 91307 PER -1IT\0. 93-16:'CO\DITIO�:�I, EXCEPTION CONDITIONAL USE PE (VARIANCE)NO. 93-21lCOASTAL DEVELOPMENT PER-MIT NO. 93-9A (CONTINUED FROM THE FEBRUARY 1, 1994 INIEETING) REQUEST: To establish a 3,500 square foot restaurant with alcoholic beverage sales and live entertainment in an existing vacant building and a variance for an 18 parking space.reduction. LOCATION: 119 Main Street DATE OF ACTION: February 15, 1994 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-16: 1. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment will be located in a structure that is properly adapted to streets, driveways and adjacent structures in a harmonious manner. 2. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment is consistent with the uses permitted in Downtown Specific Plan, District 3 which allows these visitor serving uses subject to conditional use permit approval. 3. vithout use of the mezzanine area and with beer The proposed 2,400 square foot restaurant N and wine sales and live entertainment will be compatible with residential uses within 300 feet because: a. The restaurant will be subject to both Orange Countv Health Department and State Alcoholic Beverage Control Board regulations. (pcc1002-6) Conditional Use Permit No. 93-16/ Conditional Exception (Variance) No. 93-21/ Coastal Development Permit No. 93-9A Pace Four b. Provide an automatic fire protection system for any commercial type food heating- processing equipment. c. Exits, aisle ways, corridors, signs shall comply with the Uniform Building code chapter 33 d. Fire extinguishers will be required per Huntington Beach Fire Code standards. e. Address numerals shall be displayed at the front entry in a visually accessible location per Huntington Beach Fire Department Standard No. 428. 6. This conditional use permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant and property owner, notarized and returned to the Planning Division and until the ten (10) day appeal period has elapsed. 7. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or Huntington Beach Ordinance code occurs. CODE REQUIREMENTS: 1. The proposed use shall comply with all applicable provisions of the Municipal, Ordinance, Fire and Building Codes. 2. Live entertainment shall comply with the Noise Ordinance, Chapter 8.40 of the Huntington Beach Municipal Code. 3. A trash enclosure shall comply with Section 9730.60 of the Huntington beach Ordinance code. 4. Prior to issuance of a Certificate of Occupancy, all required traffic impact fees shall be paid. 5. Any signs for the restaurant proposed on, or visible from,the exterior of the building shall be submitted for review and approval of the Design Review Board prior to approval of sign permit. 6. This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Division a minimum 30 days prior to expiration. (pcc1002-9) Conditional Use Permit No. 93-16/ Conditional Exception (Variance) No. 93-21/ u Coastal Development Permit No. 93-9A Page Five FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE)NO. 93-21: 1. Since the property may be utilized as retail commercial with no increase in the parking requirement, such a conditional exception (variance) for deviation in parking requirement is not necessary for the preservation and enjoyment of substantial property rights. 2. Granting of Conditional Exception (Variance)No. 93-21 for deviation in parking requirements would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The Downtown specific Plan allows the payment of in-lieu parking fees to be used to satisfy the parking requirement. I hereby certify the Conditional Use Permit NO. 93-19 and Coastal Development Permit No. 93-9A were approved by the Planning Commission of the City of Huntington Beach on February 15, 1994 upon the foregoing findings and conditions, and Conditional Exception (Variance)No. 93-21 was denied upon the foregoing findings. This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval. Sincerely, Howard Zelefsky, Secretary Planning Commission by: 7� Scott es Senior Planner Reviewed by: Planning Commissioner (pcc1002-10) Huntington Beach Department of Community Development STAFF REPORT EXECUTIVE SUMMARY FEBRUARY 15. 1994 CONDITIONAL USE PERMIT NO, 93-16/ CONDITIONAL EXCEPTION(VARIANCE)NO. 93-21/ COASTAL DEVELOPMENT PERMIT NO. 93-9A (CONTINUED FROM THE FEBRUARY 1, 1994 MEETING) (119 Main Street) Conditional Use Permit No. 93-16, Conditional Exception No. 93-21 and Coastal Development Permit No. 93-9A are requests to establish a 3,500 square foot restaurant with alcoholic beverage sales (beer and wine) and live entertainment and a variance for an 18 space parking reduction at 119 Main Street. This project was continued from the February 1, 1994, Planning Commission meeting to allow the applicant additional time to secure a restaurant operator and define the live entertainment. Staff recommends denial of the conditional use permit, coastal development permit, and conditional exception(variance). An alternative action is suggested to allow the project without the variance to parking which will require the applicant to participate in the in- lieu parking fee program. The alternative action also includes non-use of the second floor(1,100 square feet)area of the building since it is not requested to be utilized by the applicant. 1 s y � i o w u 8 I MC FADD. I Z 71 — � IDiNGBR HEIL `\ r WARNER IMis3 i 8 a 3 GARFIELD .r YORKTOWN ADAMS SITE LOCATION UNAPOLIS �Y ATLANTA HAMILTON Q, CUP 93- 16/CDP93-9A/ R� CE 93-21 HVNTiNGTON BEACH PLANNING DnISION TO: Planning Commission FROM: Community Development DATE: February 15, 1994 SUBJECT: CONDITIONAL USE PERMIT NO. 93-I6/CONDITIONAL, EXCEPTION (VARIANCE)NO. 93-2 1/COASTAL DEVELOPMENT PERMIT NO. 93-9A(CONTINUED FROM THE FEBRUARY 1, 1994 MEETING) APPLICANT/ PROPERTY OWNER: Frank Alfonso, 6630 Vickiview Drive, West Hills, CA 91307 REQUEST: To establish a 3,500 square foot restaurant with alcoholic beverage sales and live entertainment in an existing vacant building and a variance for an 18 parking space reduction. LOCATION: It 9 Main Street DATE ACCEPTED: November 13, 1993 ZONE: Downtown Specific Plan,District 3 GENERAL PLAN: Commercial-Visitor Serving EXISTING USE: Vacant ACREAGE: 2,750 square feet(0.06 acres) 1.0 SUGGESTED ACTION: Motion to: "Deny Conditional Use Permit No. 93-16,Conditional Exception(Variance)No. 93-21 and Coastal Development Permit No. 93-9A with findings for denial." 2.0 GENERAL INFORMATION: Conditional Use Permit No. 93-16 and Coastal Development Permit No. 93-9A represent a request to establish a 3,500 square foot restaurant with alcoholic beverage sales (beer and wine) and live entertainment in an existing vacant building at 119 Main Street. The project was continued from the December 21, 1993, and February 1, 1994, Planning Commission meetings. Staff Report-2115/94 -2- (pcsr009) r Prior to the public hearing on December 21, 1993, the applicant submitted a letter (Attachment No. 2) requesting a portion of the property previously dedicated, for alley. purposes be returned to him for his use. The Downtown Specific Plan requires alley dedication to increase the ultimate alley width to 30 feet. This is also consistent with action on the Coultrup project. In addition, the applicant requested a modification to the application for use of the first floor only for the proposed restaurant(2,400 square feet). Concern was raised by the Planning Commission at their December 21, 1993, meeting regarding the unknown aspects of the proposed restaurant and nature of the live entertainment. The applicant also raised concern regarding the proposed conditions to dedicate four feet of the property along Main Street and need to provide or pay in-lieu parking fees when these requirements were part of a Developer Disposition Agreement (DDA) with the Redevelopment Agency (see Attachment No. 1). The project was continued to allow the applicant time to secure a restaurant operator, define the live entertainment, and consider the need for the dedication and parking at this time prior to implementation of the DDA. The applicant has contacted staff and indicates that he will operate a restaurant at the site. He proposes to establish a Cuban and Caribbean restaurant serving beer and wine. Hours of operation will be compatible with those previously approved for new restaurants on Main Street(see Attachment No. 3). Live entertainment will consist of a musical trio using primarily piano, guitar and vocal groups (see Attachment No. 4). This type of entertainment is compatible with adjacent uses and other types of entertainment provided downtown. Sound amplification will be used but will be contained within the building for compliance with the noise ordinance. The applicant has submitted excerpts of the DDA and conditions of approval for the Coultrup project(Conditional Use Permit No. 93-16)that address parking and dedication issues he has raised (see Attachment No. 7). Although he is participating in the DDA for the future development of the Coultrup project that includes this site, it is uncertain if the project will proceed. Until such time as the future development commences, all code requirements are applicable to the site. This includes dedication and satisfaction of the parking requirement for the change in intensity of the use (commercial retail to restaurant). Also, the future development will not be paying any in-lieu parking fees and is dependent upon the Downtown Parking Master Plan being approved by the City and the Coastal Commission. In the event the future development proceeds and the parking master plan is approved, the applicant may request termination of his participation in the in-lieu parking fee. 3.0 RECOMMENDATION: Staff recommends that the Planning Commission deny Conditional Use Permit No. 93- 16, Conditional Exception (Variance)No. 93-21 and Coastal Development Permit No. 93-9A with the findings for denial contained in the Staff Report dated December 21, 1994 (Attachment No. 6) Staff Report-2/15/94 -3- (pcsr009) . 4.0 ALTERNATIVE ACTION: '['he Planning Commission may approve Conditional Use Permit No. 93-16 and Coastal Development Permit No. 93-9A with findings and conditions of approval for a 2,400 square foot restaurant on the first floor only and with beer and wine sales and live entertainment and deny Conditional Exception(Variance)No. 93-21 with findings that will require the applicant to participate in the in-lieu fee parking program. ATTACHMENTS: 1. Letter from applicant dated October 14, 1993 (requesting waiver of parking and dedication) 2. Letter from applicant dated December 17, 1993 (requesting use of previously dedicated alley area and reduction in restaurant floor area) 3. Letter from applicant dated January 31, 1994 (identifying type of restaurant and hours of operation) 4. Letter ftom applicant dated February 7, 1994(identifying live entertainment) 5. Site plan dated December 17, 1993 and elevations and floor plan dated October 15, 1993 6. Planning Commission staff report dated December 21, 1993 7. Excerpts from DDA and Conditional Use Permit No. 93-16 8. Alternative Findings and Conditions of Approval SI P)kjl Staff Report-2/15/94 -4- (pcsr009) FRANK ALFONSO AND GILBERT R. GEILIM 6630 Viokiview Drive West Iiilia, California 91307 (213) 365-7600 (work) (010) 702-0333 (home) October 14 , 1993 VIA FAX (714_1 374-154Q CITY OF HUNTINGTON BEACH Department of Community Development 2000 Main Street Huntington Beach, CA 92646 Attention: Planning commission Re: Conditional Use Permit No: A:1-16 Conditional Exception No: 93-21 .Coastal Development Permit No: 93-9 119 Main Street, Huntington Beach. CA Dear Commissioners: As you are probably aware the Main Street Property owners, the Huntington Beach Redevelopment Agency and Coultrup Companies have agreed on the plans to redevelop the Main-Pier portion of the downtown redevelopment program. I an hereby roguesting that you approve my permits to operate a restaurant at this location as I was doing back in 1907-1900. I am requesting approval of a waives on the parking requirement and I would also like you to uansider removinq the dedication of 4 foot of my property along Main Street at this time. These items arc fully covered in our DDA. Should you have any further questions or comments, please do not hesitate to contact me at either of the above telephone numbers. Very truly your&, FRANK ALFON O FA:ba .i�11, FYwn4•gnn.a.wnl. FRANK ALFONSO 6630 Vickiview Drive Canoga Park, California 91307 (818) 702-0333 (213) 365-7600 December 17 , 1993 CITY OF HUNTINGTON BEACH Department of Community Development 2000 Main Street Huntington Beach, California 92648 Attention: Susan Pierce, AICP Re: Conditional Use Permit No: 93-16 Conditional Exception No: 93-21 Coastal Development Permit No: 93-9 119 Main Street. Huntington Beach. -California Dear Ms. Pierce: Attached please find 6 revised copies of the site plan which show the reduction in the lot length from 117-1/2' to 110' per. your request. Please note that this change was made to comply with the previous CUP which is no longer valid. This change also contradicts the future plans of development agreed to by the City and property owners and furthermore, the City has absolutely no use for this portion of my lot. Therefore, I am requesting that the official plans be changed to reincorporate the 7-1/2' to my lot, which will extend my lot all the way to the alley. It had been my previous understanding that my mezzanine which is approximately 1000, in size, would not require to meet the restaurant parking code, because the ceiling is only approximately 7-1/2' high and it cannot be occupied by customers. If this is not correct, I would like to remove this area from the restaurant permit application and I will guarantee that it is not used in any form by the restaurant operation. This would reduce my waiver request to approximately 12 spaces. Also attached is a large color site plan to be used for display at the public hearing. If you have any questions or comments, please do not hesitate to contact me at the above telephone numbers. Sincerely yours, �-7 FRANK ALFONSO FA/bga h m,'n,-il9main - r r urn r'I iUPJt (J J di-i. l 1'�7-t l i.��bru i r'LU FRANK ALFONSO 6630 vickiview urive West Hide, californin 91307 ($18) 702--0333 (213) 365-7600 January 31, 1994 3t A rAX (.714) 374-1540 CITY OF HUNTINCTON BEACH Dopartmont of Community Development 2000 Main Street Huntington Beach, California 92648 Attention: Susan Pierce, AICP Re: Conditional Use Permit No: 93-16 Conditional Exception No: 93-21 CoaNtal Development Permit No: 93-9 119 Main Street, Iuntington Heaoh, California Dear Me. Pierce: I have decided to operetta the restaurant business at my above mentioned property myself. It will be set up as a full restaurant specializing in Cuban and Caribbean food and beer and wine will also be served. Light music entertainment will be provided during evenings, holidays and weekends. Business hours will be 7 days a week with flexible schedules between 6:00 A.I . and 2 :00 A.M. I estimate to employ 5 to 20 full and part time employees.. Take out food will also be available. Seating will be available at the Oountei• and at tables With a total seating of approximately 60 porr_.Qnr. I will provide you with portions of the documents signed by City Council (CUP and DDA) where the issue of parking and the 4 foot dedication are addressed. I will also contact. Scott on the dedication issue. It is my intention to get these permits approved at the Planning Committee Meeting scheduled for February 15, 1994 %rit:h a waiver on in-Lieu fee parking and with no dedication of the property on Main street. Both of these issues Lire addressed or.. the contracta relating to the CUP and DDA. Please contact me if you have any questions. Sincerely your3, rRANK ALF'UNSU FA/bqa FRANK ALF0NSO 6630 Vickiview Drive West Hills, California 91307 (419) 702-g333 (213) 365-7600 February 7, 1994 Y1l._FAC-(-21.4)_ ,374-154o CITY OF HUNTINGTON BEACH Department of Community Development 2000 Main Street Huntington Boesch, California 92648 Attention: Susan Pierce, AICP Re: Conditional Use Permit No: 93-16 Conditional Exception No: 93-21 Coastal Development Permit No: 93-9 119 Main Street, Huntington Bgagh, California Dear Ms. Pierce: In our telephone conversation of last week, you requested that x be more speoific as to my plans for live entertainment in my up coming restaurant. The entertainment will consist of a musical trio using primarily piano, guitar and v,>cals. Sound amplifications will be used but will be confined to the perimeter of the establishment. In regards to the parking and dedication issues I will forward to you the documentation by tomorrow, February eth. Please contact me if you have any questions of coxr.ments. Sincerely yours, FRANK ALroN3o , . NV 7d 31 S i �c . LT • �/ i / i ul - -'- ... --.... --------- 00/ -- b I /V V 7d �q 007.-Y *�- N a -- ql� o• - NV7d .7iviI/ b22 yW NOI I • 1 1. i •1 f - --- -.-t- ' --- _ - -_. - -= t_ -� rlI: • . REAR ELEVATION FRONT ' ELEVATION Low; 7.777 7,77- GROSS SECTION W) MMv5r _ �.- I �i �+-r,. ••.,..� • -Pit-,=:_•v. .LONGITUDINAL - SECTION B / / l /1V1 A / /) J huntington beach department of community development STAff REPORT EXECUTIVE SUMMMY DECEMBER 21, 1993 CONDITIONAL USE PERMIT N0, 93-161 CONDITIONAL EXCEPTION (VARIANCE) NO. 93-211 COASTAL DEVELOPMENT PERMIT NO. 93-9A (119 Main Street) Conditional Use Permit No. 93-16, Conditional Exception No. 93-21 and Coastal Development Permit No. 93-9A are requests to establish a 3, 500 square foot restaurant with alcoholic beverage sales and live entertainment and a variance for an 18 space parking reduction at 119 Main Street. The restaurant includes approximately 2,400 square feet on the first floor and a 1, 100 square foot mezzanine area . No restaurantuer is selected; no hours o,f operation, type of restaurant service, nor type of live entertainment are proposed at this time. Staff does not support the unknown aspects of the requests, and therefore, recommends denial of the project . • . A•PL •23D� / TO: Planning Commission FROM: Community Development DATE: December 21, 1993 SUBJECT: CONDITIONAL USE PERMIT NO. 93-161CONDITIONAL EXCEPTION (VARIANCE) NO. 93-21/COASTAL DEVELOPMENT PERMIT NO. 93-9A APPLICANT/ PROPERTY Frank Alfonso, 6630 Vickiview Drive, West Hills , CA OWNER: 91307 REOUEST: To establish 'a 3 , 500 square foot restaurant with alcoholic beverage sales and live entertainment in an existing vacant building and a variance for an 18 parking space reduction. LOCATION: 119 Main Street DATE ACCEPTED: November 13, 1993 ZONE: Downtown Specific Plan, District 3 GENERAL PLAN: Commercial-Visitor Serving EXISTING USE: Vacant ACREAGE: 2, 750 square feet (0 .06 acres) 1.0 SUGGESTED ACTION: Motion to: ."Deny Conditional Use Permit No. 93-16, Conditional Exception (Variance) No. 93-21 and Coastal Development Permit No. 93-9A with findings for denial . " 2_. 0 GENERAL INFORMATION: Conditional Use Permit No. 93-16 and Coastal Development Permit No . 93-9A represent a request to establish a 3, 500 square foot restaurant with alcoholic beverage sales and live entertainment in an existing vacant building at 119 Main Street . No specific restaurant operation is proposed at this time. Conditional Exception (Variance) No. 93-21 is a request for an 18 space parking reduction. . A conditional use permit is required to establish the restaurant use pursuant to Section 4 . 7 . 01 of the Downtown Specific Plan and for the sale of alcoholic beverages pursuant to Article 963 of the . Huntington Beach Ordinance Code because the use is within 300 feet of residential . The subject property is located within the Coastal Zone; therefore, a coastal development permit is required, pursuant to Section 989 . 5 . 2 of the Huntington Beach Ordinance Code, to establish the restaurant in a currently vacant commercial building . A change in use from a previous commercial use to restaurant requires additional parking be provided. The Downtown Specific Plan (S.4 . 2 . 02 (d) [2] ) requires an additional 18 spaces for the restaurant . The applicant- does not intend to participate in the in-lieu parking feet program; therefore, a variance is required . 3 . 0 SURROUNDING' LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: North, South, East and. West of Subiect Property: GENERAL PLAN DESIGNATION: Commercial-Visitor Serving ZONE: Downtown Specific Plan, District 3 LAND USE: Commercial 4 . 0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 15301, Section 1 of the California Environmental Quality Act . 5. 0 COASTAL STATUS: The proposed project is within a non-appealable portion of the Coastal Zone. Coastal Development Permit No. 93-9A is being processed concurrently with the conditional use permit . It is necessary for the Planning Commission to affirmatively find that the project is consistent with the following policies of the Coastal Element of the General Plan: • Protect, encourage and, where feasible, provide visitor-serving facilities in the Coastal Zone that are varied in type and price. • Improve the appearance of visually degraded areas . In addition, the Planning Commission must determine that the project complies with the findings stated in Section 989 . 5 .4 .G(6) of the Huntington Beach Ordinance Code. Those findings are listed under the recommendation section of . this report . 6 . 0 REDEVELOPMENT STATUS: The proposed restaurant is located in the Main-Pier Redevelopment Project Area . The site is also included in Conditional Use Permit No. 92-17, a Redevelopment Agency/Coultrup Development Company mixed-use project which is an appeal to the California Coastal Commission. . Redevelopment Agency staff supports approval of the Staff Report 7 12/21/93 -2- (7475d) project as a restaurant only and defers its support of alcohol sales and live entertainment until such time as a specific use is identified. 7. 0 SPECIFIC PLAN: The project is located within the Downtown Specific Plan, District '3, which allows the proposed use pursuant to conditional use permit .approval . 8 . 0 SUBDIVISION COMMITTEE: Not applicable. 9 . 0 ISSUES AND ANALYSIS: The proposed 3, 500 square foot restaurant use will occupy an existing vacant building which consists of a 2,413 square foot ground floor area and 1, 087 square foot mezzanine. There are three (3) primary issues related to these applications : parking, compatibility and affect on Main-Pier Phase II project . The following discussion will focus on the issues . Parking In 1985, , a change of use from retail to a restaurant was approved in the building pursuant to Use Permit No. 85-40 . At that time, the approved plans depicted 2,334 square feet of floor area and the applicant was required to enter into an agreement with the Redevelopment Agency to participate in a parking district formation and post a bond in an amount to cover the cost of the 24 spaces (1 space/100 square feet of building area) . Since there is no evidence of an agreement and the fact that the building has been vacant (and not used as a restaurant) for more than one (1) year, Use Permit No. 85-40 expired. The applicant is now requesting to establish a restaurant with live entertainment and alcoholic beverage sales . Parking is based upon the following: Required Existing Existing 3 , 500 sq. ft . retail 1/200 = 17 . 5 pkg. 0 spaces Proposed 3 , 500 sq. ft . restaurant 1/100 = 35 pkg. 0 spaces Net Increase 17. 5 (18) parking spaces Pursuant to Section 4 . 2 . 01(d) (2) of the Downtown Specific Plan, the applicant is not required to bring the entire building into conformance with the code because, according to the plans, the existing building is not being demolished or reconstructed. Parking must be provided for only the difference in required parking : 18 spaces . Staff Report - 12/21/93 . -3- (7475d) i Because there is no space available on the subject property to add additional parking spaces, the applicant is requesting a conditional exception (variance) to deviate from providing the additional parking . It should be noted that the provisions of the Downtown Specific Plan allow payment of an in-lieu fee for additional parking (5.4 . 2 . O1b) . However, the applicant has indicated that he does not want to participate in the in-lieu parking fee .program because his i restaurant use is included in the City approved redevelopment plan for Main Pier Phase II (Coultrup project) . Parking for that project must. be provided on-site or within 350 feet of the project . Final approval of Main Pier Phase II , however, must be granted by the California Coastal Commission (CCC) prior to commencing any use authorized by j that conditional use permit or separate action is granted by the City for the proposed project. In addition, the Main-Pier Phase II project is included in the Downtown Parking Master Plan. If the plan is adopted by the City Council and California Coastal Commission, the amount of required parking for this use and the Main-Pier Phase II project may be reduced. Until the Main Pier Phase II is implemented, the applicant seeks approval of an interim tenant . Affect on Main Pier Phase II Project Approval of a 3 , 500 square foot restaurant at the subject site will be i in conflict with the conditions imposed on the Main Pier Phase II project which allows only 2,400 square feet of restaurant at this site and an additional 1, 850 square feet maximum offfice area. Approval of a restaurant area greater than 2,400 square feet will require either an amendment to the Main-Pier Phase II conditions of approval and 0 subsequent CCC acceptance or a conditon be imposed on Conditional Use Permit No . 93-16 and Coastal Development Permit No. 93-9A limiting the proposed restaurant use of the first floor only. All future building rehabilitation and/or new construction of 119 Main Street may still occur if final approval of the Main Pier Phase II project receives final approval from the CCC. Compatibility Operation characteristics of the proposed restaurant have not been identified. There is no restauranteur selected, no hours of operation are proposed; and there is no indication of the type of live entertainment proposed. Without knowledge of these aspects of the proposed restaurant with beer and wine sales and live entertainment, staff is unable to ascertain that the proposed use will be compatible with other commercial uses in the vicinity or residential uses within 300 feet of the subject site. Staff does not support the applications as submitted. The Police Department has no comment regarding this project . An alternative action is included which will allow a maximum 2,400 square foot restaurant with beer and wine sales . Live entertainment will be subject to separate entitlement . Parking credit for the existing first floor only of the existing building will be 12 spaces, i leaving a .shortfall of 12 spaces for the restaurant . In-lieu parking le fees will be required to satisfy the parking required for the restaurant use . i Staff Report - 12/21/93 -4- (7475d) 10 . 0 RECOMMENDATION: Staff recommends that the Planning Commission deny Conditional Use Permit No . 93-16, Conditional Exception (Variance) No. 93-21 and Coastal Development Permit No . 93-9A with the following findings for denial : FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) N0. 93-21 : 1. Since the property may be utilized as retail commercial with no increase in the parking requirement, such a conditional exception (variance) for deviation in parking requirement is not necessary for the preservation and enjoyment of substantial property rights . 2 . Granting of Conditional Exception -(Variance) No . 93-21 for deviation in parking requirements would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The Downtown Specific Plan allows the payment of in-lieu parking fees be used to satisfy the parking requirement . 3 . Approval of a 3 , 500 square foot restaurant is in conflict with a master plan of development approved by the City for an area known as Main Pier Phase II (Conditional Use Permit No. 92-17) . FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 93-16 : 1. The proposed 3, 500 square foot restaurant with beer and wine sales and live entertainment will not be compatible with adjacent properties and uses because the operational characteristics of the proposed use have not been identified to allow sufficient evaluation. 2. The applicant is unable to provide the additional parking required for proposed 3 , 500 square foot restaurant with beer and wine sales and live entertainment and is not participating in the in-lieu parking fee program. FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 93-9A: 1. The proposed restaurant with beer and wine sales and live entertainment does not conform with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan because insufficient parking is available. 2 . Approval of the Conditional -Exception (Variance) No. 9.3-9A will result in a modification of the requirements of the certified Land Use Plan approved by the California Coastal Commission Staff Report - 12/21/93 -5- (7475d) • 11 . 0 ALTERNATIVE ACTION: The Planning Commission may approve Conditional Use Permit- No . 93-16 and Coastal Development Permit No. 93-9A with findings and conditions of approval for a 2,400 square foot restaurant with beer and wine sales on the first floor only. ATTACHMENTS: 1 . Narratives 3-- -Al et and Genditieas-e4--App-r SH: : kj 1 Staff Report - 12/21/93 -6- (7475d) FRANK ALFONSO AND GILBERT R. GEILIM 6630 Vickiview Drive West Hills, California 91307 (213) 365-7600 (work) (818) 702-0333 (home) October 14 , 1993 CITY OF HUNTINGTON BEACH Department of Community Development 2000 Main Street Huntington Beach, CA 92648 Attention: Susan Pierce, AICP Re: Conditional Use Permit No: 93-16 Conditional Exception No: 93-21 Coastal Development Permit No: 93-9 119 Main Street, Huntington Beach, CA Dear Ms. Pierce: As you are probably aware we have been negotiating with the City of Huntington Beach Redevelopment for at least the last five years to rebuild or rehabilitate our building at the above referenced address. During the major portion of this time, the building has been vacant because we never had the foresight that it would take this long to reach an agreement. On many occasions we were very close only to fall apart at the last minute. This made it impossible to commit to a tenant and at the same time continue negotiating in good faith to comply with the City of Huntington Beach Redevelopment Plan, which would require extensive, if not complete reconstruction of the site. It was never my intention to keep this building vacant for this_ long a period and it has been an unbearable financial drain, considering that our cost is approximately $3 ,000.00 per month to cover principal , interest, insurance, taxes, etc. But the negotiations have always been just a few months away from reaching a satisfactory conclusion and this has now added up to over five years. Our previous and only use of this building was as a restaurant, which is also the agreed use on the signed contract reached with the City of Huntington Beach as a redevelopment plan. I am hereby requesting to be allowed to do business as a restaurant serving food, beer and wine and providing light live entertainment and that parking requirements be waived in consideration of my special circumstances. CITY OF HUNTINGTON BEACH October 14 , 1993 Page Two Upon approval of this request, I will finalize negotiations with a tenant and some minor changes and improvements will be performed on the building. Although the property owners and the City of Huntington Beach have a signed contract for Redevelopment, a definite date for construction is anyone's guess! I can not keep this building vacant and without producing rental revenues. I have now provided all the items you requested in your June 25, 1993 letter to process my applications. Please keep me posted as to its progress. Should you have any further questions or comments, please do not hesitate to contact me at either of the above telephone numbers. Very truly yours, FRANK ALFONSO FA:ba dell/frank/Hu t3.Hch MP-2: Narrative Main Pier Phase II 119 MALN STREET Applicant: Frank Alfonso. Request: To provide for uses within an existing commercial building proposed to be renovated and operated at 119 Main Street with approximately 2350 sf in a commercial building. Specifically to enable the Applicant to lease the building to an as yet unknown food-service tenant. NOTE: This building and its adjoining neighbors and a condominium complex on Block 105 are part of the Main Pier Phase II project submitted as CUP 92-17 and No. 92-29, Tentative Tract Number 14666 and CDP No. 92-14. All of the same requisite materials such as radius maps, mailing lists, etc., are the same and included in the originally submitted CUP 92-17 package. NOTE also that this application is for the use of the exisiti.ng building and shall not preclude the ability of the Applicant to increase the size and/or alter the use of the building at a later date in accordance with the plans and submittals of CUP 92-17. Location: Lot 7 on Block 104 which is that area approx-imately bounded by Main Street, Lot 8, Lot 3 and Lot 6. Zone: DTSP-3 (Downtown Specific Plan - District 3) General Plan: Visitor Serving Commercial Existing Use: One story red-clay brick building: Presently vacant, was a food-service establishment of approximately 2350 sf. Acreage: Lot 7: Gross Acreage: .09 Ac. Net Acreage: .07 Ac. MPitInRrv-ALF Page 1 MP-2: Narrative Main Pier Phase II Reason for Site is within the DTSP. A requirement for use within the Submittal: DTSP is that for the proposed use, a Conditional Use Permit is required. The existing building has been vacant for several years in anticipation of Redevlopment proceedings and improvements. Although it is imminently going to occur, it will still be several months or more than a year before actual construction can begin, therefore the Applicant is seeking to resume the prior use the building enjoyed. The Applicant has been advised that he would have to re-apply for a CUP and CDC because any CUP covering and/or otherwise permitting the prior uses may ahve elapsed due to the length of inactivity of any uses on the site. Area The general area of the project is Downtown Huntington Beach. Description: Huntington Beach. Adjacent to the north is lot 6. To the east is Main Street. To the west is lot 3 which will be a parking lot. to the south is lot 8, Perq's. The Project is within the Redevelopment Area of Downtown in which the Redevelopment Agency is actively promoting the introduction of new and/or rehabilitated buildings and businesses in its efforts to revitalize the Downtown and give the Downtown a "new look" to attract people to visit and attend the Downtown Businesses. Project The project is on lot 7 of Block 104; Description It is an existing one story commercial building which will be reconstructed and rehabilitated. The present facade, as part of the CUP 92-17 program will be rebuilt to an upgraded facade design and set behind a four foot Main Street widening dedication, but for this application it shall remain as is. Also at the time 92-17 is enacted, to comply with the alley widening requirement, 7.5 feet will be dedicated from the rear portion of the property to public use. The new lot size will be 25 feet wide by 106.0 feet long. No setbacks from the relocated Main street property line will be provided. A three foot rear yard setback will be provided. The parking required for the renovated building uses will remain the same because the proposed use is a continuation of and is the same as the prior use and the square footage of use is the same, if not less than the prior area. If as a part of 92-17, the Applicant chooses to construct a second story, the parking required for that will be in addition to the parking presently required as a one story building, however, such additional parking will be addressed as a condition of the CUP 92-17 Ni PH NRTti'-ALF Page 2 MP-2: Narrative Main Pier Phase II submittal. Surrounding North of Subject Property: Uses: Demonstration Block DTSP-5 & 4 Commercial & Residential uses. East of Subject Property: Visitor Serving Commercial DTSP-3 Commercial uses.' South of Subject Property: Pier Related Commercial & Beach Open Space and abdelmuti building DTSP-3, 10 & 11 Commercial uses, Beach, Pier, Restaurants & Condos. West of Subject Property: Parking lot & Residential Uses . DTSP-3 Commercial Uses and Residential Comment: It is an important feature of this project going forward that the uses established herein be allowed to be retained at the election of the Applicant/Property Owner or his tenants. Retention of these permits and/or uses along with related parking provides the Applicant/Property Owner the ability to resume his business and/or guarantee to his tenant the ability to resume tenant's business after the building udnergoes further treatment in complinace with CUP 92-17. Block 104 The following deals with exceptions and requests as applied specifically to the uses by this Property Owner and others in Block 104: 4.2.1b: Parking: Commercial: The parking as provided within Block 104 will be less than required by the present codes. Comment: Per the Disposition and Development Agreement between the Applicant and the Redevelopment Agency, the Agency will provide for any shortfall in required parking. N1 P11 I N RN-ALF Page 3 PRANK ALPONSO 6630 Viakiviev Drive West Hills, California 91307 (818) 702-0333 (213) 365-7600 February 8 , 1994 VIA FAX (714).._.374- 154a CITY OF HUNTINCTbN REACH Department of Community Development 2000 Main Street Huntington Beach, Californin 97648 Attention: Susan Piarna, ATOP Re: Conditional Use Permit No: 93-16 Conditional Exception No: 93-21 Coastal Development Permit No: 93-9 119 Main gtragt, Huntington Beachg California Dear Ms. Pierce: Attachad please find portions of the DDA And CUP wh.ioh address the parking and store front dedication issues. Please make them available to the Planning Commissioners for my February 15th meeting. Thank you very much for your assiatanoe in this Ynatter. Please contact me if you have any questiono or oommonts. Sincerely yours, FRANK ALFONSO FA/l,ga lien/fw/1 1 Omw 1 n. 4 • F, _rn • PH;=nIE iJ • Feb.08 l9aa �?:I.,-.H� r�>>_ J, CITY OF HUNTINGTO111 1:3EACH 2000 MAIN STREET CALIFURNIA 02648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 12, 1993 coliITIONAL usI HWT KQ. 92:17 WITH $PtCla rgRbRTS MASTAL DEy NT PE,&M-N.M2-Y-4 9ON'DIT16NAL LxCUTION RUNCE) NO, 92-2JL =-UTATtV& TRACT MAP NO, 14666 10 CONS.TRUCCIN g.0.-1JUT CON MW.M P OBE ,.T-A2_D Iwo Loh gc. M03JOTALINC� AFELIWICIM Id nd=: Conditional Use Permit No. 92-17 with Special Permits/Conditional Exception (Varlance) No. 92--28/Tentative Tract Map No. 14666/Coastal Development Permit No. 92-14 APPLICANT: Huntington beach Redevelopment Agency/C:oultrup Development Companies APPEkLAXT; Coultrup Development Companies -LOCATIQ Two blacks bounjed by Sixth Street, Main Street, PCH and walnut Avenue. ZONE; Downtown Specific Plan, District 3 EOUE5T: To construct an 80 unit condominium project an6 two (2) commercial buildings totaling 40,810 square feet on 3.8 riet acres. Residential use is being proposed along Pacific Coast Highway between Fifth and Sixth Streets wit1101.11 tl,e 1ior111ally required visitor serving commercial use being provided. A 100% parking vai•iance fi,om tl)e commercial parking requirement is requested (a short fall of 295 spt.ces), and eight special permits to deviate from the design and development standards or the Downtowl) Specific Plan which include: 1. Reduced public open space on the commercial block; 2. Reduced alley dedication on tho commercial block; 3. Reduced commercial building front yard setback along Main Street; 4. Reduced commercial building upper story Setback along Win Street; S. Reduced commercial building front yard setback alone, Pacific Coast Highway; 6. Reduced commercial building upper story setback along Pacific Coast Highway; 7. Reduced commercial building upper story setback along Fii'th Street; 8. Exceed maximum site coverage for the residential Project. MJ&Phpne; 714 530,5227) 0 Notice OF Action �•'.l�•Yt�1A 4FM MM•rr d•11�wNN1�y-0r1�r Coastal bevelopment Permit Page Two ENVIRONMFNTAI cIATijS: The project is covered by Final Environmental Impact , Report No, 89-6 and Environmental impact Report No. 89-6 Addendum. f".T. ;$TATU5: APPEALABLE (See Below) On July 6, 1993, the Huntington Beach City Council approved the project with conditions and findings (see attached). Approved Denied Withdrawn JL_ Conditionally approved - (Conditions attached) Under the provisions of the Huntington Beach Ordinance Code, the, action taken by the City coy lnoil is final, The City Council action on thin Coastal Development is appealable to the Coastal Commission pursuont to Public Resources Code S•30603 and California Administrative Code S,13319, Title 14, Pursuant to Public Resources Code 5,30603, an appeal by an aggrieved person must be filed in writing, and addressed tot California Coastal Commission 24S W. Droadway, Sultd 390 POD 1450 Long Beach, California 90801-1450 (213) 150-5071 The appeal period begins when the Commission receives this netice of action and continjet for ten (10) working days. Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Commission's review period, and aa: to whether or not an appeal has been filed. Applicants are advised not to begin construction prior to that date. Provisions of the Huntington Beach Ordinance Code Are such that r-u application becomes null and void one (1) year after the final approval, unless actual construction has begun. Sincerely yours, Connie Brockway, CMG M3- City Clerk MCC ENCLOSURE Statement of Conditions CC: City Administrator City Attorney Community DevOupinent Director Economic Development Director Coultrup Development Company q • T • ED FINDINGS AND CJ=11105 Ori AWOVAL OND TIQNAL USE PERNIT__NO, 41-17 WXTIl GRACIA;i PERMITS/ CON. ITION L EXCEPTION„_(VARIANCL� N0. ,92-2$L TX=T1YE Tlt, = MAP NO, 14666Z COKSIAL_.DrVALOPMZIST FCRMIT NO., P."l:i SSMGE$T_F-p FXND„INOB Fog APP OVAL - CONDIIXONA14 USE RERMIJ NO, 92-17 : 1. As conditioned, the proposed project will meet the City' s General Plan rand toning land use policies of the Coastal Eloment and the Downtown Specific Plan thereby, ensuring project conformance based on the following: a . The proposed developments ratio of visitor serving commercial area (36, 266 square feet) to residential area (83 , 313 square feet) is 30% to 70%. This Can be justified with tho addition of the existing Lane/Ferry property (31500 square feet commercial) and the previously approved Abdelmuti development (47# 000 square feet commercial and office) which provides a two block ratio of 51% to 49% visitor serving commercial and office to residential . . b. Proposed project meets the requirement, Section 4 . 5 .01(C) , that at least one-third (1/3) o_f the total floor area to be devoted to visitor-serving commercial uses . c. Proposed project meets the Specific plan requirement of Section 4 . 5. 01(d) that residential uses are allowed in conjunction with visitor--serving for a full blook or larger pfeject up to one-half ( 1/2) of the floor area may be devoted Lo rosidonti.al uses . d. Proposed project meets the Specific Plan requirement of Section 4 . 5 . 01(d) that the residential units in the project are located further than 125 feet of Main Street . 0. Proposed project phasing musts Section 4 , 5 . 01 (e) of .the Specific plan due to the fact that the residential portion will not be issued a occupancy permit until the ccmmercial portion i complete. f . Proposed project meets section 4 . 5 , 01(f) as a. consolidation of two (2) blocks with one (1) block utilizing r.on-priority residential uses in a separate structure from the second block visitor-serving• commercial uses and providin;! substantial public open space and pedestrian access amenities to maintain a.. predominately visitor-serving orientation ba:;ed on the following ! Attachment No . 2 --1- (7080d) C` PHi II IE Ho. 1) The proposal project providov a public opec, space amenity which is substantially greater than the minimum requirement of 10% or 18,322 square feet. , 2) The proposed project provide* a number of podAatrian access ar►lenit'ies such as wide walkways, benches, hike racks, upper story dock areas . 3) The proposed pro j ect provides a prodominanl;ly visitor serving orientation with the public amenit:�as and proposes to maintain these characteristics with an Lnte3gration of similar building materials and arehitectural dctailu in both the commercial and residential portions of the project . TUGUEST -D FINDIN05 gOR APPBOV L ;�OQUDYTYONA F2SQEkT[ON (V RIAbICE) NO. 92-28 ; 1. Due .to the fact that the subject development is I portion of a larger two block project, there are exceptional and extraordinary circumstances or Conditions applicable to the land, buildings and premises involved that do not apply generally . to the property of class of users in the same elistrict. 2. The conditional exception (variance) to allow perking oreas to be Provided at a later date in conjunction with a larger parking management plan is necessary for the preservation of substantial. _; property rights. 3 . The granting of a Conditional exception (variance) to allow parking areas to be provided at a later date in conjunction witha parking management plan will not be materially detrimental to the. public health, safety and welfare or injurious to the conforming land, property or improvements in the neighborhood of the propertly for which the conditional exception (variance) is sought. 4 . The applicant is willing and able to carry out the purposes for which the conditional exception (variance) is sought and will proceed to do so without delay. 5 . Sufficient conditions of approval have been phased on the project to ensure that the code required amount of parking will be provided. 6 . the project will comply with the certified EIR No. 89-6 and addendum by providing long term parking needs. for the proposed project by one of two methods, either through participation in a shared downtown parking plan or providing new parking facilities ; on-site or within 350 feet of the project, within three years of the first Certificate of Occupancy. I i I I Attachment No . 2 -2- (7080d) i From • PHQIJE tlo. • F_J_.. U_, 1'D'D4 1 CisU2H(-1 P 0 1 SlUGQESTF_D INJ21US --r0,R APPRQXbL ---TENTATIVE JR,&CT MA? 146 1 . The proposed consolidation and division of parcels and alley vbc:ation for purposes of commercial/office and rbaidcntiel uses is in compliance with the size and ishapa of property notOssery for that type of development. 2 . The General Plan has act forth provisions for this type of land use as well as objectives for implementation of this typo of use. 3 . The property was previously studied for this type of land use (mixed commercial/office/residential) at. tho time the land use designation of Downtown Specific Plan, District No. 3 . 4 . The propaued map J5 consistent with the previously approved Tentative Parcel Map No . 91--235 which is a portion of thin; Lwo block project area. 1r ESTEU FJNJpJNGa FQR APPROVAL �.QOAETAL DEy,SLO_. PST PERMIT N.,... 1 . As conditioned, the proposed development- confoiais to the plans, policies , requirements and standards of the Huntington Beach Coastal Element of they General Plan. 2 . As conditioned, Coastal Development Permit No. 5i2-14 is consistent with the CZ (Coastal Zone) suffix, the Downtown Specific Plan as well as other provisiono of the Huntington peach Ordinance code applicable to the proportyr, 3 . As conQitioneor the proposeG mixed use project trit:h commercial and office uses and 80 condominium units shall he provided with infrastructure in a manner that, is consistent w :Lt+h the Huntington Beach Coastal Element and Land Use Man of the General Plan. 4 As Conditioned, the proposed mixed use project conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act . "G 52: NDI y" FOR AEEBO AL - SPECS rERMlTs: 1 . The following special permits promote a butter urban environment by adapting the Downtown Specific plan, DisLric; No. 3 requirements which enhance the area and provide a compatible project with the surrounding area ; a . A reductivrn of the zequired front setback along Pacific Coast Highway and Main Street will allow the proje(;t t0 be more compatible with the previously approved project . b. A reOvotion of the required upper atary setbacks along Pacific coast Highway and Main Street and inJ:e:rior property line, will allow the project to be consistanl: with the previously approved project . Attachment No . 2 -s- (7080d) _... I I I�JI IL _. r 177-i ltl.VcnTa.l.. rl_I`• C. A reduction of the required side yard fbeick 47.ong Fifth Street will allow the project to ba consistent with the previously approved project . 2.' The requested special permits provide for maximum use of aestihetically pleasing types of architecture and building ,layout,. and promote a pedestrian/urban atmosphe;:e. 3 : 'The t'equested special permits will not be detrimental to the general health, welfare, safety and convenienco., and not detrimental . and injurious to the value: of prop6!tty and improvements of the neighborhood or of the City in general . The building bulk, building mass and ovorail projec': design aro properly addressed and wi1)- not be a detriment :o the surrounding neighborhood. 4 , The requested spacial permits are consistent with the objectives of the Downtown Specific plan, District 3 stand;lyds in achieving a development compatible with the surrounding enivironmental . The proposed project provides a better living environment and an aesthetically pleasing project through design implementation, and promotes a pedustzian/urban atmosphere. SUG(;SSTEQ CONDITIQNS OF APPROYAJ, - rONDITIQNAXe USE ?ERIJ ISQ 22-171/ COASTAL-1)�YE�Q�MENT P1rR1�T N�. 92-�4 : 1.. (ROVIOed)The site plan, floor plans and olevati-Dns dated November. 2, 1992 shall be tNd/�drirCr��xa�6XYy/�S��Sti6�idvS/r�S�l�xf WtZX redesigned to reflect the following modifi,:ations : a. (New)The layout for bluck 104 shall reflect two new separate common wall buildings adjacent to Pacific Coast Highway, not to exceed three stories in height and four new/rehabilitated separate common wall buildings adjacent to Main Street, not to exceed two stories in )&eight. The uses within these buildings shall be limited oc follows : Retail e 2S t:.au Lgzk Q f f i c9 Lot 10 (Begstad) 4,725 3, 000 31950 5004 Lot ll (Cracchiolo) 11521 31000 20710 i,�00R , Attachment No. 2 -4- (7080d) 1 DISPOSITION AND DEVELOPMENT AGREEMENT by and among the REDEVELOPMENT AGENCY OF TI3E CITY OF HUNTINGTON BEACH, AGENCY, and COULTRUP COMPANIES, a California corporation, RIRTCHER REAL ESTATE LIMITED, a California limited partnership, and MAIN PIER PHASE II PARTNERSHIP, a California general partnership DEVELOPERS �o as complete . If the Executive Director disapproves any such evidence of :financing, written notice shall be provided to the responasble Developer stating the reasons for such disapproval .. 6. Project Design; Design and Construction Co�tr,; Agency. Assistance. Subject to the costs to be in-:%erred by the Agency pursuant to thin Agreement, the Block 105 Developer shall, at, its sole cost and expense,' design and construct the Block 105 portion of the Project pursuant to the Scope of Development (Atta��hment No. 3 ) , as an approximately 90 to 90 unit :residential condominium building on Block 105 and the :lock 104 Developer small, at its sole cost and expo;acc, design and construct up to three-story commercial office;retail buildings totaling approximately 47, 500 square feet on Block 104. Exact number of units and conditions on Project may be subject to change during the entitlement process with the City. Plan application by Developer shall be submitted to and accepted by the City planning department a's complete within ninety (90) days of the execution of this Agreement. Each Developer shall select, o-versee and coordinate. either a single general contractor for all of the work proposed for Block 104 and Blo.:k 105 or one for each. , The Develapers .acid the Agen,:y shall provide dedications necessary ,to construct tIae Project from their respective Parcels ',.at their exp!�!u5�. The Block 104 Develuper shall be re'sponsible for gbtalning any such neccwwary dedications from the Pr-Dperty Owners Parcels. 7 . Soils Remediation. parties uridt�rstanding with respect to soils remediation and obligations is set our, in Section 209 below. e. Parking. Agency shall provic3�"11011-exclusive pULiliu ground level parking $pales 1"ocated in Blo.;k 104. Any charges for use ( i .e. , meter costa, etc. ) made ' t0 the general public shall be equally tappliu�'tble to the property owners. Both parties understand that it, is the intent of the City to amend its Downtown Specific Plan to allow the proposed commerc:inl uses on Block 104 to be sufficiently parked by existing ;?arking in the downtown area and the ground level bpa.es planned for the Agency owned parcol on Block 104. ISoth parties also undol:FAtand that such an amendment to the: Downtown Specific Plan requires; approval by the Coastal Commission. In the event the City is not successful in amending the Downtown Specific Plan to U5:13 "33 6449ki/2460/009 -15- r'Hi lydt rao. • Feb. CIS. 19'?4 lit:0'_k•l PCI In the evert any of the Developers' Conditions Precedent to the Conveyance are not saticfied or waived by Developer within the time periods provided herein and, with respect to any claimed default by Agency hereunder, Agency has not cured said default within thirty (30) days after written notice from Developer, Developer may, at its option, terminate this Agreement and any escrow opened hereunder. In the event of such termination by Developer, neither party shall have any further rights or liabilities to the other under this Agreement with respect to the Site. Notwithstanding the above, in the event of Developer termination due to failure of�-�Agancy to obtain posseezion of the Sur abere-Wood-Goodman parcels and the Cracehiolo Parcel, the Block 105 Developer shall be entitled to retention of the Advance ,kasistance Amount. 1:.. 16211 ) Land Use Entitlements Each of the Developers as to the Developer Parcels and Agency as to .the Agency Parcels shall be responsible and shall cooperate and assist in making appropriate application to the City of HunLiuytoll Beach to satisfy all provisions of the California Subdivision Map hct (Government Code Section 66410, et seq. ) and local enactments pursuant thereto as well as any other land use entitlements including, but not limited to, coastal development permit, conditional use permit and Leiitutive and filial tract map, that are applicable with respect to the development of their reupau tive poitionN of the Site. The Agency shall cooperate with and auppdrt any Block 104 DeVeloper_ paitner' s application for ligucr license. III . J 9300) DEVELOPMLN'T 01' T1W t;ITLI A. 163011 Development of the Site 1 . ( §302 ] Scope of Development Each of the Developers shall conunencc: and uUmpleLe C;V1'tat1;uGtiu11 of the improvements to be constructed by the respective Develope;u (tlie "Developer 1mprovementerr ) according to the scope of Development (Attachine'r,t No. 3 ) and c:onti�i;;tent with approved entitlements and by the respective times established therefor in the Schedule of Perf6rmance (Attachment No. 4) . - The wo):kina drawings for the Developvr Im}-)iuv,eiriel;ta iihall include any plans and specifications approved Eby the Citiy and/or Ayenc;y, and shall incorporate or sliuw cumpliranc-e with all applicaL- le conditions and environmental mitigation mcaaurco. 05i 13/`,,3 �. G447ui21G0j000 --32- -- ATTACHMENT NO, 8 ALTERNATIVE FINDINGS AND CONDITIONS OF APPROVAL FOR A 2,400 SQUARE FOOT RESTAURANT WITH PARKING PROVIDED BY IN-LIEU FEE CONDITIONAL USE PERMIT NO, 93-16/ COASTAL DEVELOPMENT PERMIT NO, 93-9A AND FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-21 A VARIANCE FOR A PARKING REDUCTION FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-16: 1. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment will be located in a structure that is properly adapted to streets, driveways and adjacent structures in a harmonious manner. 2 . The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment is consistent with the uses permitted in Downtown Specific Plan District 3 which allows these visitor serving uses subject to conditional use permit approval . 3 . The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment will be compatible with residential uses within 300 feet because: a. The restaurant will be subject to both Orange County Health Department and State Alcoholic Beverage Control Board regulations . b. Residential uses are buffered from the restaurant by existing commercial uses . c. Live entertainment activity will be contained within the building. - 4 . Sufficient parking spaces exist in the vicinity to service the restaurant and in-lieu parking fees will be collected to offset any realized parking deficiency. 5 . The visitor-serving commercial use is consistent with the General Plan, in particular the Coastal and Land Use Elements . 2 . Prior to the sale of alcoholic beverages , a copy of the Alcoholic Beverage Control (ABC) Board license, along with any special conditions imposed by ABC, shall be submitted to the Department of Community Development . Any conditions that are more restrictive than those set forth in this approval shal•1 be adhered to . 3 . Prior to commencing live entertainment activities, a copy of an approved entertainment permit as issued by the Business License Department shall be submitted to the Department of Community Development . 4 . Prior to issuance of building permits , the applicant/property owner shall complete the following : a . Four feet of dedication along Main Street shall be _ irrevocable offered for. street and public utility purposes . b. Payment of all applicable Public Works fees . c. Submit evidence of a City/Redevelopment Agency Agreement, or similar instrument , assuring in-lieu fee participation for 12 parking spaces that is approved as to form and content by the City Attorney' s Office, Community Development Department and Economic Development Department, and recorded on the property. The fee per space as established by the City Council shall be paid by the property owner or tenant on an annual basis for up to 15 years . . 5 . Fire Department requirements are as follows : a . Automatic fire sprinklers will be required throughout the entire occupancy if any portion of the second floor will be used for drinking and or dining per Uniform Fire Code section 17 . 56 . 05.5(c) . b. Provide an automatic fire protection system for any commercial type food heating-processing equipment . c. Exits, aisle ways, corridors, signs shall comply with the Uniform Building Code Chapter 33 . d. Fire extinguishers will be required per Huntington Beach Fire Code standards . e. Address numerals shall be displayed at the, front entry in a visually accessible location per Huntington Beach Fire Department Standard No . 428 . 6 . This conditional use permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant and property owner, notarized and returned to the Planning Division and until the ten (10) day appeal period has elapsed. 6 . The establishment and maintenance of the 2 , 400 square foot restaurant with beer and wine sales and live entertainment will not be detrimental to the general welfare of persons residing or working in the vicinity, nor be detrimental to the value of' properties and improvements in the Downtown area . The use will provide additional dining and entertainment opportunities for residents, visitors and persons working in the vicinity. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 93-91 : 1 . The proposed 2, 400 square foot restaurant without use of .the mezzanine area and with beer and wine sales and live entertainment conforms with the plans-, policies , requirements and standards of the Huntington Beach Coastal Element of the General Plan. The Coastal Element encourages additional restaurants and other support facilities- for visit-ors- to the Coastal Zone. 2 . Coastal Development Permit No . 93-94 with the following conditions of approval is consistent with the Downtown Specific Plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3 . At the time of occupancy, the proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live ente-rtainment can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. 4 . The proposed 2 ,400 square foot restaurant without use of the mezzanine area and with beer and wine sales conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act . CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-16/COASTAL DEVELOPMENT PERMIT NO. 93-9A: 1 . The site plan received December 17, 1993 and the floor plan and elevations received and dated October 15, 1993 , shall be ' the conditionally approved layout with the following modifications : a . Reduce the restaurant area to 2,400 square feet located only - on the first floor . The second floor (mezzanine) shall not be used. b. The site plan shall be revised to show a new trash enclosure. ATTACHMENT NO. 4 ALTERNATIVE ACTION FINDINGS FOR APPROVAL OF CONDITIONAL EXCEPTION NO. 93-21 1. Due to the fact that the subject property is a portion of a larger two block project,there are exceptional and extraordinary circumstances or conditions applicable to the land, buildings, and premises involved that do not apply generally to the property of class of uses in the same district. 2. The conditional exception(variance)to allow a reduction in parking is necessary for the preservation of substantial property rights. The larger development will provide parking at a later date. 3. The granting of a conditional exception(variance)to allow a reduction in parking because parking will be provided at a later date and in conjunction with a parking management plan will not be materially detrimental to the public health, safety and welfare or injurious to the conforming land, property or improvements in the neighborhood of the project for which the conditional exception(variance) is sought. 4. The applicant is willing and able to carry out the purposes for which the conditional exception(variance) is sought and will proceed without do so without delay. 6 • NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO.93-16 AND COASTAL DEVELOPMENT PERMIT NO.93-9A AND DENIAL OF CONDITIONAL EXCEPTION NO.93-21, (Proposed Restaurant at 119 Main Street) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center,2000 Main Street,Huntington Beach,California,on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATEMME: Mo day,May 2, 1994, 7: 0 PM APPLICATION NUMBER: Appeal of Planning Commission's Approval of Conditional Use Permit No.93-161 Coastal Development Permit No. 93-9A and Denial of Conditional Exception No.93-21 AP ICANT/APPELLANT: Frank Alfonso, 6630 Vickiview Drive,West Hills,CA 91307 LOCATION: 119 Main Street(Northwest side,inland of Pacific Coast Highway) ZONE: Downtown Specific Plan,District 3 (Visitor-Serving Commercial) —- REQUEST: To establish a 3,500 square foot restaurant with sales and live entertainment in an existing vacant building and a variance for an 18 parking space reduction(Proposed are17 spaces in lieu of the 35 required pursuant to Section 9602.2 of the Huntington Beach Ordinance Code). ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301,Class 1 of the California Environmental Quality Act. COASTAL STATUS: The proposed project is located within a non-appealable portion of the Coastal Zone. ON FILE: A copy of the proposed request is on file in the Community Development Department,2000 Main Street,Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office after April 29, 1994. 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 you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call Susan Pierce,Associate Planner,at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 (714)536-5227 (splp0252) A � / NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 93-16 AND COASTAL DEVELOPMENT PERMIT NO. 93-9A AND DENIAL OF CONDITIONAL EXCEPTION NO. 93-21, (Proposed Restaurant at 119 Main Street) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street,Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday,May 2, 1994, 7:00 PM APPLICATION NUMBER: Appeal of Planning Commission's Approval of Conditional Use Permit No. 93-16/ Coastal Development Permit No. 93-9A and Denial of Conditional Exception No. 93-21 APPLICANT/APPELLANT: Frank Alfonso, 6630 Vickiview Drive, West Hills, CA 91307 LOCATION: 119 Main Street(Northwest side, inland of Pacific Coast Highway) ZONE: Downtown Specific Plan,District 3 (Visitor-Serving Commercial) REQUEST: To establish a 3,500 square foot restaurant with sales and live entertainment in an existing vacant building and a variance for an 18 parking space reduction(Proposed are17 spaces in lieu of the 35 required pursuant to Section 9602.2 of the Huntington Beach Ordinance Code). ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301,Class 1 of the California Environmental Quality Act. COASTAL STATUS: The proposed project is located within a non-appealable portion of the Coastal Zone. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street,Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office after April 29, 1994. 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 you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call Susan Pierce,Associate Planner, at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 (714)536-5227 (splp0252) PUBLIC HEARING CITY COUNCIL AGENDA DATE APPROVAL SUBJECT: ( � g�, /V 1, /JA . COUNCIL MEETING DATE: �. C NUMBER OF HEARINGS ALREADY SCHEDULED: , APPROVED: Ray Si lobe,- Assistant City Administrator NOTICE OF PUBLIC HEARING • �9�jL APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO.93-16 AND COASTAL DEVELOPMENT PERMIT NO. 93-9A AND DENIAL OF CONDITIONAL EXCEPTION NO. 93-21, (Proposed Restaurant at 119 Main Street) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center,2000 Main Street,Huntington Beach,California,on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday,May 2, 1994, 7:00 PM APPLICATION NUMBER: Appeal of Planning Commission's Approval of Conditional Use Permit No.93-16/ Coastal Development Permit No.93-9A and Denial of Conditional Exception No.93-21 APPLICANT/APPELLANT: Frank Alfonso, 6630 Vickiview Drive,West Hills,CA 91307 LOCATION: 119 Main Street(Northwest side,inland of Pacific Coast Highway) ZONE: Downtown Specific Plan,District 3 (Visitor-Serving Commercial) REQUEST: To establish a 3,500 square foot restaurant with sales and live entertainment in an existing vacant building and a variance for an 18 parking space reduction(Proposed are17 spaces in lieu of the 35 required pursuant to Section 9602.2 of the Huntington Beach Ordinance Code). ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301,Class I of the California Environmental Quality Act. COASTAL STATUS: The proposed project is located within a non-appealable portion of the Coastal Zone. ON FILE: A copy of the proposed request is on file in the Community Development Department,2000 Main Street,Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office after April 29, 1994. 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 you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call Susan Pierce,Associate Planner,at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 (714)536-5227 (splp0252) Approved by City Administration mL COVER SHEET FOR CITY COUNCIL PUBLIC HEA INGS. YES' NO Has the City Administrator's Office authorized the public hearing to be set?- (Attach Asst.City Administrator's approval slip) ( ) Is day of public hearing correct-Monday/Tuesday? ( ) Does Heading of Notice Reflect City Council Hearing (Not PC) ( ) ( ) If appeal, is appellant's name shown on legal notice? If the project includes residential use, is "legal challenge paragraph" included? ( ) ( ) ( ) If Coastal Development Permit, has the Master Legal Notice.Docum nt been used. ( ) ( ) Is there an Environmental Status to be approved by Council? (V� Is Title Company verification letter attached? Were the latest Assessor's Parcel Rolls used? ( ) (✓f ( ) Are the appellant/applicant's names and addresses on mailing labels? If Coastal Development Permit, are the RESIDENT labels attached and is the Coastal Commission Office on the labels? For Public Hearings at the City Council level, please insert the below paragraph of the public hearing notice "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 536-5271 CONNIE BROCKWAY, CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET -2ND FLOOR HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5227 PUBHER SUSAN K CASE OWNERSHIP LISTING SERVICE 917 Gienneyre Street, Suite 7 Laguna Beach, California 92651 714/494-6105 FAX: 7141494-7418 - Certification of Property Ownership List THE ATTACHED LIST REPRESENTS THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS LOCATED WITHIN 300 _ FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY LOCATED AT 119 Main St,Huntington Beach CA 92648 THIS INFORMATION WAS-OBTAINED FROM THE LATEST Orange County Assessment Rolls July 1 1993 SUSAN W. CASE 024 153 01 20 •024 153 02 a.� • 024 153 03 �2-.1, Occupant j Occupant ':. Occupant 411 Walnut Ave 118 5th St 112 5th St Huntington Beach, CA Huntington Beach, CA Huntington Beach, CA 92648 92648 92648 024 153 04 A3 024 153 05 024 153 07 a$ Occupant i Occupant I Occupant 127 Main St 123 Main St 117 Main St Huntington Beach, CA Huntington Beach, CA Huntington Beach, CA 92648 i 92648 92648 024 153 08 a (p 024 153 16 33 i 024 153 17 311 Occupant I Occupant Occupant 115 Main St I 122 5th St ' 121 Main St Huntington Beach, CA 1 Huntington Beach, CA ! Huntington Beach, CA 92648 92648 92648 _ I j 024 153 18 35 024 153 19 3(p 024 153 20 37 Occupant i Occupant i Occupant . 119 Main St 1 111 Main St j 111 Main St Huntington Beach, CA Huntington Beach, CA Huntington Beach, CA 92648 i 92648 92648 024 154 01 3F 024 154 02 39 024 154 03 40. Occupant ; Occupant Occupant 126 Main St 122 Main St 120 Main St Huntington Beach, CA i Huntington Beach, CA Huntington Beach, CA 92648 92648 92648 024 154 04 41 024 154 17 42- I 024 154 17 42 Occupant Occupant Occupant 116 Main St 300 Pacific Coast Hwy 300-C Pac. Coast Hwy Huntington Beach, CA ! Huntington Beach, CA j Huntington Beach CA 92648 92648 92648 024 154 04 024 154 01 3 024 154 17 42 Occupant Occupant Occupant 116 Main St 124 Main St 300 Pacific Coast Hwy #G Huntington Beach CA 926448 Huntington Beach CA 92648 Huntington Beach CA 92648 024 154 03 22 024 153 07 ZrJ 024 154 17 42 Occupant Occupant Occupant 118 Main St 121 Main St 300 Pacific Coast Hwy #102 Huntington Beach CA 92648 i Huntington Beach CA 92648 Huntington Beach CA 92648 024 154 17 42 I 024 153 07 42 024 154 17 42 Occupant Occupant i Occupant 300 Pacific Coast Hwy #104 300 Pacific Coast Hwy #109 300 Pacific Coast Hwy #111 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 024 154 17 42 024 154 17 42 024 154 17 42 Occupant Occupant Occupant 300 Pacific Coast H #110 300 Pacific Coast Hwy #108 Hwy 300 Pacific Coast Hwy #201 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 I i i - 024 154 17 42 j Occupant 300 Pacific Coast Hwy #203 Huntington Beach CA 92648 024 154 17 42 Occupant 300 Pacific Coast Hwy' #300 Huntington Beach CA 92648 024 154 17 42 i Occupant 300 Pacific Coast Hwy #301 Huntington Beach CA 92648 ! 024 154 17 42 ! Occupant 300 Pacific Coast Hwy #305 ' Huntington Beach CA 92648 _ 024 154 17 42 Occupant 300 Pacific Coast Hwy #308 Huntington Beach CA 92648 024 154 17 42 Occupant 300 Pacific Coast Hwy #310 Huntington Beach CA 92648 I 024 154 17 42 I i Occupant 300 Pacific Coast Hwy #402 i Huntington Beach CA 92648 024 154 17 42 Occupant 300 Pacific Coast Hwy #407 Huntington Beach CA 92648 024 154 17 42 i Occupant i 300 Pacific Coast Hwy #414 i Huntington Beach CA 92648 � I I 024 154 17 42 i Occupant 300 Pacific Coast Hwy #416 i Huntington Beach CA 92648 W. sway,City Clerk �\�,GT oy sF , �`��'U.S.POSTAGR-C-p C itington Beach he City Clerk PRESORT = APP.21 Box 190 FIRST CUSS MAIL CALER �. Beach, CA 92648 F -�. • ��� ��so 024147 09 4 . Clyde Joseph Mazzotti 19051 Holly St#11 Huntington Beach CA 92648 , r ry [ 10 10 LEGAL NOTICE - PUBLIC HEARING 1111 till 111s11,till 11 11111111111111111.1#,I��I�I,I�„�41���1!( ' a City Clerk. . � u,,�.-= .. �1�� � :,��• eroc'W y, W , Connie ton Beach u�tin9 Clerk City of H ity 01 of Box 1go Cps 92W. eeach, 24 untin9ton ase A St 2649 :. .. w 123 Min ch CA 9 _ l » �193I Eta j tn�gton Bea _ ... - l Hun _ t �• t _ t1 'flit Lt t��H qZ • 1�v- a cii cooaft \%GTON� IC FARING Itl 9 0 N qy� F�91 GAS NO UOU -r-- Conni:�B ckwa Cit Clerk Y, Y \NGT ON 6 -Gc�av ; ntington 1 F� �_ y J.S.POSTAGE _ E J. P •?T �o . Office of the City Clerk •' tY r s P� I� P.O.Box 190 Af'P.21 �ti Huntington Beach,CA 92M F:R S 1 C L A St S �1?1.A I LCALo if ( � ,';. ��E R'� 1• ► i0i080 • SF /, Fc-0~41, 03 40 Cal�brma Resort Internati na 222 5th St INGtOyAA Huntington Beach CA 9264 `Mt;0970Rq j v� ' — y 019 .o z (,L Z �ROFO r O q�n`FS t7,19pg•F .', CpUNTY Ca LEGAL NOTICE - PUBLIC HEARING IAgi Hal„liliiiiihiAlliilitililiA ill Aiii ................ Connie Brockway,City Clerk _ Cityof Huntington Beach �N°ToN O 9 1 F U.S.. STAGEOff ice of the City Clerk �3 p�r o ._-�_-� h• -,' P.O.Box 190 = APP21 ��4 = Huntington Beach,CA 92648 °4 .q/� �- r f FIbR�� SS MAIL !� .mil � `. ":IER q AL% -- �empt��n ,nS4 I/FaCant fe 8n t . 024 153 Q1 2-0 ° ,k ;_"':j,Wardhaj Occupant� . 411 Walnut Ave ` Rr Huntington Beach, ' CA 4 92648 ,F �Fe Q ieoe.a t�0 LEGAL NOTICE - PUBLIC HEARING :I I i I I 1 L . I ••'T•--r-gin.._...-..._— Connie Brockway,City Clerk AII City of Huntington Beach �0NGT U.S.POSTAGEX Office of the City Clerk �g �� 'o P.O.Box 190 PRESORT r APP 21 '�4 `; j/. �4 • ' Huntington Beach,CA 92648 �� CAL 1F FIRST CLASS MAIL �ERj S lGi0S0 q, { Attempted Unknown _ No Sum Number' � 024 153 03 ;.,21 ) � •• InsufficientAddra,n ❑ Occupant Forwarding ordo r as ed 112 5th St ❑ Huntington Beach, ANT .. ❑ 92648 C9 -4; \, ,.',• `Nco rfG ,i� u[e��. t'I to �?'w • . ' - . . � � N. CA/��-.��'J .� • cUUNTY CP LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach �\NGTOH �� N ll P.O. Box 190 � , `U.S.POS7Al,E� Office of the City Clerk J� 9� �` `b `A PRESORT 1 ^ . Huntington Beach,CA 92648 F-sST CLASS ,=t i E-R-'A$ n ' Attem • pled Unknown No such Number C1 Insltffi 024 153 02 a.l Ci f1t Ad •,• d r a s� /'-"Forwarding prd, Occup ant .r F_%,;a,red 118 5th St INGT 0 Huntington Beach, Q` =NC0RPRR47�� 0��..�n,.�-.ILYLe • •�� 92648 rA Cj S `F•� T ) 9 Q UQy E, �c Fe 17 1R0% ek _ LEGAL NOTICE PUBLIC HEARING _ . . - - - - Connie Brockway,City Clerk G�ory City of Huntington Beach F9 U.S.roSTaGE1L;}-:.:: `� Office of the CityClerk ®®4 P.O. Box 190 P R t S O R i = AM 21 '54 �r + R Huntington Beach,CA 92648030 FIRST ClSS +IEK 024 154 04 41 California Resort International 222 5th St o��pNTINGTpy Huntington Beach CA 92648 f G 0Rf,1, sEN ' ' • • j �V `ES�Z 1909.P� �(� . FCOpNTY CPS\ LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk j GTOry �T �ca�>v; -� City of Huntington Beach J2�\r �F9� G+,�^ U.S.POSTAGE - Office of the City Clerk PRESORT r APP.21 '�d = P.O. Box 190 i 4 a Huntington Beach,CA 92648 m� ' g Attempted UnknownF R � CLASS 1�r6 s IL OA L I F `o i oso s p --- No 3ucn �lumbec' _ 1 Insufficient,Addr 024 153 16 33 /Forwarding order pjz Ipmd C1 occupant Vacant 122 5th St Ro Np��0�.1 Huntington Beach, ut@28 92648 �pNTIN ' rint 0 SUCy FppUNTY Cad` LEGAL NOTICE - PUBLIC HEARING �.- Connie Brockway,City Clerk �,�Toy `V �� ��=. s ` City of Huntington Beach �� of G, ;> U.S.POSTAGE � `• i Office of the City Clerk �� �= 90 ��� ' . 1,N-J/jE�'>�. �• • P.O. Box 190 P R E S fib tll T = APP.21 '�4 ';: �"� ?4ton Beach,CA 92648 g j ��� • Huntin �° r �i 1 • FIR"'T CLASS MAIL CALIF i. ,V.`01U8o y i Attempted Unknown �vv� 1..-Z:) Cka 524 154 17 42 { No Such Number Z o� Emccupant fficien t Address 1 Cam'; Ir1SU :i c300 Pacific Coast 07 Hwy NT Forwarding Order Exl;tCed tington Beach CA 92 INGT Oy f S w. .. o I �•,� O�-`MCORPOR47F� �F Vacant Dater ` .. ... .. ►�� o . Route N s'o ?� �S® y Fti o ^.I ' Carrier Int o Q RIO07i:j. . FcOUNTY Cad\ . . �.: ,. . •,. LEGAL NOTICE - PUBLIC HEARING II�I��„1�f�ll„�II�III�fIII�I��I�11111��1���IIIII�IIII�II�1�1 ', . . i I . • Connie Brockway,City Clerk 6 U.S.POSTAGE City of Huntington Beach Jr� F90 , Office of the City Clerk PRESORT P.O.Box 190 APR 21 '9d .. \~ Huntington Beach,CA 92648 y T CLASS. v ;L ",i E 7 E a'' � E QALIF �'"3701050 >r ted Unknown ❑ 5-�►�".. '� (z1 G Attempted ❑ No Such Number 024 154 17 42 Insufficient Address fired ❑ occupant �� ® )'. . FOrwardiR Order Expire 300 Pacific. Coast Hwy #30 . S I NGTOy cant ?? C Huntington Beach CA 92648 CIP %N60RPOR4IE� e N06L Date _-- =- ier Int — @,j ISO . C�OOUN TY CP��� LEGAL NOTICE - PUBLIC HEARING I[IfII��11[.l[,III�IIIIII�Il111�I,11111�111III11�IIIIIIIII�[,[ Connie Brockway,City Clerk City of Huntington Beach GTOp w �� 6 '' U.S.POSTAGE Office of the City Clerk pp r y� P.O.Box 190 I(6 E S O R �,. z APR 21 •96 Huntington Beach,CA 92648 FIRST g� c c E e 95f AL 1 ,ui0S013 J+,tteQted Unknown — 5.�...� 4 '4 Such Dumber CO24 154 17 42 r,cufficient,gdr{,r �� 1 �ccupant #G G'ci xpsred 00 Pacific Coast Hwy Forwarding NTINGT Cant 2 Z Huntington Beach CA 92648 r ��0 Oyu Q =NCORi0R47F t.Pi NO �- -. .... '•� •r '^ '^ , \ �J�.J�/�.OCJ�•• .. n @ vo 17,1909. BOUNTY �a LEGAL NOTICE - PUBLIC HEARING i II,I,,,,1,I,1i1„I„11„1,,f,I,,1,1111„111,1l111,11i1,111,i,1 �...r.a:.6u.--• •uwU.� ...tiv....i..a.u•:.,:,,...d.-.u...�ii.ew..",.,.''.,_.r, i-. .,a..�.._ .:.,..�.D.ff .�.__...r.....�.s.�:....,..-.. ..i,':.rSn,.u...'Je�.�.>..—.:,'� .... ....:.,.:... --•,:,.: ,....... .. -- ....... .,,.�•�1►. -...+. 1 Connie Brockway,City Clerk . Cityof Huntington Beach \NeTOH o F, T _ f 9 U.S.t',.s,A1,E1'�,� Office of the City Clerk P.O. Box 190 PRESORT r APR 21 '14 = � � r ' r .._.� `G \1 0 Huntington Beach,CA 92648 �`9+' _ 71 �. t` • FI ,yT CLASS MAIL CALF �cloaD a y I ted Unknown . p,,temp \ 024 154 17 42 ��,o`��ct'Numbefess CI Scd.a� dd Occupant I;�,ai;ficientA Ex iced NTINGT ti 300 Pacific Coast Hwy #201 F,.,-fiing Order P Oa Huntington Beach CA 92648 C� 2 Z_'03RPOR41 v �.cnt p ate ,r Ito rtQ o Q rogi� Carrier int Q ;..,•� fq 2p/• `FB�II,1909•a� \�0 �I 00LINTY LEGAL NOTICE - PUBLIC HEARING 1111 111111111111111111111161,I,;,1111111 l 111 L 11,1,111 Its 11111 i ;onnie Brockway,City Clerk City of Huntington Beach �Nc70N e �"> U.S.POSTAG�'` Office of the City Clerk PRESORT z APR 21 �6 o 7� P.O. Box 190 _ � _ _ '�• 'iuntington Beach,CA 92M Attempted Unknov� - No Jurh dumber ►nf_'j, cient Address � � �i3 Ord EYPired 024 154 17 42 Forwardin ` `; 71 Occupant �. Q. Q Vacant Z 300 Pacific coast Hwy #416 Date` °�•r<� ' � �pNT I N G T 9 No Huntington Beach t o 92648 Q� =NCORVOR�/f� f tiflt �A— �A 9�G' ��syi; 1909•�� �QQ F�OUNTy ca�� LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk 1` GTo City of Huntington Beach CAPP Bt, �T, u.s.POs7Au -ir - N, �. . . Office of the City ClerkPRESORT 9� z: .+''ter I P.O. Box t so P P E S O O T „�� ; IHuntington Beach,CA92648F +6T CLA5I ' ` ER ,r1030 Attempted Unknown i. 0291 154 01 359 oS , No Such Number Occ[ pant 12� Main. St t � i� AL('a Insufficient Address I Hu ington Beach, CA pNtINGTp Forvvarr{ii}^ c!er Expired 92 8 ro i POR4IEp Vacant _.. .._ ..... _t:"t�:�� eq,°F90 t gyp. G� G�('���$ ....'• -i - — route NoDate c , �2 o „-►,�; :�.: Q Carrier In4 ------ l . COUNTY Cam LEGAL NOTICE - PUBLIC HEARING t _ 5 � Connie Brockway,City Clerk _ roTON CZ\', �.�7, City of Huntington Beach BF9 ! U.S.PosTAGE�-� Office of the CityClerk �' P.O. Box 190 PRESORT Ar R 21 �d Huntington Beach,CA 92M FIRST � :� R EE CALlf ?r0�030 .� z Attempted Unknown ❑ `'��Z?�a . ... No Such Number ❑ p24 153 18 35 Insufficient Address ❑ Occupant �6 Forwarding Order Expired ❑ 119 Main St IJLw t: �NTINGTp cant Huntington Beach, C Fr, -� ` ' cc ; p��`NGORPORgrf y e No ? 92648 s ° - `Fe cF c�UNT LEGAL NOTICE - PUBLIC HEARING that the work must be completed by May 10, 1986. If the structure was not in compliance at that time, occupancy would be denied. An appeal was submitted to the Board of Appeals which granted a temporary delay to allow the property owner to commit to participation in a redevelopment project. Although the current property owner has signed a participation agreement with the Redevelopment Agency, the redevelopment project(Coultrup project)has not received final approval from the Coastal Commission. Occupancy of the building without compliance with the earthquake hazard regulations is in violation of the City's Municipal code and not an appealable item to the City Council. Parking Variance and Dedication The applicant has indicated that the proposed restaurant should not be subject to compliance with the parking code (i.e., provide on-site parking or pay in-lieu parking fees)nor dedicate four(4 feet) along the Main Street frontage because his building with a restaurant is included in the Main-Pier Redevelopment Project(Coultrup project). The Coultrup project,however, does not have final approval from the Coastal Commission. The request is subject to compliance with the parking requirements of the Downtown Specific Plan. (See Planning Commission staff report dated December 21, 1993,pages 3 and 4). There is no space on-site to accommodate the required parking, therefore, the applicant must participate in the in-lieu fee parking program. Dedication of four(4) feet along the front of the subject property is necessary for compliance with the ultimate right of way width(83 feet) for Main Street. Current width of Main Street in the Downtown area is 75 feet. As part of the discretionary public hearing process, the City may impose a condition of project approval that requires dedication to widen the street to its ultimate width. Dedication is also required by the Huntington Beach Ordinance Code when interior improvements exceed one-third of the value of the building. It is anticipated the rehabilitation of the building to comply with the City's earthquake hazard regulations will exceed one-third the building's value, which will require dedication. Waiver of Other Conditions The applicant requests that the City Council grant a waiver of other code requirements that may be necessary for the site. Building Code requirements may not be waived. Therefore, this is not a valid appeal. Refund of Appeal Fee The applicant submitted his appeal fee in accordance with the Ordinance Code and fee schedule established by Resolution of the City Council. The appeal fee was established to cover costs associated with the processing the request(e.g.,public notification, staff time, report preparation, etc.). There is no provision to allow refunds for appeal filing fees. 4 Huntington Beach Planning Commission FO B P.O. Box 190 California 92648 Date: February 18. 1994 REVISED NOTICE OF ACTION Applicant: Frank Alfonso Subject: CONDITIONAL USE PERMIT NO. 93-16/CONDITIONAL EXCEPTION (VARIANCE)NO. 93-21/COASTAL DEVELOPMENT PERMIT NO. 93-9A (CONTINUED-FROM THE FEBRUARY 1, 1994 MEETING) Your application was acted upon by the Huntington Beach Planning Commission on February 15. 1994 and your request was: WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached). 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 February 25. 1994 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. (pcna001-3) Conditional Use Permit No. 93-16/ Conditional Exception (Variance) No. 93-21/ Coastal Development Permit No. 93-9A Page Two b. Residential uses are buffered from the restaurant by existing commercial uses. c. Live entertainment activity will be contained within the building. 4. Sufficient parking spaces exist in the vicinity to service the restaurant and in-lieu parking fees will be collected to off-set any realized parking deficiency. 5. The visitor-serving commercial use is consistent with the General Plan, in particular the coastal and Land Use Elements. 6. The establishment and maintenance of the 2,400 square foot restaurant with beer and wine sales and live entertainment will not be detrimental to the general welfare of persons residing or working in the vicinity, nor be detrimental to the value of properties and improvements in the Downtown area. The use will provide additional dining and entertainment opportunities for residents, visitors and persons working in the vicinity. FINIDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 93-9.1: 1. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. The Coastal element encourages additional restaurants and other support facilities for visitors to the coastal Zone. 2. Coastal development Permit No. 93-94 with the following conditions of approval is - consistent with the Downtown Specific Plan as well as other provisions of the Huntington Beach Ordinance code applicable to the property. 3. At the time of occupancy, the proposed 2,400 square foot restaurant without use of he mezzanine area and with beer and wine sales and live entertainment can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal element and Coastal Land Use Plan of the General Plan. 4. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales conforms with the public access and public recreation policies of Chapter 3 of the California coastal Act. (pW002-7) Conditional Use Permit No. 93-16/ Conditional Exception (Variance) No. 93-21/ Coastal Development Permit No. 93-9A Page Three CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 93-16/COASTAL DEVELOPMENT PERMIT NO. 93-9A: 1. The site plan received December 17, 1993, and the floor plan and elevations received and dated October 15, 1993, shall be the conditionally approved layout with the following modifications: a. Reduce the restaurant area to 2,400 square feet located only on the first floor. The second floor mezzanine shall not be used. b. The site plan shall be revised to show a new trash enclosure. 2. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control (ABC) Board license, along with any special conditions imposed by ABC, shall be submitted to the Department-of Community Development. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 3. Prior to commencing live entertainment activities, a copy of an approved entertainment permit as issued by the Business License Department shall be submitted to the Department of community development. 4. Prior to issuance of building permits, the applicant/property owner shall complete the following: a. . Four (4) feet of dedication along Main Street shall be irrevocable offered for street and public utility purposes. b. Payment of all applicable Public Works fees. c. Submit evidence of a City/Redevelopment Agency Agreement, or similar instrument, assuring in-lieu fee participation for 12 parking spaces that is approved as to form and content by the City Attorney's Office, Community development Department and economic Development Department, and recorded on the property. The fee per space as established by the city Council shall be paid by the property owner or tenant on an annual basis for up to 15 years. 5. Fire Department requirements are as follows: a. Automatic fire sprinklers will be required throughout the entire occupancy if any portion of the second floor will be used for drinking and or dining per Uniform Fire Code Section 17.56.0559(c). (pcc1002-8) r resin r Hl Ildt No. FeL, I1_; 199-1 10 CI PO Main 9trame-Ruj 16iaa; Lot 5 (Mase) 2, 525 1, 200 71.0 i 500R ! Lot 6 (Draper) 2,525 i, Z00 650 500* Lof 7 (Alfonso) 2,400 11850 rot 0 (Mulligan) 41.200 1200 SOON Total 3,1496 15000 9,970 3, s00* Total Project 39,'766 N Outdoor Dinina The layout for block 105 shall reflect a maximum of 80 residential units. b. (New)The property lines on. the site plan ;%nd floor plan shall be revised to reflect post dedication locations . C. Relocate trash enclosures from parking aroaa to recessod areas adfacent to the rear of the Main Street and Pacific Coast Highway buildings. d. Provide short term parking opportunities along the rear of the Pacific Coast Highway building . d. (Now) Tho building dopth of the Main Street buildings shall be no greater than the largest exiating building (approziroately 100 root) on the site. e. (Revised)Widen the sidewalks along the rear of the Main Sreat and Pacific Coast Highway buildings by providing o mfilimuin three (3) foot rear building setback from full seven and one-half (7-1./2) feat alley light of way dedication. f . Provide 7 , 5 fvvt alley dedication on the Eaast and south sidea of alley, 7 . 5 on the west and north sides of alleys , 4 foot Main Street dedication (lotu 4--9 oil tentative neap) , 5 foot pacific coast Highway dedication ( ".ots 1 , 9 , 10 and 11 of the tentotive map) and a 2 . 5 foot S;.xtli Street dedication ( lots 1 And 2 of the tentative map) . Attachment No . 2 -5- (7080d) 0 allow for the proposed commercial project to be fully parked without the need for spaces aside from the ground lcvcl .opacco shown on CUP No. 92-17, then thic Agreement shall be automatically terminates. The Block 105 Developer shall provide all parking required onsite by the City for the Block 105 Improvements and shall pay all costs associated with the construction of such parking facilities. 9 . Public Improvements, The Block 105 Developer chall pay for all of the Block 105 onsite and offoite ' improvements as described in the Scope of Development (Attachment No. 3 ) with the exception of those curb, gutter and street improvements fronting the Worthy Parcel . Agency payment toward the Worthy Parcel shall not include sewer, utility, storm drain, traffic impact, or fees associated with the street improvements. The Agency shall either initiate tho construction of the Block 104 offsite improvements as described in the Scope of Development (Attachment No. 3) within thirty (30) days of i'ssualice of the first building permit for Block 104 or shall reimburse the Block 104 Developer after review and written approval L-y Public Worka Director of City of: (i ) three bide, (ii ) all contracts, (iii ) detailed invoices, and (iv) proof of lien releases from subcontractors for those verified costa. Alopk 104 Developer' ahall be responsible for construction and payment of all onsite improvements to Block 144. Agency shall provide utility hook-up to each parcel of Block 104. Agency shall provide costa for construction work necessary for any on-site. publicly owned right-of-ways. 10. Relocation. Contingent upon tze close of **crow in Section 203 below, to the Hlo '' 105 Developer and after deducting phyiiieritb and • Obt.b iiu:urred to relocate nonowner existing tenants ( "Nonowner Aelocation Coate ) , Agency shall pay towards relocation expenses, of the Block 104 Developer P.�rtnarrs (the 'Owner Relocation Amount" ) that famoulit:, which is the difference between the Nonowner Relocatior Costs and a maximum total amount of Six Iiundred Thirty Thousand Dollar:; ($630, 000) . . In the event: that the Block 104 Developer wishes the Agency to begin the relocation of tenants prior to the close of escrow then a deposit of -Two Iiundred Fifty Thousand Dollars ( $250, C00) must Le paid to Agency thirty (30) days in advance of beginning relocation effort:,. In atiy ever.t the Bloc;k 104 Developex. 51,d11 give the Agency thirty (30) days' notice to start the relocation process anc. a period of six ( 6) months prior to issuaince of building permits C,=41-)u/2460/000 -1G- 7 . The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or Huntington Beach Ordinance Code occurs . CODE REQUIREMENTS: 1. The proposed use shall comply with all applicable provisions of the "Municipal, Ordinance, Fire and Building Codes. 2 . Live entertainment shall comply with the Noise Ordinance, Chapter 8 .40 of the Huntington Beach Municipal Code. 3 . A trash enclosure shall comply with Section 9730 . 60 of the Huntington Beach Ordinance Code. 4 . Prior to issuance of a Certificate of Occupancy, all required traffic impact fees shall be paid. 5 . Any signs for the restaurant proposed on, or visible from, the exterior of the building shall be submitted for review and approval of the Design Review Board .prior to approval of sign permit. 6 . This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Division a minimum 30 days prior to expiration. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-21: 1. Since the property may be utilized as retail commercial with no increase in the parking requirement, such a conditional exception (variance) for deviation in parking requirement is not necessary for the preservation and enjoyment of substantial property rights . 2 . Granting of Conditional Exception (Variance) No. 93-21 for deviation in parking requirements would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The Downtown Specific Plan allows the payment of in-lieu parking fees to be used to satisfy the parking requirement . (7475d-7, 10) 024 146 09 1 024 147 05 2 024 147 08 3 Blanche A Wood William G Gallegos Huntington Beach Redevelopment 201 5th St I 210 5th St 2000 Main St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 i 024 147 09 4 024 147 23 5 024 147 25 6 Clyde Joseph Mazzotti Pauline M Cooper Richard A Harlow 19051 Holly St#II Po Box 723 111 loth St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 L 024 147 26 7 024 147 27 8 024 147 28 9 Thomas A Caverly Thomas A Caverly ! Marjorie Decker 553 Temple Hills Dr 553 Temple Hills Dr 8877 Lauderdale Ct Laguna Beach CA 92651 Laguna Beach CA 92651 ! Huntington Beach CA 92646 024147 29 10 i 024147 30 11 024 147 33 12 Huntington Beach Redevelopment William G Gallegos Redevelopment Agency Of The Ci 2000 Main St 210 5th St ; 2000 Main St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 i ----- -------= --------------------- 024147 37 13 - 024 147 38 14 024 152 05 15 Gary Hatch Yentil Lin Huntington Beach Redevelopment 2980 Inca Dr 209 Main St 2000 Main St Lake Havasu City AZ 86403 Huntington Beach CA 92648 Huntington Beach CA 92648 02415210 16 1 024 152 11 17 02415212 18 Salvator W&Barbara F Cracchiolo Blanche A Wood j Blanche A Wood 6691 Shire Cir 201 5th St 201 5th St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 024 152 14 19 024 153 01 20 024 153 02 21 Huntington Beach Redevelopment Redevelopment Agency Of City O Redevelopment Agency Of City O 2000 Main St 2000 Main St 2000 Main St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 024153 03 22 024153 04 23 024153 05 24 Redevelopment Agency Of City O Victoria Jean Lane Ann L Mase 2000 Main St 637 Frankfort Ave 123 Main St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 024 153 07 25 024 153 08 26 024 153 10 27. Gary V Mulligan Abdelmuti Development Company Redevelopment Agency City Of H 504 Main St#A 113 Main St 2000 Main St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 02415311 28 02415312 29 02415313 30 Eldon Willard Bagstad Abdelmuti Development Company Abdelmuti Development Company 901 Catalina Ave 113 Main St 113 Main St Seal Beach CA 90740 Huntington Beach CA 92648 Huntington Beach CA 92648 . '- . • - -- -- - • 1 1 33 02415314 31 02415315 32 024 53 6 Abdelmuti Development Company Abdelmuti Development Company Redevelopment Agency Of City O 113 Main St 113 Main St 2000 Main St Huntington Beach CA 92648 Huntington Beach CA 92648 i Huntington Beach CA 92648 I 02415317 34 02415318 35 ' 02415319 36 George E Draper Frank Alfonso Abdelmuti Development Company 121 Main St ! 6630 Vickiview Dr 113 Main St Huntington Beach CA 92648 Canoga Park CA 91307 Huntington Beach CA 92648 i 024 153 20 37 024 154 01 38 024 154 02 39 Abdelmuti Development Company Adel Mustafa Zeidan - Blanche A Wood 113 Main St 200 Pacific Coast Hwy `: 201 5th St Huntington Beach CA 92648 Huntington Beach CA 92648 j Huntington Beach CA 92648 024 154 03 40 024 154 04 41 _ 024 154 17 42 California Resort Internati Ina California Resort Internationa Soichiro&Emiko Kawase 222 5th St 222 5th St ! 2695 Tura Ln Huntington Beach CA 92648 Huntington Beach CA 92648 San Marino CA 91108 937 192 32 43 • 937 192 33 44 j 2915 W. 15roadW47 380 Redevelopment Agency City Of H IRobert J Koury La�y SeacLi Gp 9o8'O�-'�S`/6 Po Box 190 Po Box 65176 Huntington Beach CA 92648 Los Angeles CA 90065 II I I j I I i I I j I j i i i I l ' _ I I i I i Connie Brockway,City Clerk Cityof Huntington Beach �N O ��I _- g Gf Oly F C!YU.S.POSTAGE Office of the City Clerk Q. ® �� P.O.Box 190 /{T = APP.21 '54 Huntington-Beach,CA 92648 =a q FIRST g SSa ,�� t � r� 080 . ti J�,�'p� rstU!IICn�T�n ❑ �� 1n 1-F ' ►,:u ��1Ci'1I�lU �.. �� ❑ 024 154 17 42 Insufficient�''� <� fired ❑ 1 Occupant S��Z� (O Forwarding order Exp '-' 300 .Pacific Coast H #414 IN6; Vacant ?? S �t Bate Huntington Beach CA 92648 �NCORPOH47Fp �C9 oute o airier lnt UNTY � c0 ca LEGAL NOTICE - PUBLIC HEARING I1,1„11111111,,,1„I1,;I,11,l,,,,II II,,,1,,,111„11111Il„I,i -�Y...�M+a.•s�•�.L �—_ _ •a.:u...L..w,..J•.:. o.......... ... ..... ... ... ....L.f r....... ,..eL'.t.....- e.._...b�^.rl. �J��_�.,.,.n.. ....�...- �...._.... .. t... . .. .. _...•.•_.- -....� Connie Brockway,City Clerk GTow U.S.POSTAGT City of Huntington Beach z� F9 Office of the City Clerk PRESORT r API?21 '14 _ P.O.Box 190 >I - FIST CLASS � �1 Huntington Beach,CA92M a eIL�F , ._p' s ';`aTloao Unkno,,'�n ❑ 024 153 08 attempted ❑ Occupant 0, � Pia Such Numh viz v.:r 0115 Main St u < SS f v1 Insufficient P.0 ❑ Huntin ton Beach, SE S� prder Expired g tiofq INGt° orwarding �g2648 ORPOR d cant 't Z Nl Nam- --Date C ier Int _ �.. ; C°LINTY Ca` LEGAL NOTICE - PUBLIC HEARING ,,,I„I1„I„1,1 Ill III still fill III,llll,I fill ill