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HomeMy WebLinkAboutPub Hear - Appeal Councilmember Cook PC Approval Appeal Bohr CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 25, 2001 - Mr. Keith Bohr 415 Townsquare Lane,#219 Huntington Beach, CA 92648 Dear Mr. Bohr: Please find enclosed the March 19, 2001 minutes of the regular meeting of the City of Huntington Beach City Council at which there was action taken regarding the following: Public Hearing to Consider Appeal by Mayor Pro Tern Debbie Cook of Planning Commission's Approval of Application by Keith Bohr of Entitlement Plan Amendment No. 00-11 —Ibiza Restaurant Live Entertainment and Roof Deck Dining at 209 Main Street Sincerely, Connie Brockway, CIVIC City Clerk Enclosure g1followup/appeal/minute letter 2001.doc (Telephone:714536-5227) W Council/Agency Meeting Held: Deferred/Continued to: A proved ❑ Qonditionally A proved ❑ Denied W-bfry'cleWs Sin ure Council Meeting Date: March 19, 2001 Department ID Number: PL01-14 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION ` SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS '= m C. SUBMITTED BY: RAY SILVER, City AdministratoraPPJ �=2 r' J� PREPARED BY: HOWARD ZELEFSKY, Director of Planning Z SUBJECT: APPROVE ENTITLEMENT PLAN AMENDMENT NO. 00-11 (Ibiza Restaurant Live Entertainment and Roof Deck Dining) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is an appeal by Mayor Pro Tempore Debbie Cook of the Planning Commission's approval of Entitlement Plan Amendment No. 00-11. The application represents a request by Mr. Keith Bohr to establish live entertainment at a previously approved restaurant (Ibiza Restaurant — 209 Main St.) and to allow occupancy of a 2,530 sq. ft-. roof deck for outdoor dining. The request includes participation in the in-lieu parking program for 17 spaces. The restaurant with alcohol sales was approved by the Planning Commission in January of 2000 with the added outdoor dining use on the Main Street sidewalk and the project is currently under construction. The appeal is based on the detrimental effects the live entertainment may have on the surrounding property owners and residents. The Planning Commission conditionally approved the request and is recommending approval (Recommended Action) because the restrictions imposed on the roof deck entertainment would not result in adverse noise impacts to the surrounding properties. Staff is also recommending approval of the request for the same reasons. Funding Source: Not applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: "Approve Entitlement Plan Amendment No. 00-11 with findings and conditions of approval (ATTACHMENT NO. 1)." REQUEST FOR ACTION MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-11 Planning Commission Action on January 9, 2001: THE MOTION MADE BY KERINS, SECONDED BY HARDY, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO. 00-11, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL (ATTACHMENT NO. 5) CARRIED BY THE FOLLOWING VOTE: AYES: HARDY, KERINS, KOKAL, SPEAKER NOES: LIVENGOOD, MANDIC ABSENT: NONE ABSTAIN: SHOMAKER MOTION PASSED Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Entitlement Plan Amendment No. 00-11 with findings for denial." 2. "Approve Entitlement Plan Amendment No. 00-11 with findings and modified conditions of approval." 3. "Continue Entitlement Plan Amendment No. 00-11 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: Keith Bohr, 415 Townsquare Lane, Suite 219, Huntington Beach, CA 92648 Location: 209 Main Street (Ibiza Restaurant, former China Wok site) Entitlement Plan Amendment No. 00-11 represents a request to permit the use of a 2,530 sq. ft. roof deck for dining purposes and establish live entertainment at the previously approved restaurant. The request includes participation in the parking in-lieu fee program and approval of an In-Lieu Parking Fee Participation Agreement for 17 spaces. Outdoor Dininq The proposed second floor roof deck will be operated as an outdoor dining area. The only covered portions on the second floor are the grill/bar area as well as the two stairways, elevator shaft, and equipment room (ATTACHMENT NO. 3). The existing facade will be modified to allow for a higher parapet and windscreen along Main Street. The rear elevation will be modified with the addition of the covered stairway. The revised elevations will be PL01-11 -2- 3/7/01 11:41 AM REQUEST FOR ACTION MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-11 compatible with the approved building's design, colors and materials, as well as with the adjacent structures. Live Entertainment Live entertainment proposed includes amplified entertainment within the restaurant's first floor consisting of live musicians performing Latin Jazz, Spanish Classical guitar, flamenco dancers, and DJ's for dining and special occasions. Non-amplified entertainment is proposed on the roof deck, consisting of musicians performing with acoustic instruments such as guitars and violins that the applicant indicates would mainly occur during special occasions. The only amplification on the roof deck would be low-level background music transmitted from a centralized stereo to permanent speakers in the dining area. The tuner and volume would be under the control of the restaurant operator. The background dining music would not occur during "live entertainment" activities. A conceptual entertainment permit (ATTACHMENT NO. 7) issued by the Police Department details the type and hours of live entertainment for both indoor and outdoor activities. The conditions on the entertainment permit are recommended to minimize noise impacts to surrounding properties including a residence located across the alley to the west. Recommended conditions include restricting the hours of live entertainment on the roof deck to 8 PM, and the hours of outdoor dining on the roof deck to 12 midnight. Parking In-Lieu Fee Program The Downtown Specific Plan stipulates options the Planning Commission or City Council may impose to ensure that adequate parking is provided for each development. One of the options is the participation in the parking in-lieu fee program that requires payment of fees equivalent to the cost of providing parking on-site. In October 1993, the City Council adopted Resolution # 6522 approving an in-lieu parking fee for businesses located within the downtown area. The fee was set at $400 per space per year payable for fifteen years ($6,000) with the Redevelopment Agency matching the fee for a total of$12,000. In 1995, the City Council adopted two resolutions (#6720 & #6721) that set the fee at $12,000 per space and established the implementation program. Also, the Redevelopment Agency adopted Resolution #268 which discontinued their one half participation and requires full payment by participants. Participants may pay the fee in one lump sum or amortize the fee over a fifteen-year period consistent with the program. The fee is adjusted annually based on the Consumer Price Index (CPI) and is currently at $13,260.38 per space. Fees are collected and deposited into a parking fund to be used for creating opportunities for additional parking (i.e. valet, restriping) or construction of new surface or structured parking in the downtown area. Participation in the In-Lieu Fee Program is subject to review and approval by the City. PL01-11 -3- 3/7/01 11:41 AM REQUEST FOR ACTION MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-11 The occupancy of the second floor requires participation in the in-lieu parking program for 17 spaces based on the additional 2,530 sq. ft. of outdoor dining on the roof deck and the adopted restaurant ratio of 1 space/150 sq. ft. of floor area specified in the Downtown Parking Master Plan (DPMP). The DPMP identifies 2,217 sq. ft. of restaurant space on the subject property with no on-site parking spaces. The increased restaurant space on the roof deck requires the additional parking. If the entitlement plan amendment is approved, the property owner will enter into an In-Lieu Parking Fee Agreement (ATTACHMENT NO. 8) that will be required to be recorded prior to issuance of building permits. The applicant has indicated that the request will allow for larger group events and special occasions to be held at the restaurant, such as weddings, rehearsal dinners, birthdays and anniversary parties (ATTACHMENT NO. 4). The original theme of the restaurant will remain the same with a Spanish Mediterranean decor and tapas cuisine. B. BACKGROUND In 1989, the City Council approved Conditional Use Permit No. 89-1 permitting the rehabilitation of individual properties on the west side of Main Street, between Walnut Avenue and Olive Avenue, also referred to as the "Rehab Block." The conditional use permit serves as a master entitlement for new square footage on the block, and options for property owners to construct fagade improvements, building additions, demolition of existing structures and construction of new buildings on the second block. All proposed improvements must be consistent with the parking thresholds specified in the Downtown Parking Master Plan. The action also included approval of a special permit to allow a zero foot build-to line in lieu of the required five (5) foot build-to line for all properties along Main Street. The proposed development would maintain the zero foot build-to line, which is consistent with the adjacent properties. The proposed architecture meets the intent for the "rehab block" which promotes integrating Mediterranean elements of the Downtown Design Guidelines with historical elements when designing new facades. Property owners were eligible to participate in a Facade Grant Program by entering into Owner Participation Agreements (OPA) with the City's Redevelopment Agency. With an OPA, property owners were able to have their parking requirements determined in conformance or "grandfathered" based on existing floor areas. In 1989, the City's Redevelopment Agency entered into an Owner Participation Agreement (OPA) with then property owner Gary and Stephanie Hatch, which stated, in part, that any additional building area square footage created through rehabilitation or through new construction will be required to meet current city code parking requirements on-site or pay in- lieu parking fees. The Participant (owner) will be allowed a 50% reduction of that fee per space. The agreement further stipulates that these provisions run with the land. The PL01-11 -4- 317101 11:41 AM REQUEST FOR ACTION MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-11 applicant has requested that parking in-lieu fees be paid to satisfy the 17 additional parking spaces required for the restaurant expansion at the reduced rate of 50%. Based on the current parking in-lieu fee of$13,260.38 per space, the 50% fee for the 17 spaces is $112,713.23 (17 x $6,630.19) payable in either one lump sum or amortized over a 15-year period as specified in the Downtown Specific Plan. In January of 2000, the Planning Commission approved the re-establishment of the restaurant that included a 550 sq. ft. addition to the rear of the building and participation in the parking in-lieu fee program for four (4) spaces. The City's review was in part required because the prior (China Wok) restaurant vacated the site over a year ago. The approval allowed for alcohol sales and outdoor dining on the public sidewalk adjacent to Main Street. Upon the start of construction, the applicant submitted this request to allow the use of the roof deck for outdoor dining, and to establish live entertainment.- C. PLANNING COMMISSION MEETING: On January 9, 2001, the Planning Commission held a public hearing to discuss the p 9 entitlement plan amendment. There were four persons who testified during the public hearing, including the applicant, project architect, and William and Philomene Gallegos, who own an adjacent business and residence. The Gallegos' supported the project with the exception of the live entertainment on the roof deck. They opposed the proposed outdoor entertainment stating that they were .already impacted by entertainment from other downtown businesses. They requested that no entertainment be permitted on the roof deck (ATTACHMENT NO. 5). Following the public hearing and discussion, the Planning Commission conditionally approved the request (4-2 vote with Shomaker abstaining) finding that with the conditions imposed (ATTACHMENT NO: 1) including the type and hours of entertainment, the proposed entertainment would not create noise impacts to surrounding businesses and residents. The commission also added a condition requiring a six-month review to determine compliance with conditions on the entertainment permit and the entitlement plan amendment. D. APPEAL: On January 19, 2001, Mayor Pro Tempore Debbie Cook appealed the Planning Commission's action (ATTACHMENT NO. 2) citing the following reason: The live entertainment as approved will be detrimental to the property owners and residents in the area. Additional mitigation measures are needed to reduce conflicts. PL01-11 -5- 3/7/01 11:41 AM REQUEST FOR ACTION MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-11 E. STAFF ANALYSIS AND RECOMMENDATION: The Planning Commission Staff Report (ATTACHMENT NO. 6) includes a complete analysis of the request to occupy the roof deck for dining area and establish live entertainment at the restaurant. The following analysis addresses the appeal of the outdoor live entertainment on the roof deck. The proposed live entertainment, consisting of musicians playing acoustic instruments (e.g. guitars, violins) and low-level background dinner music between the hours of 11 AM and 8 PM, would be compatible with the surrounding commercial and residential uses. There is another business (Long Board Restaurant & Pub) located less than 100 ft. up the street that is permitted to operate amplified outdoor entertainment on the ground level rear open patio adjacent to the alley between 2 PM and 8 PM, on Fridays through Sundays, and Federal Holidays. The opposition from the adjacent residents referenced the inability for the Long Board restaurant owner to control the volume on the amplified instruments that are usually under the control of the individual band members. The request by Ibiza Restaurant would prohibit amplification on the roof deck with the exception of low-level background music that would be under the control of the restaurant operator. Furthermore, the limited hours of entertainment and the floor plan layout of the roof deck would minimize noise impacts to adjacent properties. The roof deck is designed with enclosed walls on all four sides. The dining area is setback from the alley by two screen walls that surround the roof top mechanical equipment (a five foot high screen wall at the building exterior, and a six foot screen wall adjacent to the dining area), and the enclosed rear stairwell (ATTACHMENT NO. 3). This separation will provide a greater buffer to the uses across the alley. Staff believes that with the recommended conditions imposed, and compliance with the Entertainment Permit (ATTACHMENT NO. 7), the proposed entertainment on the roof deck would not result in noise impacts to the surrounding businesses and residents. The restrictions on the type of entertainment, hours of entertainment, and the enforcement of all entertainment conditions will mitigate any potential noise impacts. A six-month review of the entertainment use will be conducted by staff and reported to the Planning Commission. At that time, the Planning Commission will have the ability to add, modify, or delete conditions. In addition, the City always reserves the right to revoke the entertainment permit and conditional use permit if the restaurant fails to comply with any of the conditions. F. SUMMARY Staff supports the proposed entitlement plan amendment for the following reasons: The outdoor dining and ancillary fagade improvements will be compatible with adjacent restaurants on the second block and is in compliance with the Mediterranean and PL01-11 -6- 3/7/01 11:41 AM !r t `i r'i • r i • ••� ,•: .� /� r /-fir, a � �• �• � � !,l fir;+ r' f !� /,. `I ,j +� ♦ � .g. � .�.!��`6�:�`�.•.. i'.1. +.�ice Wr `� `z V r fry !� � !+ ♦( / ;19 �� 41 . "t r.t` /..4, 4 Y' �^')�• Cb '+ Vim, • / "\� .j ATTACHMENT # 5 DOWNTOWN ENTERTAINMENT Address Name of Establishment Initial E.P. Issued CUP No. Entertainment Hours (Current E.P. Issued) 1"17°,Main, ° Per 's 'i 4l1973. fir, .NONE,; Danein 11:00 A:M 1g:30 ABM; Dail � , .' 04/30/02 126 Main#201 Arriba Baja Cantina 00-04 11:00 A.M. — 12:00 A.M. (Sun. —Wed.) 04/02/02 11:00 A.M. —.1:30 A.M. Thrus. —Sat. 200 Main#105 Coach's Mediterranean Grill C,�onc09'/,.03(98 None 5:00 P.M.— 1:30 A.M. (Fri. —Sat.) 05/30/02 5:00 P.M.— 12:00 A.M. Sun. 200 Main#201 �Hurncane's�5 MG�ill `� 1'1/1992 v 92 24 w %Q-�q.—hpirrg 8#OO P M.—1:30 ABM: (Mon��`. Sate) ,. 0 02., 400 Eta ? , 3/06/ M 1�2:;00 A:M Sun 1 mv � r. �.s r4• >.. M P 201 Main#D Streetlite Espresso Cafe 7/1998 92-28 8:00 P.M.—12:00 A.M. (Daily) 07/26/01 201 Main#E H.B. Beach Beer Company 6/12/98 99-55 _ 11:00 A.M. —11:00 P.M. (Daily) 12/18/01 209 Main Ibiza Restaurant 00-11 11:00 A.M. — 12:00 A.M. (Daily)— Indoors 04/17/02 11:00 A.M. —8:00 P.M. Dail -Rooftop 211 Main#A Momo's 6/1997 93-25 11:00 A.M. —12:00 P.M. (Daily) 01/22/02 217 Main Longboard Restaurant 3/1998 96-78 2:00 P.M.— 1:00 A.M. (Daily) 02/24/00 221 Main#A 'TuriayTown f 99�32 ®ancing 6t00 P M 1200 A' M: (Tue., Thrus ) >` W •a'� a, v,». .s°, 5.rr. ,a 6'00.,'P.M. 1:30 A M Fn 'Sat Ada. &,,:, r a..'" ,: 6`00 P:IVI. 12:OOA:'IVI�Sun:: 301 Main#101 Inka Grill 01-15 6:00 P.M. — 11:00 A.M. (Sun. —Thurs.) 06/21/01 6:00 P.M. — 12:00 A.M. Fri. —Sat. 318 Main St. Avila's El Ranchito 7/1998 90-32 8:00 P.M. — 1:00 A.M. (Mon.—Sat.) 12/13/01 3:00 P.M. — 10:00 P.M. Sun. 300 F.8;,H r#1 N2 Mr K's Karaoke , 11%1993, 93 8 ®ancing ""0 00 A;M 2 00 A M. (®ally;) E } ♦'w 6 9' M.0 w E ? 1`1/06/,01a 300 PCH#113 Gallagher's Grill & Pub 7/1996 96-63 8:00 P.M. — 1:30 A.M. (Mon. —Sat.) (07/14/01) 4:00 P.M. — 1:30 A.M. (Sun.) 10:00 A.M. — 1:30 A.M. Mar. 17 St. Pat i � ^wm .,. " �� ,".�� ...; .�k,..., �r�;a.�. x,x � :.`.st d;R`",�T ". ,.:;, �„..,- a ��tmwa.�.,:,.ce ea �a e r•.r 300 PCH1 Fred saMexican Cafe 4/1994 ,. .94-13 Dancing 830 P'M 1 30mA M (Mori. - i\. �p .�kRfA .€. ;,'fir" ,a ,. '' 05/17/02w , , W" ;., ;,, 230�P.N1 1'.30 A M wSat.—',Sun: 315 PCH Chimayo's 1999 00-1 9:00 A.M.— 1:30 A.M. (Daily) + Patio 07/18/01 317 PCH Duke's Surf City 9/1998 97-28 4:00 P.M.—7:00 P.M. (Wed. & Sat.) 08/22/01 r lital lishments with DaneingjR4 rmitted RCA ROUTING SHEET INITIATING DEPARTMENT: Police Department SUBJECT: APPEAL OF ENTERTAINMENT PERMIT BY IBIZA RESTAURANT COUNCIL MEETING DATE: July 1 , 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the Cif Attorney Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS .. 'REVfEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial rCity Clerk :EXPLANATION FOR RETURN OF ITEM: (Below . . Only) RCA Author: Preston Linker/Shawna Krone-Schmidt ��t11ING _ _ : OFFICE OF CITY ATTORNEY c�` P.O. Box 190 2000 Main Street Telephone Gail Hutton Huntington Beach, California 92648 (714) 536-5555 City Attorney Fax (714) 374-1590 June 28, 2002 c o ` Z C) Gerald L. Chapman, D.D.S. 00 6742 Shire Circle t'- -- Huntington Beach, CA 92648 W �- Re: Possible violation of Robert's Rules of Order at the June 17, 2002 City Council meeting' Dear Dr. Chapman: Your correspondence of June 19, 2002 to Connie Brockway, City Clerk, was forwarded to this office on June 21, 2002 for review and response. The first motion related to item D-3 on the June 17, 2002 agenda was a motion to overrule the decision of the Chief of Police regarding the entertainment permit of the Ibiza Restaurant. Pursuant to Council Manual 1.04.22(b), four affirmative votes are required to overrule the decision of the police department. However, if less than 4 votes are received the decision of the Chief of Police is deemed sustained and "no further vote is required." This rule however, did not prevent the City Council from approving the second motion made on the evening of June 17, 2002, which continued the matter to the July 1, 2002 meeting. A motion to reconsider, as indicated in your correspondence, is inappropriate for a main motion that failed due to a tie vote. Please see the attached memorandum drafted by my office October 2, 1997. This memorandum correctly concludes that a motion for reconsideration is not in order when a motion receives a tie vote because there is no majority and therefore no prevailing side. Therefore, the motion to continue item D-3 from the June 17, 2002 council meeting to the July 1, 2002 was the appropriate motion. Sincerely, a"'GAIL HUTTON, City Attorney /k c: Connie Brockway, City Clerk Attachment: 1. Memorandum from Gail Hutton to David Garofalo dated 10/2/97 regarding prevailing party on tie votes. j mp/021etters/chapman 0�-ol-oZ Item D-1 Appeal of Entertainment Permit Ibiza Restaurant Contents: 1 . City Attorney's Memo Regarding Tie Votes 2. PowerPoint Presentation 3. ABC On-Sale Establishments 4. Request for Council Action _A H CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION !` HUN'TINGTON'BEACH �• TO: Honorable David Garofalo,City Council Member FROM: Gail Hutton, City Attorney DATE: October 2, 1997 SUBJECT: Prevailing Party on Tie Votes; RLS 97-771 INDEX: Council Meetings; Motions; Reconsideration; Tie Votes BACKGROUND At the City Council meeting of September 15, 1997,the Council considered an appeal of the Planning Commission's app4al of the Cannes Pointe project. Two motions were attempted and both were lost due to lack of a majority. The first motion, from Mayor Bauer, was to approve the Project. His motion was amended by Harman to add a condition requiring the developer to pay for the proposed changes in the center median of the.street. The amended motion failed due to a tie vote. (Bauer, Hannan Dettloff yes, Green, Garofalo, Sullivan no.) Next, Councilmember Garofalo moved to approve the Project as previously moved by Bauer, but with the proviso that Huntington Street remain open to through traffic. The vote on the Garofalo motion was the mirror opposite of the Bauer motion: a tie,with Hannan,Bauer and Dettloff voting no. Councilmember Garofalo has asked if reconsideration of the motions discussed above is in order. ISSUE When a motion receives a tie vote, is reconsideration in order? If so,who has standing to make the motion for reconsideration? ANSWER When a motion receives a tie vote, reconsideration is not in order. Under Robert's Rules of Order, adopted by the City Council as its procedural rules, only a member who voted with the majority on a particular motion can move for its reconsideration. Since neither motion received a majority,neither motion can be reconsidered. ANALYSIS Applicable Rules, The City Charter provides that the City Council shall establish rules for the conduct of its meetings. (Charter, Section 304(c).) The Council has adopted a City Council Manual that establishes Robert's Rules of Order, Newly Revised as it exists or future revisions thereof, as the controlling document 1 4/s:G:4-97Memos:Tie Vote I "1 in the absence of any expressed Charter provision, ordinance, or resolution. (City Council Manual, Revised 1993, Section 1.04.01.) Rules on reconsideration. Robert's Rules provides for a motion to reconsider. A motion to reconsider "enables a majority in an assembly, within a limited time and without notice,to bring back for further consideration a motion-,which has already been voted on. The purpose of reconsidering a vote is to permit correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote." (Robert's Rules, Section 36.)(Emphasis added.) To avoid abuse, the motion to reconsider may only be brought by a member who voted with the prevailing side of the original motion, and a matter cannot be reconsidered twice. Otherwise, a defeated minority could create legislative gridlock by endlessly moving to reconsider matters that have previously been decided. Rules on tie votes. The City Council Manual Section 1.04.11, entitled Tie Votes, reads as follows: If a vote is a tie, the motion fails except that on appellate matters a tie vote on a motion to sustain the lover body's decision has the effect of sustaining the decision of the lower body. This rule is consistent with the most basic principle of democracy, namely,that to become the act or choice of the entire body, a proposition must be adopted by majority vote. Quite simply, it must receive direct approval of more than half of the members present and voting to be adopted. Thus, a motion that receives a tie vote fails, because it failed to be affirmatively adopted by the assembled body. This rule is also consistent with the quasi-judicial role of the Council as an appellate body. The general rule of appeal is that the decision of the lower body stands, unless it is affirmatively rejected by the appellate body. Therefore,the City Council must take affirmative action in order to overrule a decision of the Planning Commission. A City Council motion that fails because of a tie vote does not overturn a decision of the Planning Commission. CONCLUSION When a motion receives a tie vote, reconsideration is not in order. There is no prevailing side. The"tie vote, motion fails''rule does not give the"no"voters standing to move reconsideration. To do so would contradict the intent of both rules and unduly empower a non-majority. The better view is that there is no prevailing side on a tie vote. A tie is a tie because it has failed to receive a majority, Since neither motion received a majority, neither can be reconsidered. Gail Hutton City Attorney c: Honorable Mayor and Members of the City Council Michael Uberuaga, City Administrator Ray Silver, Assistant City Administrator Connie Brockway,City Clerk Melanie Fallon, Director of Community Development 2 4/s:G:4-97Memos:7ie Vote FnfArf nm Pormif - 0 MEN mwtm WE MEMO ft blic Hearing a Restaurant ain Street 1111,11111IMMIN j Reason For Hearing April 11 , 2002 the Huntington Beach Police Department processed a renewal for an entertainment permit for Ibiza restaurant. The owner Eugene Gallagher requested two changes to the previous permit. #1 to extend hours of entertainment until 1 :30 a.m. Existing hours end at midnight. ■ #2 add dancing. The police department rejected both of these changes to the permit & renewed the entertainment permit as had previously existed. Mr. Gallagher is appealing his request to the city council per 5.40.070 h,B.M.C. 2 Considerations ■ Ibiza Restaurant originally permitted to be "Themed Dining Entertainment". ■ The proposed changes would make Ibiza more of a nightclub than a restaurant with entertainment. ■ Currently 16 of our 32 downtown "on sale" licensed premises have entertainment permits. ■ Police department available resources. ■ Steady increase in "calls for service" in the downtown area. 3 • The past 15 months Ibiza has had 5 incidents involving fights, 3 Entertainment permit violations involving loud music and dancing. • 5.44.010 (c) HBMC • Stats and staffing • First 5 months of 2002 approx. 40% increase Drunk Driving accidents. DUI Arrest up 25%. • Summary 4 ABC On-Sale Establishments With Entertainment Permits: Arriba Baha Cantina 126 Main Avila El Ranchito 318 Main Chimayo's 315 PCH Duke's 317 PCH Fred's Mexican Caf6 300 PCH Gallagher's 300 PCH H.B. Beer Company 201 Main Hurricanes 200 Main Ibiza 209 Main Inka Grill 301 Main Longboards 217 Main Momo's 211 Main Mr. K's 300 PCH Perq's 117 Main Sunset Mediterranean Grill 300 Main Tuna Town 221 Main Waterfront 21100 PCH Without Entertainment Permits: Aloha Grill 221 Main B.J.'s Pizza 200 Main Beach Cafe 328 111" Blackwatch Pub 204 Adams Crabby Kenny's 200 Main Luigi's 221 Main Pete's Mexican Food 213 5`h Red Pearl 412 Walnut Redz 424 17`h Ruby's Diner 1 Main Street The Shed 210 5`h Shorehouse Cafe 520 Main Spark Woodfire Pizza 300 PCH The Spiral 301 Main Taco Surf(Moon Shadows) 500/600 Block of Main Wahoo's 120 Main Mr. & Mrs. W.G. Gallegos 205A 5t' Street Huntington Beach, CA 92648 (714) 960-1317 To: City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 _T cz C= C > C C? Z yr `.- June 26, 2002 O c,_+ C) CJ C7 Dear City Council Members, D With amazement, disbelief and a chuckle we listened to the City Council meeting about item D-3 on the agenda of the City Council meeting of June 17, 2002. Council member Pam Houchen announced that the residences 208 A and 208 B on 5th Street would be converted to offices. Nothing could be further from the truth. Although it is correct that we are selling the property and we are in escrow, the apartments will remain residences and the new property owner will move into the apartment we now reside in. The occupant of the other unit has no intention of moving out. Steely, Philomene P. Gallegos. CONTINUANCE OF PUBLIC.HEARING T STATE OF CALIFORNIA ) o COUNTY OF ORANGE ) SS CITY OF HUNTINGTON BEACH ) z CO I, Connie Brockway, declare as follows: D That I am the City Clerk of the City of Huntington Beach; that at a regular meeting of the City Council/Redevelopment Agency of the City of Huntingtor Beach held Monday, June 17, 2002, said public hearing was opened a'na dyv-z->� continued to the time and place specified in the NOTICE OF CONTINUANCE attached hereto; and that on Tuesday, June 18, 2002 at the hour of 2:30 p.m., a copy of said notice was posted at a conspicuous place near.the'door at.which the meeting was held. I declare under penalty of perjury that the foregoing is true and correct. Executed on Tuesday, June 18, 2002 at Huntington Beach, California. CONNIE BROCKWAY, CITY CLERK by: Deputy Ci Clerk / Post pursuant to Government Code Sec 'on 54950 1 declare under penalty of perjury that 1 am employod by the city of Huntington Beach, in the city dark's office and that 1 g:\agendas\agmisc\Pubhear-Con6nued.doc posted this Agenda an the Bulletin Board in the outsIde p r+d at the Civic Cant n at a 30 a.m m j (8) June 17, 2002 -Council/Agency Agenda - Page 8 D-3. (City Council) Public Hearing to Consider Appeal Filed by Eugene Gallagher of Two Conditions of Entertainment Permit for Ibiza Restaurant (209 Main Street) Public hearing to consider the following: Appel Iant/Appl!cant: Eugene Gallagher Request: To appeal two conditions to the entertainment permit issued April 17, 2002 to Ibiza Restaurant, 209 Main Street, Huntington Beach. The Appellant/Applicant is requesting: (1) An extension of the hours of indoor entertainment to 1:30 a.m. and (2) Deletion of the prohibition of dancing at the location. Location: 209 Main Street, Huntington Beach, CA 92648 Police Department Contact: Preston Linker All interested persons are invited to attend said hearing and express opinions or submit evidence for or against the appeal as outlined below. A copy of the appeal is on file in the City Clerk's Office,2000 Main Street, Huntington Beach,California 92648,for review by the public. 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. On File: Copies of the proposed request is on file in the City Clerk's Office,2000 Main Street,Huntington Beach,California 92648,for inspection by the public after Friday,June 14,2002. A public hearing is required by the Huntington Beach Zoning and Subdivision Code Section 248.04. Written communications to the City Council may also be mailed to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing *"PowerPoint presentation titled Entertainment Permit is included in the agenda packet. Recommended Action: Motion to: Uphold the permit as issued by the Police Department. Public Hearin_g Opened and Closed Motion to refer appellantlapplicant to Planning-Commission for Conditional Use Permit Application.and to extend the hours of operation as requested. Motion Failed 3-3-1 (Houchen Winchell Green Aye, Boardman Cook Bauer No, Dettloff absent) Continued decision to 7/1/02 Council Meeting 6-0-1 (Dettloff absent) T_ PN C CO declare Li: jc+ ofl';wry tnat I am the City of Huntington Beach, in the city cleric's��� I M posted this Agenda am e �-r --Age he Bulletin and otft we pcsttr� , at the Civic Canter enT d= gm� N -i -o Dda � D K►LDW Nb hV pa�)d� MEETING DATE: June 17, 2002 DEPARTMENT ID NUMBER: PD-02-010 Council/Agency Meeting Held: OJhd2 Deferred/ ued t 7-0 -62 6-0-1(vp11'w1k A7ff+R pprov d ❑ Convi�naI pro ed L1 Deo�d O�:p• I y Cler ' Signature it/ .4j7iT Council Meeting Date: June 17, 2002 Department ID Number: PD-02-010 z c CITY OF HUNTINGTON BEACH ti REQUEST FOR ACTION `-' c c - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBE _ % -<.:'._ t SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORC'� J PREPARED BY: RONALD LOWENBERG, CHIEF OF POLICE SUBJECT: APPEAL OF ENTERTAINMENT PERMIT FOR IBIZA RESTAURANT i Eate:me:nt:o:f Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Mr. Gallagher, the representative for Ibiza Restaurant, located at 209 Main Street, is requesting an appeal of two conditions of the entertainment permit issued to Ibiza Restaurant. The permit was issued from the Police Department. Funding Source: N/A Recommended Action: Uphold the permit as issued by the Police Department. Alternative Action(s): 1. Deny the permit. 2. Modify the permit. 3. Continue the appeal of the permit and direct staff accordingly. Analysis: Background and Procedure: Huntington Beach Municipal Code Chapter 5.44 requires an establishment to obtain an entertainment permit if the establishment provides or permits any type of entertainment. HBMC 5.44.020(b)(1)(a) defines entertainment as: a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate, or is RCA Ibiza Restaurant.doc ver 6/6/2002 2:59 PM REQUEST FOR ACTION MEETING DATE: June 17, 2002 DEPARTMENT ID NUMBER: PD-02-010 conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons... Pursuant to Huntington Beach Zoning and Subdivision Code Section 248.20 (as referenced by HBMC 5.44.070), City Council shall hear the appeal of the entertainment permit as a new matter. The applicant, Ibiza Restaurant, has the burden of proof. The City Council may grant, conditionally grant, or deny the entertainment permit and/or any of its conditions, in part or in its entirety. Appeal of Condition #1: Condition #1 limits the hours of entertainment. The Police Department determined that the appropriate hours of entertainment were: Indoors: 11:00 AM to Midnight Daily Rooftop: 11:00 AM to 8:00 PM Daily The Police Department restrictions are based on Ibiza Restaurant's proximity to nearby residences. All businesses of this type, which are adjacent to, or in close proximity of residences have similar hours of entertainment as a condition of their permit. Mr. Gallagher is requesting that the indoor hours of entertainment be extended from midnight to 1:30 a.m. daily. The Police Department recommends City Council uphold the hours of entertainment as issued on the entertainment permit. Appeal of Condition #6: Condition #6 prohibits dancing at the establishment. As the Conditional Use Permit (C.U.P.) for Ibiza Restaurant prohibits dancing, the Police Department includes this restriction on the entertainment permit for consistency. Mr. Gallagher is requesting that dancing be allowed at the location. If Council elects to modify the entertainment permit, Ibiza Restaurant must process an Entitlement Plan Amendment (EPA) to their previously approved CUP to delete the condition prohibiting dancing. The EPA is discretionary and subject to review by the Planning Commission. The Police Department recommends the City Council uphold the prohibition of dancing at the establishment. Environmental Status: N/A RCA Ibiza Restaurant.doc - 6/6/2002 2:59 PM p`Z. REQUEST FOR ACTION MEETING DATE: June 17, 2002 DEPARTMENT ID NUMBER: PD-02-010 Attachment(s): City Clerk's Page Number No. Description 1 Entertainment Permit for Ibiza Restaurant issued April 17, 2002 2 Appeal request from Eugene Gallagher dated May 3, 2002 3 HBZSC Chapter 248 & HBMC Chapter 5.44 4 1 Aerial Photographs RCA Author: Erik Krause/Shawna Krone-Schmidt Ibiza Restaurant.doc -d- 6/7/2002 4:25 PM 3 ATTACHMENT # 1 ENTERTAINMENT PERMIT THIS PERMIT ALLOWS ONLY THE ACTIVITY SHOWN BELOW BY THE PERSON OR PERSONS TO WHOM THE PERMIT IS ISSUED. THIS PERMIT IS NOT TRANSFERABLE. ISSUED TO: IBIZA RESTAURANT 209 Main St. Huntington Beach, CA 92648 EFFECTIVE DATE: April 1,2002 to April 1, 2003 CONDITIONS: 1. Hours of Entertainment: Indoors: 11:00 AM to Midnight Daily Rooftop: 11:00 AM to 8:00 PM Daily 2. Types of Entertainment: Entertainment, amplified, and non-amplified, not otherwise prohibited or regulated b i y rdinance or City Permit Process, or any conditions set forth by the A.B.C., is approved. 3. Rooftop Entertainment shall be limited to 2 performers, non-amplified acoustical instruments. Bass guitar and percussion instruments prohibited. Rooftop entertainment will not be audible beyond 20 feet. 4. Roof Top Dining will be limited to 9:00 AM to Midnight Daily. 5. Food Service shall be required with all alcohol sales on the Roof Deck. 6. Dancing is not allowed. 7. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. Alcoholic drinks shall not be included in the price of admission. 8. Entertainment will not be audible beyond 50 feet of the building in any direction. (HBMC 5.44.050(a)). 9. All exterior doors and windows shall be closed during times of entertainment. All amplified entertainment must remain inside the establishment at all times. 10. Security Guards: At least (1)when entertainment is present. The guards must be clearly identifiable as security guards. When occupancy exceeds 100, one additional guard per 100 persons must be present. 11. This permit is valid only when used in conjunction with a valid Conditional Use Permit allowing entertainment at the premises. .12. This permit must be posted in a conspicuous place on the premises described above. 13. Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any violations of your A.B.C. License or Conditional Use Permit, can result in the suspension or revocation of your Entertainment Permit. 14. Per section 5.28.030 HBMC, No person conducting, maintaining or carrying on a business, or having charge or control thereof, which permits entertainment to be allowed on its premises, shall permit to be admitted on such business premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. 15. Must obey all state, local, and municipal laws, including, but not limited to,the"No Smoking" statue under Labor Code 6404.5. You have>the right to appealthe:cogd�t�ons;on this permit to the City Councillin the manner provided by=5ection248 02Aof theHuntmgtgn Beach Zoning and Subdivision Ordinance;=except that the written appeal must�be,�filed with the City Clerk w�thmfiue(5)'days of service ofthis written notice x -���,ti ISSUE DATE: April 17,2002 RONALD E.LOWENBERG Chief of Police CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P. 0. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 RONALD E. LOWENBERG Chief of Police Dear Licensee: You,the licensee,are responsible for maintaining your establishment to ensure that police related calls for service do not exceed more than 15 in a 12-month period(Huntington Beach Municipal Code 5.44.050). Exceeding 15 police related calls for service within a 12-month period,may result in a suspension, revocation,or denial of your Entertainment Permit. The Huntington Beach Police Department's Vice Unit will use a call-by-call guideline for police related calls for service against those establishments with an Entertainment Permit. These calls for service will be accumulated throughout the year of your Entertainment Permit. The year will begin and end with the issuance month of your Entertainment Permit. Noise complaints in violation of 50 feet,intoxicated subjects,minors consuming alcohol,excessive disturbance calls,and violations of Entertainment Permit Conditions,are types of calls for service that may be counted against your establishment. An excessive amount of calls for service may affect your ability to provide entertainment for your patrons and your ability to serve alcohol. You will receive quarterly reports on the total number of calls for service at your establishment. Each quarter's report will indicate the accumulation of calls for service at your establishment,and serve as a notice of the total number of calls received and handled at your establishment by the Huntington Beach Police Department. This quarterly reporting process will provide you,the licensee,with the type of calls for service handled at your establishment. The Huntington Beach Police Department encourages you,as the licensee,to make every attempt to handle problems that occur directly,or indirectly,at your establishment. If a problem does occur that you,or your employees,cannot handle without police involvement,or a crime in progress is occurring,then you are encouraged to contact the Huntington Beach Police Department. Each call for service will be evaluated on a case-by-case basis. Calls in good faith to prevent injury,theft,or damage are encouraged. If you have any questions,please feel free to contact Detective Krause at(714)536-5994. Sincerely, RONALD E. 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J Z IW� + ,� iF7,Y�aI`lY� l Ilia°4J1:1r%t4tU \ 1•µStfan� ' a a IrryJ l i � t t7i � ' sa IW 5 tr r Lt 5 ��,�drr.T 7,,}l�! �t ✓�.},�i 5 i( ,et Vi ty"1 WI^ �rit tr. 4r,� A J1 L lllt t 1��o�g off N ]✓ d• '�;•}'f�,Z'�j+��:E yt5.r5 A"1"tf7 3�Ll yy IIR t y ttirE,''y j ��. ✓L + t .r '. � a rSYt k sa ,+.f yfrt.'"-a. 1 akJ��7y/..1 i•;t n ,.y�"VYfrl{'�A •7 l�E' � rT'Z', I. {'li:r , ATTACHMENT #3 i i e�r>f ` ndn ees » <ad .......:... a < :.:� Sections: 248.02 Director's Duty to Give Notice 248.04 Notice Requirements 248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden of Proof 248.08 Requirement that Findings be Made Upon Grant of Application 248.10 Time and Manner of Decision 248.12 Time Limit on Reapplication for Same Matter 248.14 Denial Without Prejudice 248.16 Finality of Decision and Time for Appeal 248.18 Designation of Hearing Body on Appeal 248.20 Appeal of Decision 248.22 Appeal of a Failure to Act 248.24 Appeal of Decision Not Otherwise Provided For 248.26 Fee for Appeal 248.28 Appeal by City Council Members or Planning Commissioner 248.30 Effective Date of Decision 248.02 Director's Duty to Give Notice .Within sixty(60) days after final environmental evaluation the Director shall give the notice of public hearing required by law. The form of the notice shall contain: A. The date, time and place of the hearing; B. A general explanation of the matter to be considered, including a general description of the area affected; C. Other information which is required by statute or specific provision of this code or . which the Director considers necessary or desirable. (Rest of page not used) Huntington-Beach Zoning and Subdivision Ordinance Chapter 248 248-1 5/97 _ i 3I 248.04 Notice Requirements yi 1 Type of Action Notice Requirement* Reference to Notice Requirement A. General Plan Adoption . or Amendment 65090, 65091 65353 B. Zoning Ordinance Planning Commission(Gen.) 65090 65853--65857 Planning Commission(Uses) 65090, 65091 65853--65957 City Council 65090 65853--65857 C. Variance, conditional use permit, 65091 65905 development agreement, special sign permit, revocation, modification or appeal D. Subdivision 65090, 65091 66451.3(a) E. Home occupation revocation 65091 65905 *References are to the Government Code These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner. A reviewing body designated to hear a matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law. Public notice requirements for coastal development permits shall be as described in Section 245.20 or 245.22. (3M4) 248.06 Rules Governing Conduct of Hearing: Opportunity to be Heard and Burden of Proof Public hearings shall comply with minimum procedural standards prescribed by Government Code section 65804. Each person interested in a matter that is the subject of a public hearing shall be given an opportunity to be heard. In each case, the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal. 248.08 Requirement that Findings be Made Upon Grant of Application A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this ordinance code to be given, the body shall make findings to support its decision. Huntington Beach Zoning and Subdivision Ordinance _ Chapter 248 248-2 5/97 B. Subsection A applies only to a determination made in the reviewing body's adjudicatory capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a zoning or subdivision provision. The existence or non-existence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. 248.10 Time and Manner of Decision A. Form. After hearing the evidence and considering the application, the reviewing body, i.e., Zoning Administrator, Planning Commission, or City Council, shall make its decision. The decision shall be in the form of a written statement, minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision. B. Time. The reviewing body shall formulate its written findings within 5 calendar days after the decision. C. Notice of Decision. The Director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings within 5 working days of the decision, excluding weekends and holidays. The Director shall also have notice of the decision posted and distributed to the Planning Commission and City Council within 48 hours of such decision. D. " Acceptance is Applicant's Agreement. The applicant's acceptance of the decision is.an agreement to comply with the decision and its terms and conditions. . 248.12 Time Limit on Reapplication for Same Matter j 'If an application is denied and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final except as provided in section 248.14 for denial "without prejudice." 248.14 Denial Without Prejudice If the application is denied "without prejudice,"the applicant may reapply for substantially the same request without complying with the time limit prescribed in section 248.12. 248.16 Finality of Decision and Time for Appeal A decision on a discretionary approval is not final until the time for appeal expires. The time for appeal from a decision by the Zoning Administrator,the Environmental Assessment Committee, Subdivision Committee, Design Review Board, or the Planning Commission shall be filed within ten calendar days after the date of the decision. Appeals may not be processed on actions which must be heard by and receive final action by the City Council, except"that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission as described in Section 245.32. (3334) Huntington Beach Zoning and subdivision Ordinance Chapter 248 248-3 5/97 248.18 Designation of Hearing Body on Appeal The Planning Commission shall hear an appeal from the decision of the Director, Zoning Administrator, Design Review Board, Environmental Assessment Committee, and Subdivision Committee. The City Council shall hear an appeal from the decision of the Planning Commission. The decision of the City Council is final, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission. (3u4) 248.20 Appeal of Decision A. Notice of Appeal. A person desiring to appeal a decision shall file a written notice of appeal with the Director within the time required by section 248.16 except an appeal to the Planning Commission's decision shall be filed with the City Clerk. This section shall not apply to any action which must be heard by the City Council whether or not an appeal from the Planning Commission is filed. B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The Director may provide the form of the notice of appeal. A defect in the : form of the notice does not affect the validity or right to an appeal. C. Action on Appeal. The Director or City Clerk shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 248.02 and 248.04. D. De Novo Hearing. The reviewing body shall hear the appeal as a new matter: The.. original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken. E. Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or may modify the order, requirement, decision, or determination that is being appealed. 248.22 Appeal of Failure to Act An applicant may appeal the failure of the Zoning Administrator, Design Review Board, Environmental Assessment Committee, Subdivision Committee or Planning Commission to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The appeal body shall consider all of the circumstances surrounding the application in determining what is a reasonable time. Huntington Beach Zoning and Subdivision Ordinance _ Chapter 248 248-4 5/97 248.24 Appeal of Decision Not Otherwise Provided For A. Any person may appeal a decision, requirement or determination made by the Director in the administration of the zoning and subdivision ordinances not otherwise provided for in the individual titles of this code. The Planning Commission shall hear the appeal in the first instance. The appeal shall be in writing, filed with the Director and shall specifically set.forth.the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within ten calendar days of the date of the action appealed. B. The notice of appeal shall be in the form provided by Section 248.20 A and B. The Director shall schedule the appeal for consideration by the Planning Commission within 30 calendar days and shall give the appellant ten calendar days notice of the time and place of the hearing. The decision of the Planning Commission may be appealed to the City Council. 248.26 Fee for Appeal The notice of appeal shall be accompanied by the fee fixed by resolution of the City Council. 248.28 Appeal by City Council Member or Planning Commissioner A. A City Council member or a Planning Commissioner may appeal a decision of the Director, Design Review Board, Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning Administrator. The appeal shall be processed in the same manner as an appeal by any other person but need not be accompanied by the fee prescribed for an appeal. B. The City Council member or Planning Commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. 248.30 Effective Date of Decision A decision on a discretionary approval becomes effective at the end of the appeal period. The decision of the City Council is final on the date of its decision, except that decisions on coastal development permits for development located in the appealable area of the coastal zone, the effective date is the day after the Coastal Commission appeal period expires and no appeals were filed or the date upon which final action on the appeal occurs. (3334) Huntington Beach Zoning and subdivision Ordinance Chapter 248 248-5 5/97 _ Huntington Beach Municipal Code 5.44.010-5.44.015(a) Chapter 5.44 RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES (1265-12/66,1444-10/68,1454-12/68,3213-11/93,Urg.3247-8/94.Urg.3341-10/96,3449-22000) Sections: 5.44.010 Entertainment permit required 5.44.015 Entertainment restrictions 5.44.018 Beverage License--Minors on Premises 5.44.020 Definitions 5.44.025 Repealed—Ordinance 3213-11/93 5.44.030 Entertainment permit--Application 5.44.040 Permit--Application fee 5.44.050 Permit--Granting 5.44.060 Permit--Period valid 5.44.065 Permit--Notice to Applicant of Action Taken 5.44.070 Permit--Appeal of decision — 5.44.080 Exclusions 5.44.090 Revocation and/or Suspension of permit 5.44.095 Revocation of Permit--Notice to Applicant of Action Taken 5.44.097 Revocation/Suspension--Appeal of Decision 5.44.100 Revocation of permit--Reapplication 5.44.010 .Entertainment permit required. (a) No person shall provide or permit any type of entertainment in a coffee shop, restaurant, nightclub, or place where food or other refreshments are served and which is open to the public unless such person shall first obtain a permit to do so from the Chief of Police as hereinafter provided. (1265-12/66,1454-12/68,2541-3/82,3213-11/93) (b) Every establishment in the City of Huntington Beach is subject to the requirements of this chapter, if entertainment or dancing is conducted or proposed to be conducted in such establishment. (3213-11/93) (c) No entertainment or dancing will be allowed in any establishment, unless a permit therefor is gianted, in compliance with the provisions of this chapter, and unless said establishment is'in complete compliance with every other applicable law which may otherwise apply to the operation of the establishment. p213-11P93) (d) The Issuance of a Sex Oriented Business Permit pursuant to Chapter 5.70 of this Code is applicable satisfies the entertainment requirement of this Chapter. A separate entertainment permit is not required. (Urg.3341-10/96)- 5.44.015 Entertainment restrictions. The permittee shall: (=000) (a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the business in any direction; and(zmw) =000 5.44.015(b)—5.44.020(3) Huntington Beach Municipal Code (b) restrict the entertainment provided to that entertainment which is specified in the entertainment permit; and(2/2000) (c) follow all other conditions as set forth in the entertainment permit and in the license as issued by the State of California Alcohol Beverage Control; and(2t2000) (d) ensure that all areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all persons in the business; and(2/2000) (e) post the permit conspicuously in business premises. (3213-11/93,3449-2a000) 5.44.018 Beverage License--Minors on premises. No person conducting, maintaining or carrying on a business, or having charge or control thereof, which has entertainment on its premises shall permit to be admitted on such business premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under . the care at all times of his parent or parents or legal guardian. (3449-zww) 5.44.020 Definitions. The following definitions shall be for purposes of this Chapter only, unless specifically adopted by another section of the Huntington Beach Municipal Code for use therein. (1265-12/66,2541-3/82,3213-11193) (a) Establishment(sl. Except as otherwise provided, and for purposes of this Chapter, an "establishment" means any location within the limits of the City of Huntington Beach to which the public may be invited where alcoholic beverages are served. (3213-11/93) (b) Entertainment. As used in this Chapter, "entertainment" means a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including, but not limited to: (3213-11/93) (1) (a) Any amusement or event such as live music or other performance which is knowingly permitted by any establishment subject to this chapter, including presentations by single or multiple performers, such as hypnotists, pantomimes, comedians, song or dance acts, plays, concerts, any type of contest; sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews,and any other such activity which may be attended by members of the public. (3213-11/m) (b) Live or recorded music where public dancing is permitted. (3213-1u93) (2) Any event controlled, conducted, sponsored, encouraged, or knowingly permitted, by an establishment subject to this chapter,which involves any of the activities described in the foregoing paragraphs which is presented by members of the public,whether or not the participants in said activities are compensated by the establishment. (3213-11/93) (3) Establishments which provide juke boxes, televisions, video games, video programs, or 212000 Huntington Beach Municipal Code 5.44.020(3)—5.44.030(b)(2) recorded music and no other entertainment, as herein defined, are not required to comply with the provisions of this chapter,unless the recorded music is played on equipment which is operated by an agent or contractor of the establishment for a period exceeding ten(10) minutes per hour. The intent of this section is to require a permit of establishments which provide that which is commonly known as a "DT' and to exempt establishments.which provide incidental or ambient music. (3213-11/93) (c) Dancin . "Dance and Dancing" is defined as movement of the human body, accompanied by music or rhythm, except however, "dance and dancing", as used in this chapter, means dancing by patrons only; any other form of dance is deemed "entertainment", as defined herein. (3213-11/93) (d) Patron(s). "Patron(s)" is defined as a member or members of the public who enter any establishment subject to this chapter, except as hereinafter provided. (3213-11193) "Patron(s)" do not include: (3213-11/93) (1) any agent, owner, employee or contractor of an establishment subject to this chapter. Any person who indirectly or directly receives anything of value in exchange for his or her services rendered on behalf of such establishment shall be considered an "employee" hereunder; (3213-11/93) (2) any agent or representative of any governmental entity of any description whatsoever, including ad hoc boards,task forces, and commissions, provided that such agent or representative enters an establishment, acting in his or her official capacity on behalf of said governmental entity; (3213-11/93) (3) persons who conduct entertainment at the subject establishment. (3213-11/93) 5.44.030 Entertainment permit--Application. (3213-11193) (a) If a Conditional Use Permit, or any other entitlement, except a certificate of occupancy, is required for the use of any establishment which proposes to provide, or which does provide, entertainment or dancing, the provisions of this chapter shall be satisfied before application is made to the City for any such use permit or entitlement. The body before whom such entitlement application is heard shall not impose any condition inconsistent with the conditions imposed on a permit issued pursuant to this chapter. (3213-11/93) (b) Applicants for entertainment permits shall file a written, signed and acknowledged application with the Business License Department showing: (3213-11/93) (1) The true, full name and any other names, including aliases, used by the applicant, and the permanent address of applicant; (3213-11/93,3449-2/2000) (2) The days of the week, specific hours and address where the entertainment is proposed; (3213-11/93,3449-2rM) 22000 5.44.030(b)(3)—5.44.030(17) Huntington Beach Municipal Code (3) The true, full name or names and any other names, including aliases of the person or persons having the management or supervision of applicant's business; (3449-2n000) (4) A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment; (3449-2rmw) } (5) Whether or not the person or persons having the management or supervision of applicant's business have been convicted of a crime, the nature of such offense, and the sentence ' received therefor; (3449-2n000) (6) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business as the Chief of Police may deem necessary. (1 2s5-1 2r66,1 454-1 2r68,3449-2r2o00) (7) A floor plan and site plan showing the building interior and grounds, including.parking spaces; and the dimension of each portion. (3213-11/93,s449-2rAW) _ t. (8) A copy of any other licenses, permits, or entitlements issued to the applicant for this establishment or use by the State of California Alcoholic Beverage Control and any conditions pertaining to that license. (3213-1 1r9s,3449-2=00) (9) A copy of all Conditional Use Permits for the premises. (urg.324748r94,3449-2r2o00) . (10)A copy of any other permits, or entitlements issued to the applicant for this establishment or use. (3449.2r2000) (11)A copy of any building or property lease or contract for the address for which the entertainment will take place. (3449-2r2ow) (12)The name and address of the owner and lessor of the real property upon which the business is to be conducted. (3449-2moo) (13)Acceptable written proof that the applicant is at least eighteen(18)years of age. (3449. 2r2000) (14)The social security number and state driver.license or identification card number for the. applicant. (3449-2rAw) (15)The address to which the Entertainment Permit is to be mailed. (3449-2r2000) (16)A statement under oath that the applicant has read and understands the provisions of this chapter. (3449-zww) (17)A statement under oath that the applicant has personal knowledge of the information contained in the application and that the information contained is true and correct. (3449- =000) 2r20o0 i Huntington Beach Municipal Code 5.44.040—5.44.050(8) 5.44.040 Permit--Aanlication fee. A fee of two hundred dollars($200) shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of the application. This fee amount shall be valid for a period of one year from the date of adoption of this ordinance. Thereafter the fee shall be set by resolution of the City Council. (1265.12166,3213-11193) 5.44.050 Permit--Grantin>:. After the making and filing of the application,the Business License Department shall refer the matter to the Chief of Police for investigation and report thereon. The Chief of Police shall approve and issue an entertainment permit if the application and evidence submitted show that: (1265-12166,1444-10168.3213-11/93,Urg.3247-8/94) (1) The granting of previous entertainment and other related permits to the applicant has not, in the past, resulted in the operation of a business or businesses which have created loud and/or unreasonable noise levels for that location, as regulated by Huntington Beach Municipal Code Section 8.40, or excessive disturbances to the surrounding environment such that calls for services-to the Police Department have exceeded fifteen(15)in the preceding twelve (I2) months, and (urg.3247-&94) (2) The applicant or business has not been previously convicted of disturbing the peace and/or the creation of and failure to abate a nuisance as defined in the California Civil Code, or Huntington Beach Municipal Code Section 17.10, and(Urg.3247-8/94,3"9-2rz000) (3) The entertainment to be provided would not attract crowds considered large for that location, would not overwhelm the available police and safety services, and would not be incompatible with the surrounding environment, and (Urg.3247-&94,ZWW) (4) The premises within which the entertainment is to be presented shall provide sufficient sound- absorbing insulation such that noise generated within the premises shall not be in violation of Huntington Beach Municipal Code Section 8.40 in relation to adjacent property or public right-of-way or within any other building or other separate unit within the same building, and (Urg.3247-8/94) (5) Considering where the entertainment is to be presented and its proximity to other businesses, residences, and the surrounding environs, there exist possible effective means of mitigating the noise emanating from the business to a level of insignificance and in compliance with Huntington Beach Municipal Code Section 8.40, and (Urg.3247.8194) (6) The place of entertainment is to be located in a zone permitting the proposed use under Chapter 211 of the Huntington Beach Ordinance Code, and (Urg.32474w) (7) All signage conforms to the requirements for that zone, and (Urg.3247-8/94) (8) The granting of an entertainment permit would not violate.other sections of the Huntington . Beach Municipal Code or other applicable municipal, state, or federal laws, and (urg.3247-0194, 3449-212000) 2/2000 5.44.050(9)—5.44.090(a) Huntington Beach Municipal Code (9) The required fee has been paid. (ur9.3247-8/94,3449-22000) 5.44.060 Permit--Period valid. The permit shall be granted for the specific occasion requested, or if the request is for continuous permit, the permit shall be issued for not longer than one year. (1265-12166) 5.44.065 Permit--Notice to Applicant of Action Taken. Within twenty(20)working days after the making and filing of the application, unless the applicant signs a written waiver of notice, the Police Department shall mail or personally deliver written notice to the applicant stating the action that was taken on the application, together with a list of any conditions imposed if the application is granted or, if the application is denied,the specific grounds for the denial. The notice shall also advise the applicant of his/her right to appeal the denial of his application or any of the conditions imposed. (3213-11/93,3449-2/2000) 5.44.070 Permit--Appeal of decision. Any permittee aggrieved by the decision of the Chief of Police to deny or impose any conditions on such a permit may appeal to the City Council in the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5) days of service of written notice of the Chief of Police's decision. (1444-10/68,3213-11/93,3449-2/2000) 5.44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to require a permit for the following: (a) For the use of a radio or music recording machine, or juke box in any establishment; (b) For any entertainment provided for members and their guests at a private club where admission is not open to the public; (c) For entertainment conducted in connection with a regularly established recreation park, circus or fairground; (d) For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association. (1265-12 m 5.44.090 Revocation and/or Suspension of permit. The Chief of Police may, revoke or suspend the permit and license of any person holding same in the City,upon receiving satisfactory evidence that the licensee or perinittee has:.(1265-12/66,3213-11/93,3449-2rM) (a) received an administrative citation which has been upheld at an administrative hearing, or been convicted of, or has entered a plea of guilty to any violation of the provisions of this chapter, or of any other law or ordinance of the City or state relating to such business; or (3213-11/93, 3449-2/2000) 212000 5.44.090(b)—5.44.100 Huntington Beach Municipal Code (b) permitted entertainment that is detrimental to the public welfare or that permittee, or his employees, are engaged in conduct or behavior which creates unreasonable noise or constitutes a nuisance, including but not limited to complaints registered with any City Department, the State Alcoholic Beverage Control Board or the County Health Department; or(3449-z2000) (c) The application is discovered to contain incorrect, false, or misleading information; or (d) the business has been in violation of three (3) or more violations of the same provision, or six (6) or more violations of any of the provisions, of this Chapter occur(regardless of whether notice of each individual violation is given to the owner or applicant)within any twelve(12) month period; or(3449-z2=) (e) The permit holder has had a entertainment permit or other similar permit or license denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date-of application. (3449-2/2ow) — 5.44.095 Suspension Revocation of Permit--Notice to Applicant of Action Taken. Upon determining that grounds for permit revocation or suspension exists, the Chief of Police shall furnish written notice of the revocation to the permit holder. Such notice shall summarize the principal reasons for the revocation. If the notice is mailed, it shall be deposited in the United States Mail, first class postage prepaid, to the address shown on the application. Service shall be deemed complete upon personal service or mailed in the United States Mail. The notice shall also advise the applicant of his right to appeal the revocation or suspension of the permit.(3449-2r2ow) 5.44.097 Revocation/Suspension--Appeal of Decision. Any permittee aggrieved by the decision of the Chief of Police to revoke or suspend a permit may appeal to the City Council in the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5) days of service of written notice of the Chief of Police's decision. The notice shall also advise the permittee of his/her right to appeal the revocation or suspension. (3449-zww) 5.44.100 Revocation of permit--Reapplication. Whenever a permit or license is revoked under the terms of this chapter, no other application fora permit under this chapter shall be considered for a period of one year from date of such revocation. (126s.12is6) WOOD ATTACHMENT #4 ! d c. �•. YsY � �� ►. Tyr. � ;,.., �.,. `, '� �, �, i 446 / gr fA4 ' ,► 1 % + \� / / 4 p. � ter � ,,• ��'��• � / ®`'' ,.. 1. �. '�•1, 47��",c'1?Aj' .�ti\, `� -.=9 '/•' //' a Sf�pr/ ..;1 ++rI�/y��� � 4 ,gyp•- �i• /, �,♦ - �,�1 \�,t�\ " /�, r . \� ���� �•� � VV Y M, O 1 ! �f / ) � /•1j G' ' tr r ♦ 1 \.� `■`■\)^^\)))--��(( rye .1 9AA or/ ` ,// '��/",� `ill %f a` `\ � • r�:Y�, f � RCA- ROUTING SHEET INITIATING DEPARTMENT: Police Department SUBJECT: APPEAL OF ENTERTAINMENT PERMIT BY IBIZA RESTAURANT COUNCIL MEETING DATE: June 17, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS .. ..... REVIEWED.. RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk . PLANATION FOR RETURNOF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Erik Krause/Shawna Krone-Schmidt Enterta" inment Public He Ibiza Restaura 209 Main Stree I Z -6 1V 01 OF toot d3 'H3V38 N019NII n;4 A AM Rea For Hearing • April 11 , 2002 The Hun ' ton Beach Police i Department processed a rene for an Entertainment Permit for Ibiza Re urant. • The owner Eugene Gallagher request o changes to the previous permit. • # 1 To extend hours of entertainment until Existing hours end at midnight. • #2 Add dancing. • The Police Department rejected both of these changes to the permit & renewed the entertainme permit as had previously existed. Mr. Gallagher is appealing his request to the City Council per 5.40.070 H.B.M.C. Curren rdt-ainment Permits Along West e of the 200 Block Main et Location Hours 'n HB Beer Company 201 Main 1lam- 11 pm Ibiza 209 Main 11 am-Midnight Momo's z 1 1 Main 11 am-Midnight No Long Board (inside) 217 Main 2pm- 1 am No Long Board (patio) 2pm-8pm No Tuna Town (S,T,WJh)221 Main 6pm-Midnight Yes Tuna Town (Fri/Sat) 6pm 1 :3 Oam Yes ndings • The Ibiza Entitlement Plan Amen nt 00-11 prohibits patron dancing (Conditions of approval section 4 d.). • Petitioner's business (Ibiza) is approx. 56 fee st of residences. • Momo's (next door) has the same midnight restri (entertainment) as Ibiza and is not allowed dancing. • Long Board is approx. 130 feet from residences and is a entertainment until 1 :00a.m. (No Dancing) • Tuna Town is approx. 124 feet from residences and is allowe entertainment until 1 :3 0 a.m. on Fri / Sat. Sunday —Thursday Midnight. • Ibiza's Alcoholic Beverage Control License prohibits dancing. • To add dancing Ibiza would need to submit to the Planning Commission for an Entitlement Plan Amendment. Recomm dations • Deny request for extended hours. • Deny request for dancing. • Refer petitioner_ to Planning Commissio address dancing in an Entitlement Plan Amendment. PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) l am a Citizen of the United States and a N&idt of (1) an extension,of the PUBLIC HEARING hours of indoor enter- resident of the County aforesaid' I am BEFORE THE tainment to 1:30 a.m. CITY COUNCIL OF and (2) deletion of the over the age of eighteen years, and not a THE CITY OF the locat cat of dancing at HUNTINGTON the lion. Location: party to or interested in the below BEACH ing Main Street, Hunt. CA ngton Beach, CA NOTICE IS HEREBY 92648. Police'Depart- entitled matter. I am a principal clerk of GIVEN that on Monday, ment Contact: Preston June 17, 2002, at 7:00 Linker the HUNTINGTON BEACH INDEPENDENT a PM in the City Council ALL INTERESTED Chambers, 2000 Main PERSONS are invited to newspaper of general circulation printed Street, Huntington attend said hearing and r Beach, the City Council express opinions or, and . pu lished In the City of Huntington will hold a public hearing submit evidence for on the following items: .,. against the appeal as Beach ' County of Orange, State of 1 . APPEAL OF outlined below. A copy � ENTERTAINMENT of the appeal is on file.in PERMIT FOR IBIZA the City Clerk's 'Office, California, and that attached Notice is a RESTAURANT: Appli- 2000 Main Street, Hunt-' cant: Eugene Gallagher ingion Beach, California. true and complete copy as was printed Request: To appeal two 92648, for review by the. conditions to the enter- public. If you challenge and published in the Huntington Beach tainment permit issued the City Council's action April 17, 2002 to Ibiza in court,you may be lim- and Fountain Valley issues of said Restaurant, 209 Main ited to raising only those Street, Huntington issues you or someone newspaper to wit the issue(s) of: Beach, CA 92648. The else raised the public- applicant is requesting:, hearing described bed in this notice, or in written cor-I respondence delivered to the City at, or prior to, the public hearing. ON FILE: Copies of' the proposed request is June 6 2��2 on file in the City Clerk's! Office, 2000 Main I Street, Huntington', Beach, California 92648, 'for inspection by the public. A public hearing is re- quired by the Huntington l declare, under penalty of perjury, that i Beach Zoning and! i Subdivision Code, the foregoing is true and correct. Section 248.04. Written! communications. to the City,Council may also be mailed to the City Clerk:' Dated: May 30, 2002 CITY OF Executed on June 6 ��r�� HUNTINGTON BEACH 7 .l�.0 0 2 Connie Brockway, at Costa Mesa, California. 2000 MainStreet, Huntington Beach, CA 92648 Published Huntington Beach Independent June 6, 2002 061-078 Signature CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 26, 2001 Mr. Keith Bohr 415 Townsquare Lane, #219 Huntington Beach CA 92648 Dear Mr. Bohr: The City Council of the City of Huntington Beach at its regular meeting held Monday, March 19, 2001 took action on the following Public Hearing Appeal: Public Hearing to Consider Appeal by Mayor Pro Tern Debbie Cook of Planning Commission's Approval of Application by Keith Bohr of Entitlement Plan Amendment No. 00-11 — Ibiza Restaurant Live Entertainment and Roof Deck Dining at 209 Main Street The City Council upheld the Planning Commission decision and denied the appeal. As part of their approval, Council amended the conditions which will be noted on the Entertainment Permit. The Action Agenda and Findings and Conditions of Approval are enclosed. The March 19, 2001 minutes of the denial of the appeal will be mailed to you following Council .approval of the minutes. 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 March 26, 2001 to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, Connie Brockway, CIVIC City Clerk Enclosure: Government Code 1094.6 Findings and Conditions for Approval Action Agenda Page 10 cc: City Administrator City Attorney Howard Zelefsky, Planning Director Wayne Caralho,Associate Planner g:/followup/appeal/90dayltr.doc (Telephone:714-536.5227) CODE OF CIVIL PROCEDURE § 1094.6 § 1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and party defined; ordinance or resolution (a) Judicial review of any decision of a local agency,other than school district,as the tern Iocal.agency is defined in Section 54951 of the Government:Code,or of any commission,board,officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. (b) Any such petition shall be filed not later than the 90th day following the date on-which the decision becomes final. If there is no provision for reconsideration of the decision, or for a ivritten decision or written findings supporting the decision, in any applicable provision of any statute,ebarter,'or rule, for the purposes of this section, the decision is final on the date it is announced. If the decision is not announced at the close of the hearing,the date,time,and place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration,the decision is final for purposes of this section upon the expiration of the period during which'such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings,the decision is final for purposes of this section upon the date it is marled by first-class mail, postage prepaid, including a copy of the affidavit or*certificate of mailing, to th'e party seeking.the writ. Subdivision(a) of Section 104 does not apply to extend the time,following deposit in.- the mail of the decision or findings,within which a petition'shall be filed. (c) The complete record of the proceedings'shall be prepared by'the local agency of its commission,- board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its'actual costs for transcribing or otherwise preparing the record. Such record shall include the bsnscript.of the. proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision,all admitted exlubits,0 rejected exhibits in the possession of the local agency or its c6mrinksibn,: board,officer,or agent,all written evidence,and any other papers in the case. (d) If the petitioner files a request for the record as specified in subdivision(c)within 10 days after the date the decision becomes final as provided in subdivision(b),the time within which a petition pursuant to Section 1094.5 may be filed shall be 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 record, if he has one: (e) As used in this.section, decision means a decision subject to review pursuant to Section 1094.5, suspending,demoting,or dismissing an officer or employee,revoking, denying an application for a permit,license, or other entitlement, imposing a civil or administrative penalty, fine, charm or cost, or denying an application for any retirement 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 employee who has been suspended,demoted or dismissed;"a person whose permit,license,or other entitlement has been revoked or suspended,or whose application.for a permit,license,or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a.shorter statute of limitations,in which case the shorter statute of limitations shall apply. (Amended by Stets. 1983, c.818, § 3; Stats.1991,'c. 1090 (AJ3.1484),'§ 6; Stats.1993, c. 926 (A 32205); § 5; Stats.1995,c.898(S.B.814),§ 1.) FINDINGS AND CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 00-11 FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act(CEQA) pursuant to Section 15301 of the CEQA Guidelines which exempts minor alterations and additions to existing structures. FINDINGS FOR APPROVAL-ENTITLEMENT PLAN AMENDMENT NO. 00-11: 1. Entitlement Plan Amendment No. 00-11 for the modification to the faoade, use of the 2,530 sq. ft. roof deck for dining purposes, establishment of live entertainment at a previously approved restaurant, and approval of a parking in lieu fee participation agreement,will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based upon the conditions imposed,the project will not adversely impact the adjacent commercial and residential uses. The proposed modification will improve the building's appearance from Main Street and the alley. 2. The roof deck and live entertainment uses will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach.Zoning and Subdivision Ordinance. In addition, any specific condition required for the proposed use in the district in which it would be located. The live entertainment and restaurant uses will comply with all aspects of the Downtown Specific Plan, as well as conditions of approval specified on the conditional use permit and entertainment permit. 3. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Policy LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy LU 11.1.7: Require that mixed-use development projects be designed to achieve a consistent and high quality character, including the consideration of architectural treatment of building elevations to convey the visual character of multiple building volumes and individual storefronts. Policy L U 1 5.2.2: Require that structures located in the pedestrian overlay zone be sited and designed .to eifliance pedestrian activity along the sidewalks, in consideration of the following guidelines: 1) Assurance that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians, except as may be required for landscape and security; 2) Incorporation of landscape and other elements such as planter beds, planters, and window boxes that visually distinguish the site and structure; 3) Incorporation of arcades, courtyards, and other recesses along the street elevation to provide visual relief and interest: 01 CIO109 4) Use of roofline and height variation to breakup the massing and provide visual interest; and 5) Distinct treatment of building entrances. The modified elevations incorporate a varied roofline, fagade articulation with a recessed entry, decorative architectural details/elements, and bi-fold glass doors. The project'provides visual interest, achieves a high level of architectural and site layout quality, and will enhance the restaurant experience in the downtown. CONDITIONS OF APPROVAL—ENTITLEMENT PLAN AMENDMENT NO. 00-11: 1. The site plan, floor plans, and elevations received and dated December 14, 2000 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict the design, colors, and building materials approved by the Design Review Board on December 14, 2000 including the following: 1) The lower exterior corners of the glass windscreen shall be redesigned with 90 degree corners. 2) The fagade returns on the south and north building elevations which abut the adjacent buildings shall be designed and treated with the same colors and materials as the front building elevation. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, d rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. The maximum separation between building wall and property line shall not exceed two (2) inches. 01 c10109 f. If outdoor lighting is included,energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. The property owner shall submit an In-Lieu Parking Fee Participation Agreement to the Planning Department. The agreement,shall be reviewed and approved by the City.Attorney as to form and content and,when approved, shall be recorded in the Office of the Orange County Recorder. (City Council Resolution Nos. 6720 and 6721) 3. Prior to final building permit inspection and approval and issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) A Fire Protection Plan in compliance with City Specification No. 426 shall be submitted for Fire Department approval. (FD) 2) Fire extinguishers will be installed and,located in areas to comply with Huntington Beach Fire Code Standards. (FD) 3) Elevators shall be sized to accommodate an ambulance gurney. The minimum dimensions are 6'-8"wide by 4'-3" deep with a 42"wide (min.) right or left side opening. Center opening doors require a 54" depth. (FD) 4) Address numbers will be installed to comply with City Specification No. 428. (FD) 5) Exit signs'and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 6) The proposed fire pit shall comply with HBFD Fire Code Section 1102.4.2 for recreational fire in a barbecue pit; Section 1102.5.2.1 for construction and Section 1102.5.2.2 to not be located within 10 feet of combustible walls, roofs, or other combustible material. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 01 c10109 d. A copy of the recorded In-Lieu Parking Fee Participation Agreement and proof of full payment or first installment payment to the City Treasurer shall be submitted to the Planning Department. (Code Requirement) 4. The use shall comply with the following: a. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. Roof deck hours of operation shall be limited to 9:00 AM to 12:00 Midnight. c. Food service shall be required with all alcohol sales on the roof deck. d. No patron dancing shall be permitted. e. Trash dumping shall be restricted between 10:00 PM and 7:00 AM. f. All servers of alcoholic beverages shall undergo LEAD training per ABC, or RBS training through CSP. Business owners shall submit proof of compliance on a quarterly basis for employees hired within the previous three months. Proof of compliance shall be provided to the Planning Department. g. All conditions of the Entertainment Permit as approved by the Police Department. h. No amplified table announcements shall be permitted. Low volume recorded background music is acceptable within the roof top outdoor dining area provided it is not audible from any residence, nor is it audible beyond 20 feet from the outdoor dining area. 5. All applicable conditions of Conditional Use Permit No. 99-21 and Coastal Development Permit No. 99-12 shall be complied with. 6. A review of the use shall be conducted by staff within six (6) months from commencement of live entertainment activities to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. A copy of the report is to be provided to the Planning Commission. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building pen-nits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Conunission may be required pursuant to the HBZSO. 01 c10109 , INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Entitlement Plan Amendment No. 00-11 shall not become effective'until the ten calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 00-11 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to ,the expiration date. 3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 00-11, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Counly of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 8. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 9. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 10. State-mandated school impact fees shall be paid prior to issuance of building permits. 11. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan (SP-5) area, a Downtown Specific Plan fee.shall be paid. 12. An encroachment permit shall be required for all work within the right-of-way. (PW) 13. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. 01 c10109 ' (10) March 19, 2001 Council/Agency Agenda - Page 10 D. PUBLIC HEARINGS Anyone wishing to speak on an OPEN public hearing is requested to complete the attached pink form and give it to the Sergeant-at-Arms located near the Speaker's Podium. D-1. (City Council) Public Hearing to Consider Appeal by Mayor Pro Tern Debbie Cook of Planning Commission's Approval of Application by Keith Bohr of Entitlement Plan Amendment No. 00-11 — Ibiza Restaurant Live Entertainment and Roof Deck Dining at 209 Main Street (420.40) Public hearing to consider the following: Applicant: Keith Bohr, 415 Townsquare Lane, #219, Huntington Beach, CA 92648 Appellant: Debbie Cook, Mayor Pro Tem Request: To permit the use of a 2,550 square foot roof deck for dining purposes and establishment of live entertainment within a previously approved restaurant. Location: 209 Main Street (Ibiza Restaurant) Environmental Status: Notice is hereby given that Item is categorically exempt from the provisions of the California Environmental Quality Act. On.file: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after Friday, March 16, 2001. All interested persons are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing . 4. Follow public input, close public hearing Power Point presentation titled Appeal— Ibiza Restaurant Live EntertainmentlRoof Deck— Entitlement Plan Amendment No. 00-11 is included in the packet. Planning Commission and Staff Recommendation: Motion to: Approve Entitlement Plan Amendment No. 00-11 with Findings and Conditions of Approval (Attachment No. 1). [Approved EPA No. 00-11, with findings and amended conditions (limited to two stringed instruments with no bass and 6 month permit review) - 4-3 (Green, Boardman, Bauer No)] REQUEST FOR ACTION MEETING DATE: March 19, 2001 DEPARTMENT ID.NUMBER: PL01-11 pedestrian-oriented design specified in the Downtown Specific Plan and Urban Design Guidelines. With the conditions imposed, the restaurant and live entertainment uses will be compatible with the adjacent restaurant and retail uses. The restaurant addition will provide parking through payment of parking in-lieu fees for 17 spaces and is consistent with the Downtown Parking Master Plan. With-the conditions imposed, the restaurant with alcohol sales, and live entertainment will be compatible with other restaurants in the immediate vicinity, and will not be detrimental to property owners and residents in the area. Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act that states minor alterations and additions to existing structures are exempt from further environmental review. Attachment(s): City Clerk's Page Number No. Description 1. Suggested Findings and Conditions of Approval 2. Appeal memo I Site Plan, Floor Plans and Elevations dated December 14, 2000 4. Narrative 5.. Planning-Commission Minutes dated January 9, 2001 6. Planning Commission Staff Report dated January 9, 2001 7. Conceptual Entertainment Permit 8. Draft In-Lieu Parking Fee Agreement 9. Findings for Denial (Alternative Action No. 1) RCA Author :_WayneCarvalho/Herb`Fauland. x §g PL01-11 -7- 3/7/01 11:41 AM FINDINGS AND CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 00-11 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council finds that the project will not have any significant effect on the enviromnent and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines which exempts minor alterations and additions to existing structures. FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 00-11: 1. Entitlement Plan Amendment No. 00-11 for the modification to the facade, use of the 2,530 sq. ft. roof deck for dining purposes, establishment of live entertainment at a previously approved restaurant, and approval of a parking in lieu fee participation agreement, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based upon the conditions imposed, the project will not adversely impact the adjacent commercial and residential uses. The proposed modification will improve the building's appearance from Main Street and the alley. 2. The roof deck and live entertainment uses will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, any specific condition required for the proposed use in the district in which it would be located. The live entertainment and restaurant uses will comply with all aspects of the Downtown Specific Plan, as well as conditions of approval specified on the conditional use permit and entertainment permit. 3. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Policy LU 10.1.=1: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy LU 11.1. 7: Require that mixed-use development projects be designed to achieve a consistent and high quality character, including the consideration of architectural treatment of building elevations to convey the visual character of multiple building volumes and individual storefronts. Policy LU 15.2.2: Require that structures located in the pedestrian overlay zone be sited and designed to enhance pedestrian activity along the sidewalks, in consideration of the following guidelines: 1) Assurance that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians, except as may be required for landscape and security; 2) Incorporation of landscape and other elements such as planter beds, planters, and window boxes that visually distinguish the site and structure; 3) Incorporation of arcades, courtyards, and other recesses along the street elevation to provide visual relief and interest; 01 CIO109 r 4) Use of roofline and height variation to break up the massing and provide visual interest; and 5) Distinct treatment of building entrances. The modified elevations incorporate a varied roofline, facade articulation with a recessed entry, decorative architectural details/elements, and bi-fold glass doors. The project provides visual interest, achieves a high level of architectural and site layout quality, and will enhance the restaurant experience in the downtown. CONDITIONS OF APPROVAL—ENTITLEMENT PLAN AMENDMENT NO. 00-11: 1. The site plan, floor plans, and elevations received and dated December 14, 2000 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict the design, colors, and building materials approved by the Design Review Board on December 14, 2000 including the following: 1) The lower exterior corners of the glass windscreen shall be redesigned with 90 degree corners. 2) The facade returns on the south and north building elevations which abut the adjacent buildings shall be designed and treated with the same colors and materials as the front building elevation. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. The maximum separation between building wall and property line shall not exceed two (2) inches. 01 c10109 f. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. The property owner shall submit an In-Lieu Parking Fee Participation Agreement to the Planning Department. The agreement shall be reviewed and approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the Orange County Recorder. (City Council Resolution Nos. 6720 and 6721) 3. Prior to final building permit inspection and approval and issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) A Fire Protection Plan in compliance with City Specification No. 426 shall be submitted for Fire Department approval. (FD) 2) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 3) Elevators shall be sized to accommodate an ambulance gurney. The minimum dimensions are 6'-8" wide by 4'-3" deep with a 42" wide (min.) right or left side opening. Center opening doors require a 54" depth. (FD) 4) Address numbers will be installed to comply with City Specification No. 428. (FD) 5) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 6) The proposed fire pit shall comply with HBFD Fire Code Section 1102.4.2 for recreational fire in a barbecue pit; Section 1102.5.2.1 for construction and Section 1102.5.2.2 to not be located within 10 feet of combustible walls, roofs, or other combustible material. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. All building spoils, such as unusable lumber, wire,pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 01 c10109 d. A copy of the recorded In-Lieu Parking Fee Participation Agreement and proof of full payment or first installment payment to the City Treasurer shall be submitted to the Planning Department. (Code Requirement) 4. The use shall comply with the following: a. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. Roof deck hours of operation shall be limited to 9:00 AM to 12:00 Midnight. c. Food service shall be required with all alcohol sales on the roof deck. d. No patron dancing shall be permitted. e. Trash dumping shall be restricted between 10:00 PM and 7:00 AM. f. All servers of alcoholic beverages shall undergo LEAD training per ABC, or RBS training through CSP. Business owners shall submit proof of compliance on a quarterly basis for employees hired within the previous three months. Proof of compliance shall be provided to the Planning Department. g. All conditions of the Entertainment Permit as approved by the Police Department. h. No amplified table announcements shall be permitted. Low volume recorded background music is acceptable within the roof top outdoor dining area provided it is not audible from any residence, nor is it audible beyond 20 feet from the outdoor dining area. 5. All applicable conditions of Conditional Use Permit No. 99-21 and Coastal Development Permit No. 99-12 shall be complied with. 6. A review of the use shall be conducted by staff within six (6)months from commencement of live entertainment activities to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. A copy of the report is to be provided to the Planning Commission. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. 01 c10109 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Entitlement Plan Amendment No. 00-11 shall not become effective until the ten calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 00-11 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 00-11, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 8. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 9. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 10. State-mandated school impact fees shall be paid prior to issuance of building permits. 11. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan (SP-5) area, a Downtown Specific Plan fee shall be paid. 12. An encroachment permit shall be required for all work within the right-of-way. (PW) 13. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. 01 c10109 Y s. P S. CITY OF HUNTINGTON BEACH CITY COUNCIL MEMO HUNTINGTON BEACH Z 0 0 1 ,�x�d 1 t-f >- 2- To: Connie Brockway, City Clerk From: Debbie Cook, Mayor Pro-Tern bq�j Date: January 19, 2001 Subject: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF ENTITLEMENT PLAN AMENDMENT NO. 00-11 (IBIZA RESTA URANT LIVE ENTERTAINMENT AND ROOF DECK EXPANSIOA). Entitlement Plan Amendment No. 00-11 was approved by the Planning Commission on January 9, 2001, to establish live entertainment and a 2,500 square foot roof deck expansion for Ibiza Restaurant located at 209 Main Street. I am hereby appealing the Planning Commission's action based upon the following reason: 1. The live entertainment as approved will be detrimental to property owners and residents in the area. Additional mitigation measures are needed to reduce conflicts. Xc: Ray Silver, City Administrator Howard Zelefsky, Director of Planning y 0 iN011LE OF APPEAL TO PLANNING COMMISSION ACTION SOF 2_Q January 9, 2001 Date of Planning Commission Action TO: Planning Dept (2 copies) DATE: Jan„ar�r t 9_ 2001 City Attorney (1 copy) FILED BY Debbie Cook, Mayor Pro-Tem REGARDING: Planning Commission's approval of. Entitlement Plan Amendment No. 00-11 (Ibiza Restaurant Live Entertainment and Roof Dec Expansion) . Tentative Date for Public Hearing: To Be Determined Copy of Appeal Letter attached. LEGAL NOTICE AND A.P. 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City of Huntington Beach - Application Requirement No. 11, Written Narrative (Revised) OWNER/TENANT: IBIZA (Pronounced E-bee-tha) (Spanish Mediterranean Restaurant) Owner/Operator-Mr. John Gallagher LOCATION: 209 Main Street (Formerly the China Wok) EXISTING: ENTITLEMENTS: C.U.P.No. 99-21 With Special Permit/Coastal Development Permit No. 99-12 APPROVED USE: Operation of an approximately 2,500 S.F., single story restaurant with outdoor dining on public property with alcohol sales and approval of a parking in lieu fee participation agreement. REQUEST: To modify the above-described entitlements to allow the following: 1.) Allow a change to provide for live entertainment within the ground floor restaurant area consisting of dining entertainment as described below: a.) Live Musicians -The request is to have up to five ' performers. These musicians will provide dining entertainment consisting of various international and classical types of music. (e.g. Latin Jazz, Spanish classical guitar). b.) Flamenco Dancers-Performing w/Spanish Castanets. (No Patron Dancing) c.) Disc Jockey- One DJ to also provide dining and special occasion musical accompaniment(e.g. dinner parties; weddings and rehearsal dinners,birthdays, engagements and anniversaries parties). 2.) Allow for the operation and occupancy of the 2,530 s.f.rooftop area for outdoor dining and entertainment. Entertainment would be limited to non-amplified live entertainer(s) (e.g. acoustical guitar,violin and the like)mainly limited to special I events(e.g., weddings). Also requested is recorded dinner music to be provided by means of a compact disc player and/or cable radio music for ambient background dinner music. And authorize participation in the parking in-lieu program as outlined in the submitted in-lieu parking agreement,which provides for the payment of 17 parking spaces (2,530 S.F.@ 1 per 150 S.F= 17 spaces.) 3.) Hours of Operation: 6 AM to 2 AM seven days a week. Background: (a) Reasons for initiating this application: John Gallagher is the owner/operator of the new IBIZA restaurant,which will soon be opening for business at 209 Main Street. Mr. Gallagher has previously operated a similar type of restaurant on the island of Ibiza off the coast of Spain. The "theme" of the restaurant will be same,that of a Spanish Mediterranean restaurant with tappas cuisine. Patrons will typically order a variety of dishes and each will sample the various selections, a.k.a. tappas. Mr. Gallagher plans to host many special occasions including; both wedding rehearsal dinners and weddings, as well as,birthday&anniversary parties. i (b) Area description and population served by the proposed use of the project. This restaurant will serve both the local residents of Huntington Beach, as well as, visiting tourists. I (c)Description of project and services,including square footage, hours and days of 1 operation,number of employees,and other information as appropriate. This restaurant will serve breakfast, lunch and dinner seven days a week. Total square footage will be approximately 5,030 S.F. (2,500 ground floor,2,530 roof deck) with 400 outdoor dining along Main Street. Hours of operation 6:00 AM-2:OOAM seven days a week- IBIZA will employee approximately 20 employees. (d)Description of surrounding uses to the north,south, east and west To the north on the same side on Main Street are the Panini, Sugar Shack,vacant Noah's and The Longboard restaurants. Directly across the street to the east is the Main Promenade 20,000S.F. retail center(i.e. Pier Realty, Disco Round,Juice it Up and Color Me Mine). Directly to the south on Main Street is the Beachcombers surf shop. Directly southwest located at the rear of the property is The Shed restaurant and a fifty foot vacant lot. (e)A signed statement declaring whether the project site,is or is not located within.a Hazardous Waste and Substance site pursuant to Section 65962.5 of the Government Code. This site is not located within a Hazardous.Waste and Substance site. Please consider the signature below as written confirmation of such. 7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice l of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 8. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 9. State-mandated school impact fees shall be paid prior to issuance of building permits. 10.A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. B-3 ENTITLEMENT PLAN AMENDMENT NO. 00-11 (IBIZA RESTAURANT ENTERTAINMENT AND ROOF DECK): APPLICANT: Keith Bohr LOCATION: 209 Main Street (Ibiza Restaurant) PROJECT PLANNER: Wayne Carvalho (' Entitlement Plan Amendment No. 00-11 is a request by Mr. Keith Bohr to establish live entertainment at a previously approved restaurant and to allow occupancy of a 2,530 sq. ft. roof deck for restaurant use. The request includes participation in the in-lieu parking program for 17 spaces. The re-establishment of the restaurant with alcohol sales was approved in January of 2000 with the added outdoor dining use on the Main Street sidewalk. The project is currently under construction. Staff supports the proposed requests for the following reasons: • The outdoor dining and ancillary facade improvements will be compatible with adjacent restaurants on the second block and is in compliance with the Mediterranean and pedestrian-oriented design specified in the Downtown Specific Plan and Urban Design Guidelines. • The restaurant use will be compatible with the adjacent restaurant and retail uses. • The restaurant addition will provide parking through payment of parking in-lieu fees for`17 spaces and is consistent with the Downtown Parking Master Plan. • With the conditions.imposed, the restaurant with alcohol sales will be compatible with other restaurants in the immediate vicinity, and will not be detrimental to property owners and residents in the area. THE PUBLIC HEARING WAS OPEN: Philomone Gallegos, 208 A 5t' Street, Huntington Beach CA 92648, spoke in opposition to rooftop entertainment. She lives in the residence adjacent to the proposed restaurant, and although she does not oppose the restaurant remaining, she does not approve of live entertainment because of the noise factor. PC Minutes—1/09/01 7 (01pcm0109) William Gallegos, 208 A 5th Street, Huntington Beach CA 92648, spoke in opposition to rooftop entertainment, and stated that the noise level in the immediate area was already high and unacceptable. He also said that he and his wife have made several complaints to the Police Department, and that Police have done very little to assist. The Commission asked how many times Mr. Gallegos called the Police. Mr. Gallegos responded many, and also stated that the Police do not always respond quickly. The Commission asked Mr. Gallegos if he would be opposed to acoustic entertainment only and Mr. Gallegos replied that he is opposed to any kind of music. Keith Bohr, applicant, 415 Townsquare Lane, #219, Huntington Beach CA 92648, spoke in favor of the item, strongly disagreeing with Mr. Gallegos' statement that the Police were not enforcing the law with regard to noise in that area. He provided information to the Commission on structural elements included in the proposal that would inhibit sound travel, including a 3' glass wall, and explained that the type of music planned for the restaurant would be i background in nature, perhaps cable radio without commercials, and would not override the 20 foot audible sound requirement included in the conditions of approval. The Commission asked the applicant to elaborate on the 3' glass wall. Jeff Bergsma, Project Architect, approached the podium to explain the possibility of adding an additional foot in height to the proposed wall to further inhibit sound travel. THERE WERE NO OTHERS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND C. THE PUBLIC HEARING WAS CLOSED. Vice Chairperson Shomaker excused herself from further action on the item because she owns property near the proposed development and this poses a potential conflict of interest. The Commission inquired about historical elements with regard to the proposed architecture. Staff stated that the proposed Spanish Mediterranean architectural theme is consistent with the Downtown Design Guidelines. The Commission stated that conditions included within the Conditional Use and Entertainment Permits should be consistent. Staff explained the reasons for the separation of conditions. i The Commission also suggested that a 6-month review period be added to the conditions of approval. A question was asked regarding the 50% reduction of the parking fee. Staff stated the costs associated with the in-lieu parking agreement was approved by the City Council in the early 1990's as part of an Owner Participation Agreement established by the Redevelopment Agency to help recycle property in the downtown. 1, PC Minutes—1/09/O1 8 (01pcm0109) A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO. 00-11 (IBIZA RESTAURANT ENTERTAINMENT AND ROOF DECK) WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Kokal, Speaker NOES: Mandic, Livengood ABSENT: None ABSTAIN: Shomaker MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 00-11 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines which exempts minor alterations and additions to existing structures. FINDINGS FOR APPROVAL -ENTITLEMENT PLAN AMENDMENT NO. 00-11: 1. Entitlement Plan Amendment No. 00-11 for the modification to the fagade, use of the 2,530 sq. ft. roof deck for dining purposes, establishment of live entertainment at a previously approved restaurant, and approval of a parking in lieu fee participation agreement, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based upon the conditions imposed, the project will not adversely impact the adjacent commercial and residential uses. The proposed modification will improve the building's appearance from Main Street and the alley. 2. The roof deck and live entertainment uses will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington.Beach Zoning and Subdivision Ordinance. In addition, any specific condition required for the proposed use in the district in which it would be located. The live entertainment and restaurant uses will comply with all aspects of the Downtown Specific Plan, as well as conditions of approval specified on the conditional use permit and entertainment permit. 3. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Policy LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. PC Minutes—1109/01 9 (01 pcm0109) Policy LU 11.1.7: Require that mixed-use development projects be designed to achieve a consistent and high quality character, including the consideration of architectural treatment of building elevations to convey the visual character of multiple building volumes and individual storefronts. Policy LU 15.2.2: Require that structures located in the pedestrian overlay zone be sited and designed to enhance pedestrian activity along the sidewalks, in consideration of the following guidelines: 1) Assurance that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians, except as may be required for landscape and security; 2) Incorporation of landscape and other elements such as planter beds, planters, and window boxes that visually distinguish the site and structure; 3) Incorporation of arcades, courtyards, and other recesses along the street elevation to .provide visual relief and interest; 4) Use of roofline and height variation to break up the massing and provide visual interest; and 5) Distinct treatment of building entrances. The modified elevations incorporate a varied roofline, fagade articulation with a recessed entry, decorative architectural details/elements, and bi-fold glass doors. The project provides visual interest, achieves a high,level of architectural and site layout quality, and will enhance the restaurant experience in the downtown. CONDITIONS OF APPROVAL— ENTITLEMENT PLAN AMENDMENT NO. 00-11: 1. The site plan, floor plans, and elevations received and dated December 14, 2000 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict the design, colors, and building materials approved by the Design Review Board on December 14, 2000 including the following: 1) The lower exterior comers of the glass windscreen shall be redesigned with 90 degree comers. 2) The fagade returns on the south and north building elevations which abut the adjacent buildings shall be designed and treated with the same colors and materials as the front building elevation. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop ( ' mechanical equipment shall be setback 15 feet from the exterior edges of the building. PC Minutes—1/09/01 10 (01 pcm0109) Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. The maximum separation between building wall and property line.shall not exceed two (2) inches. I f. .If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent"spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. The property owner shall submit an In-Lieu Parking Fee Participation Agreement to the Planning Department. The agreement shall be reviewed and approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the Orange County Recorder. (City Council Resolution Nos. 6720 and 6721) 3. Prior to final building permit inspection and approval and issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) A Fire Protection Plan in compliance with City Specification No. 426 shall be submitted for Fire Department approval. (FD) 2) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) i 3) Elevators shall be sized to accommodate an ambulance gumey. The minimum dimensions are 6'-8°wide by 4'-3° deep with a 42"wide (min.) right or left side opening. Center opening doors require a 54" depth. (FD) 4) Address numbers will be installed to comply with City Specification No. 428. (FD) I PC Minutes—1109/01 11 (01 pcm0109) 5) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 6) The proposed fire pit shall comply with HBFD Fire Code.Section 1102.4.2 for recreational fire in a barbecue pit; Section 1102.5.2.1 for construction and Section 1102.5.2:2 to not be located within 10 feet of combustible walls, roofs, or other combustible material. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. d. A copy of the recorded In-Lieu Parking Fee Participation Agreement and proof of full .payment or first installment payment to the City Treasurer shall be submitted to the Planning Department. (Code Requirement) 4. The use shall comply with the following: a. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. Roof deck hours of operation shall be limited to 9:00 AM to 12:00 Midnight. c. Food service shall be required with all alcohol sales on the roof deck. d. No patron dancing shall be permitted. e. Trash dumping shall be restricted between 10:00 PM and 7:00 AM. f. All servers of alcoholic beverages shall undergo LEAD training per ABC, or RBS training through CSP. Business owners shall submit proof of compliance on a quarterly basis for employees hired within the previous three months. Proof of compliance shall be provided to the Planning Department. g. All conditions of the Entertainment Permit as approved by the Police Department. h. No amplified table announcements shall be permitted. Low volume recorded background music is acceptable within the roof top outdoor dining area provided it is not audible from any residence, nor is it audible beyond 20 feet from the outdoor dining area. 5. All applicable conditions of Conditional Use Permit No. 99-21 and Coastal Development Permit No. 99-12 shall be complied with. PC Minutes—1/09/01 12 (01 pcm0109) 6. A review of the use shall be conducted by staff within six (6) months from commencement of live entertainment activities to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. A copy of the report is to be provided to the Planning Commission. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Entitlement Plan Amendment No. 00-11 shall not become effective until the ten-calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 00-11 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. r' C3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 00-11, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday -Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. . The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the.County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 8. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 9. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 10. State-mandated school impact fees shall be paid prior to issuance of building permits. PC Minutes—1/09/01 13 (01pcm0109) ( 11. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan (SP-5) area, a Downtown Specific Plan fee shall be paid. 12.An encroachment permit shall be required for all work within the right-of-way. (PW) A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED NOVEMBER 28, 2000 A MOTION WAS MADE BY KERINS, SECOND BY LIVENGOOD,TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 28, 2000, BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Mandic, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: Hardy, Kokal MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED DECEMBER 12, 2000 A MOTION WAS MADE BY KERINS, SECOND BY SHOMAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED DECEMBER 12, 2000, BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Mandic, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: Hardy, Kokal MOTION PASSED D. NON-PUBLIC HEARING ITEMS None. E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS None. PC Minutes—1/09/01 14 (01pcm0109) CityFof Huntington Beach Planning Department JJ ME k STAFFREPORTs� g � £ . 4 NUNTINGTON BEACH w..�s�.r...�`", ,.,. ., u,.< TO: Planning Commission FROM: Howard Zelefsky,Director of Planning BY: Wayne Carvalho, Associate Planner ( � DATE: January 9, 2001 SUBJECT: ENTITLEMENT PLAN AMENDMENT NO. 00-11 (Ibiza Restaurant Live Entertainment and Roof Deck Expansion) LOCATION: 209 Main Street(Westside,north of Walnut Ave.) STATEMENT OF ISSUE: Entitlement Plan Amendment No. 00-11 is a request by Mr. Keith Bohr to establish live entertainment at a previously approved restaurant and to allow occupancy of a 2,530 sq. ft. roof deck for restaurant use. The request includes participation in the in-lieu parking program for 17 spaces. The re-establishment of the restaurant with alcohol sales was approved in January of 2000 with the added outdoor dining use on the Main Street sidewalk. The project is currently under construction. Staff supports the proposed requests for the following reasons: • The outdoor dining and ancillary fagade improvements will be compatible with adjacent restaurants on the second block and is in compliance with the Mediterranean and pedestrian-oriented design specified in the Downtown Specific Plan and Urban Design Guidelines. • The restaurant use will be compatible with the adjacent restaurant and retail uses. • The restaurant addition will provide parking through payment of parking in-lieu fees for 17 spaces and is consistent with the Downtown Parking Master Plan. • With the conditions imposed,the restaurant with alcohol sales will be compatible with other restaurants in the immediate vicinity, and will not be detrimental to property owners and residents in the area. RECOMMENDATION• Motion to: "Approve Entitlement Plan Amendment No. 00-11 with findings and suggested conditions of approval (Attachment No. 1)." Staff Report—1/09/01 1 (01 sr02) 1 ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Entitlement Plan Amendment No. 00-11 with findings for denial." B. "Continue Entitlement Plan Amendment No. 00-11 and direct staff accordingly." GENERAL INFORMATION: APPLICANT: Keith Bohr, 415 Townsquare Lane, Suite#219,Huntington Beach, CA 92648 PROPERTY John Gallagher, 8341 Malloy Street,Huntington Beach, CA 92646 OWNER: REQUEST: To permit the use of a 2,530 sq. ft. roof deck for dining purposes and establish live entertainment within a previously approved restaurant. The request includes approval of an in-lieu parking participation agreement for 17 spaces. DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): December 4,2000 March 4, 2001 SUBJECT PROPERTY AND SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: fQ.GATION� GENERAL PLAN ,E z � ZOTTItG 4 ffi LAND� SE Subject Property: MV-F6/25-sp-pd(Mixed SP-5 (Mixed Use: Restaurant Use Vertical-specific Commercial/Office/ plan-pedestrian overlays) Residential) North of Subject MV-F6/25-sp-pd(Mixed SP-5 (Mixed Use: Restaurant/office Property: Use Vertical-specific Commercial/Office/ plan-pedestrian overlays) Residential) East of Subject Property MV-F6/25-sp-pd(Mixed SP-5 (Mixed Use: Retail/restaurant,parking (across Main St.): Use Vertical-specific Commercial/Office/ structure plan-pedestrian overlays) Residential) South of Subject MV-F6/25-sp-pd(Mixed SP-5 (Mixed Use: Retail Property: Use Vertical-specific Commercial/Office/ plan-pedestrian overlays) Residential) West of Subject MV-F6/25-sp-pd(Mixed SP-5 (Mixed Use: Restaurant Property: Use Vertical-specific Commercial/Office/ plan-pedestrian overlays) Residential) Staff Report-1/09/01 2 (01sr02) PROJECT PROPOSAL: Entitlement Plan Amendment No. 00-11 represents a request for the following: A. To permit the use of a 2,530 sq. ft. roof deck for dining purposes and establish live entertainment pursuant to Section 4.7.01 (b)Permitted Uses of the Downtown Specific Plan. B. To approve an In-Lieu Parking Fee Participation Agreement for 17 spaces pursuant to Section 4.2.14 of the Downtown Specific Plan. The proposed second floor roof deck will be operated as an outdoor dining area. The only covered portions on the second floor are the grill/bar area as well as the two stairways, elevator shaft, and equipment room. The existing fagade will be modified to allow for a higher parapet and windscreen along Main Street. The rear elevation will be modified with the addition of the covered stairway. The revised elevations will be compatible with the approved building's design, colors and materials, as well as with the adjacent structures. The proposed occupancy of the second floor requires participation in the in-lieu parking program for 17 spaces based on the additional 2,530 sq. ft. of restaurant use and the adopted restaurant ratio of 1 space/150 sq. ft. of floor area. The floor area under the Downtown Parking Master Plan allowed for 2,217 sq. ft. Based on the intensification,the use of the roof deck requires the additional parking. The applicant has indicated that the request will allow for larger group events and special occasions to be held at the restaurant, such as weddings,rehearsal dinners,birthdays and anniversary parties (Attachment No. 4). The original theme of the restaurant will remain the same with a Spanish Mediterranean decor and tapas cuisine. Background In 1989,the City Council approved Conditional Use Permit No. 89-1 permitting the rehabilitation of individual properties on the west side of Main Street,between Walnut Avenue and Olive Avenue, also referred to as the "Rehab Block." The conditional use permit serves as a master entitlement for new square footage on the block, and options for property owners to construct fagade improvements, building additions, demolition of existing structures and construction of new buildings on the second block,as it related to the parking thresholds specified in the Downtown Parking Master Plan. The action also included approval of a special permit to allow a zero foot build-to line in lieu of the required five (5)foot build-to line for all properties along Main Street. The proposed development would maintain the zero foot build-to line, which is consistent with the adjacent properties. The proposed architecture meets the intent for the"rehab block"which promotes integrating Mediterranean elements of the Downtown Design Guidelines with historical elements when designing new facades. Property owners were eligible to participate in a Fagade Grant Program by entering into Owner Participation Agreements (OPA)with the City's Redevelopment Agency. With an OPA,property Staff Report— 1/09/01 3 (01sr02) owners were able to have their parking requirements determined in conformance or"grandfathered"based on existing floor areas. In 1989,the City's Redevelopment Agency entered into an Owner Participation Agreement(OPA)with then property owner Gary and Stephanie Hatch,which stated, in part,that any additional building area square footage created through rehabilitation or through new construction will be required to meet current city code parking requirements on-site or pay in-lieu parking fees. The Participant(owner)will be allowed a 50%reduction of that fee per space. The agreement further stipulates that these provisions run with the land. The applicant has indicated that parking in-lieu fees will be paid to satisfy the 17 additional parking spaces required for the restaurant expansion at the reduced rate of 50%. (see Attachment No. 3). In January of 2000,the Planning Commission approved the re-establishment of the restaurant which included a 550 sq. ft. addition to the rear of the building and participation in the parking in-lieu fee program for four(4) spaces. The approval also allowed for alcohol sales and outdoor dining on the public sidewalk adjacent to Main Street. Upon the start of construction,the applicant submitted this request to allow the use of the roof deck for outdoor dining, and to establish live entertainment. ISSUES: General Plan Conformance: The General Plan Land Use Map designation on the subject property is.MV-F6-sp-pd(Mixed Use Vertical-max 2.0 FAR-specific plan-pedestrian overlay). The proposed restaurant is located within Sub- area 1 B (Main St./Olive "Core")which contains a mix of community serving and visitor serving commercial uses, and attempts to achieve a pedestrian oriented,village like environment. The project is consistent with the standards and principles of the Subarea,the floor area ratio restriction, and the following goals and objectives of the City's General Plan: A. Land Use Element Policy L U 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. I Policy LU 11.1.7: Require that mixed-use development projects be designed to achieve a consistent and high quality character, including the consideration of architectural treatment of building elevations to convey the visual character of multiple building volumes and individual storefronts. Pol is L U 15.2.2: Require that structures located in the pedestrian overlay zone be sited and designed to enhance pedestrian activity along the sidewalks, in consideration of the following guidelines: 1) Assurance that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians, except as may be required for landscape and security; 2) Incorporation of landscape and other elements such as planter beds,planters, and window boxes that visually distinguish the site and structure; Staff Report—1/09/01 4 (01 sr02) 3) Incorporation of arcades, courtyards, and other recesses along the street elevation to provide visual relief and interest; 4) Use of roofline and height variation to break up the massing and provide visual interest; and 5) Distinct treatment of building entrances. The project incorporates a varied roofline, facade articulation with a recessed entry, decorative architectural details/elements, and bi-fold glass doors. The project provides visual interest, achieves a high level of architectural and site layout quality, and will enhance the pedestrian experience in the downtown. The second floor outdoor dining area will not be visible from Main Street. Zoning Compliance: This project is located in the Downtown Specific Plan,District No. 5 (Mixed Use)and complies with the requirements of that zone. The following is a zoning conformance matrix which compares the proposed project with the development standards of the Downtown Specific Plan,District No. 5: SECTION PIS$V__ CODE PR®VISION PRQPOSED 4.7.02 Minimum Parcel Size Min. 2,500 sq. ft. 2,875 sq. ft. Min. 25 ft. frontage 25 ft. 4.7.03 Density/Intensity Floor Area Ratio Zoning Max. 2.0 (5,750 sq. ft.) 1.84 (5,296 sq. ft.) General Plan Max. 2.0 (5,750 sq. ft.) 4.7.04 Building Height Max. 35 ft.; 3 stories 23 ft. 6 in., 2 stories 4.7.06-08 Setbacks Front(Main St.) 5 ft. build-to 0 ft.* Side 0 ft. 0 ft. Rear(alley) Min. 3 ft. 0 ft.** 4.7.10 Open Space Min 10% of site area for parcels N/A(25 ft. frontage) having 100 ft. frontage or more 231.04.B Off-Street Parking Number 36 spaces for 5,297 sq. ft. (Downtown Parking Master Plan covers 2,217 sq. ft.) Remaining 3,080 sq. ft. _ Min. 21 spaces (1 sp./150 sq. ft.) 21 spaces -In-Lieu Fee Program 4 spaces*** 17 spaces**** *Special Permit previously approved(CUP 89-1) **Special Permit previously approved(CUP 99-21) ***CUP 99-21 previously approved ****EPA 00-11 request Staff Report—1/09/01 5 (01 sr02) Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act which states minor alterations and additions to existing structures are exempt from further environmental review. Coastal Status:. The proposed project is within a non-appealable portion of the Coastal Zone. Entitlement Plan Amendment No. 00-11 is covered under previously approved Coastal Development Permit No. 99-12. The proposed project complies with the zoning code and Coastal Zone requirements, and will implement the following policies of the Coastal Element of the General Plan: i • Protect, encourage and,where feasible,provide visitor-serving facilities in the Coastal Zone that are varied in type and price. j • Improve the appearance of visually degraded areas. Redevelopment Status: The project is located in the Huntington Beach Redevelopment_Project Main-Pier subarea. The Economic Development Department has reviewed the request and supports the proposed restaurant, and the in-lieu parking participation agreement. Design Review Board: On December 14, 2000,the Design Review Board(DRB)recommended approval of the proposed roof deck use and fagade improvements,with the following conditions: i • The lower exterior comers of the glass windscreen shall be redesigned with 90 degree corners. • The fagade returns on the south and north building elevations which abut the adjacent buildings -shall be designed and treated with the same colors and materials as the front building elevation. Staff supports the DRB recommendation and has incorporated them into the suggested conditions of approval. Subdivision Committee: Not applicable. Other Departments Concerns: The Departments of Public Works, Fire, Community Services and Building and Safety have recommended conditions which are incorporated into the conditions of approval. The Police Department has forwarded their recommended conditions on the Entertainment Permit(Attachment No. 5). Staff Report—1/09/01 6 (01 sr02) Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on December 28, 2000, .and notices were sent to property owners of record within a 300 ft. (and occupants within 100 ft.)radius of the subject property, individuals/organizations requesting notification;applicant, and interested parties. As of January 4, 2001, no communication supporting or opposing the request has been received. ANALYSIS: The primary issues with this project are architectural design,parking, outdoor dining and noise. The City Council's action on the Conditional Use Permit No. 89-1 addressed issues on fagade improvements, building additions, demolition of existing structures and construction of new buildings on the second block, as it related to the parking thresholds specified in the Downtown Parking Master Plan. Architectural Design The proposed modification to the previously approved fagade will not result in a significant change. The use of.a terra cotta plaster finish and tile insets, a wood framed tempered glass windscreen, and a variable roof line will improve the building fagade and overall architecture. Staff believes that the change in height to the fagade will enhance the building's architecture without compromising the overall Mediterranean character of the downtown. The only change to the rear elevation will involve the increased height to accommodate the covered stairway which will comply with the required exiting. Furthermore,the Design Review Board reviewed and supports the proposed changes. Recommended conditions have been incorporated into the suggested conditions of approval including the requirement that the fagade returns to the adjacent buildings be treated similarly to the front fagade. This will prevent unfinished exposed walls facing adjacent buildings. Parkina As discussed above, the project area is located within the Downtown Parking Master Plan(DPMP). The adopted DPMP specifies that parking is provided for the existing restaurant floor area based on the shared parking concept. Conditional Use Permit No. 89-1. further clarified the parking requirement by determining that parking had been satisfied for the existing 2,217 square.foot restaurant building. Because the project involves an expansion of floor area,the use would require additional parking. The DPMP authorizes the Planning Commission to require measures to ensure that adequate parking is provided if in the opinion of the Planning Commission the project does not comply with the DPMP. The Planning Commission may impose one, all, or a combination of the following requirements to ensure that adequate parking is provided for each development: 1. Require on-site parking for all projects one-half(1/2)block or greater in size. I,I Staff Report—1/09/01 7 (01 sr02) 2. Require that any parking in-lieu fees be full cost recovery based on the parking requirement for specific uses. However, allow that these fees be paid over an amortization period,with appropriate security provided by the applicant to guarantee payment. 3. Require valet parking once the maximum build out of restaurant activity has been obtained. 4. Commercial projects greater than 10,000 square feet in size shall be required to submit a parking management plan consistent with the Downtown Parking Master Plan. 5. Require valet and/or remote.parking for special events and activities. 6. Require the applicant to provide additional on-site and/or off-site parking for any development. 7. Develop parking options which may generate additional parking for any development. Seventeen parking spaces required for the use of the 2,530 sq. ft.roof deck will be satisfied through payment of parking in-lieu fees by the property owner(Item#2 above). Planning and Economic Development staff has supported other requests for parking in-lieu fee participation agreements with other downtown businesses, and supports this request. The draft participation agreement is attached for your review(Attachment No. 3). The parking in-lieu fee of$112,713.23 will be required to be paid by the property owner for the 17 spaces. This fee reflects 50%of the current fee of$13,260.3 8 per parking space based on the aforementioned Owner Participation Agreement. The parking agreement offers the property owner to make a lump sum payment or to amortize the payments over a 15 year period. The 2,530 sq. ft. increase in restaurant area exceeds the development threshold of 100,000 square feet for restaurant uses in the existing master plan. However, the recently adopted DPMP (Kaku Update) increased the restaurant threshold to 144,000 sq. ft.,which is currently pending final action by the California Coastal Commission. The additional floor area would fall well below the 144,000 sq. ft. restaurant cap and overall development threshold of 715,000 sq. ft. specified in the 2000 DPMP Update. With respect to the existing DPMP,the floor area would still fall under the 500,000 sq. ft. development threshold for commercial activity in the downtown. In the event the 2000 DPMP Update is not approved by the California Coastal Commission,the retail threshold in the existing DPMP would be reduced accordingly by 2,530 sq. ft.,consistent with prior actions. Staff has analyzed the restaurant and retail thresholds and concludes that although the additional restaurant area exceeds the allowable threshold for restaurant uses,retail uses are far from reaching its limit. In fact,there is more than 10,000 square feet of additional retail space allotted in the master plan. Staff supports the additional restaurant floor area understanding that the retail threshold will be reduced by 2,530 sq. ft., and that the revised figures will be addressed in the annual reviews of the DPMP. As noted above,the parking in-lieu fee program continues to be used as one of the options for future parking opportunities. The program continues to be monitored to ensure that no impacts to downtown parking result from new development or change in uses. Evaluations are conducted during the Downtown Parking Master Plan annual reviews. Outdoor Dining/Noise Impacts The roof top outdoor dining area will be required to comply with all provisions of the City's Noise Ordinance and Entertainment Permit. Staff supports the entertainment use provided all conditions on the Staff Report— 1/09/01 8 (01 sr02) entertainment permit and conditional use permit are adhered to. Furthermore, although open to the sky, the roof deck is designed with enclosed walls that will reduce noise to adjacent properties. The conditions on the entertainment permit(Attachment No. 5) and conditional use permit(Attachment No. 1) are recommended to minimize noise impacts to surrounding properties including a residence located across the alley to the west. Recommended conditions include restricting the hours of live entertainment on the roof deck to 8 PM, and the hours of operation to 12 midnight. Furthermore,there would be no amplification permitted on the roof deck. Types of entertainment may include musicians with acoustic guitars,violins, etc.,which the applicant indicates would mainly occur during the special occasions. The conditions on the entertainment permit are enforced by the Police Department who maintains the ability to revoke the permit if any violations were to occur. The Planning Department Code Enforcement Section enforces the conditions on the conditional use permit and may recommend revocation by the .Planning Commission should violations to those conditions occur. Staff believes that with compliance of all conditions, impacts from the live entertainment and restaurant use will be minimized. SUMMARY: Staff supports the proposed entitlement plan amendment for the following reasons: • The outdoor dining and ancillary fagade improvements will be compatible with adjacent restaurants on the second block and is in compliance with the Mediterranean and pedestrian-oriented design specified in the Downtown Specific Plan and Urban Design Guidelines. • The restaurant use will be compatible with the adjacent restaurant and retail uses. • The restaurant addition will provide parking through payment of parking in-lieu fees for 17 spaces and is consistent with the Downtown Parking Master Plan. • With the conditions imposed, the restaurant with alcohol sales will be compatible with other restaurants in the immediate vicinity, and will not be detrimental to property owners and residents in the area. ATTACHMENTS: 3+--nr2ft In_LjeuZ%rkingFee Part' ipadou Wig® '22t HF:WC:rl Staff Report— 1/09/01 9 (01 sr02) y�. �� ' CITY OF HIUNTINGTON BEACH , ' INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH La,�e -PROPOSED EN,TERTAINMENT:. CONDITIONS ..CONCEPTUALLY APPROVED PURSUANT TO FILING A CONDITIONAL USE PERMIT-_ This document'DOES NOT allow entertainment at the listed establishment.--.Listed are the proposed conditions for your entertainment permit pursuant to the approval_of a conditional use permit allowing entertainment at your establishment. ISSUED TO: IBIZA RESTAURANT 209 Main St. Huntington Beach,CA 92648 EFFECTIVE DATE: UPON APPROVAL OF CONDITIONAL USE PERMIT CONDITIONS 1. Hours of Entertainment:' Indoors: .11:00 AM to Midnight Daily T Rooftop: 11:00 AM to 8:00 PM Daily(Non-amplified acoustical, 2 performers). 2. Types of Entertainment:.Entertainment,*amplified, and non-amplified, not otherwise prohibited or regulated by City Ordinance or City Permit Procesi,:or any conditions set forth by the A.B.C., is approved. Rooftop entertainment limited to 2 performers, non-amplified acoustical instruments 3. Patron dancing is not'allowed. 4. There shall be no requirement for patrons to purchase a minimum number-of alcoholic drinks. Alcoholic drinks shall not be included in the price of admission. 5. Entertainment will not be audible beyond,50 feet of the building in any direction. (HBMC 5.44.050(a)). _- 6. All rear doors and windows shall be closed during times:of entertainment..All.amplified entertainment must_remain inside the establishment at all times. 7. Security Guards:At least(1)when entertainment is present.The guards must be clearly identifiable as security guards. When occupancy exceeds 100j.one additional guard per 100 persons must be present. ,n 8.. This permit is valid only when used in'conjunction with a valid Conditional Use Permit all entertainment at the premises. 9. This permit must be posted in a conspicuous place on the'premises described above. 10. Calls for Police service at your establishment deemed excessive as described in 5.44.050'HBMC, as well as'any violations of your A.B.C. License or Conditional Use Permit, can result in.the suspension=or revocation of your Entertainmerif_Permit. _s 11. Per section 5.28.030 HBMC, No person,conducting, maintaining or carrying on a business,-or-having charge or.control thereof, which permits entertainment to be allowed on its premises, shall permit to be admitted on such business premises any minor under the age of twinty=one years, if any alcoholic beverages are consumed,dispensed or.sold on the premises, unless the minor is accompanied ind under the care at all times o_f his parent or parents or legal guardian. You toIME-11 t Sects '- fhe wn must beI Cri}+C eve(5) orf this cep ATE:Sep 2000 41 ONALD E.LO ERG Chief of Police I'' , In-Lieu Parking Fee Agreement NOW THEREFORE, Participant hereby declares as follows: 1. Payment of Fee: Participant, in lieu of providing seventeen (17), on- site parking spaces on the Property, hereby covenants and agrees to pay to the City of Huntington Beach, hereinafter referred to as the "City", a fee equal to Six Thousand Six Hundred Thirty Dollars and Nineteen Cents, ($6,630.19),per parking space, for a total of One Hundred Twelve Thousand Seven Hundred Thirteen Dollars and Twenty Three Cents, ($112,713.23). 2. Hatch Owner Participation Agreement: The above stated fee of Six Thousand Six Hundred Thirty Dollars and Nineteen Cents, ($6,630.19),per parking space represents a fifty percent reduction of the City's current in- lieu fee of Thirteen Thousand Two Hundred Sixty Dollars and Thirty Eight Cents ($13,260.38), as allowed by the Hatch Owner Participation Agreement(OPA),entered into between the City of Huntington Beach Redevelopment Agency and the former owner (Gary& Stephanie Hatch)of the subject property(209 Main Street, Huntington Beach, CA).. Section 10: Parking Reguirements, of the Hatch OPA states that "...Any additional building area square footage created through rehabilitation or through new construction will be required to meet current city code parking requirements on-site or pay in-lieu of parking fees. The Participant will be allowed a 50%reduction of that fee per space." Section 13: Successive Owners, of the Hatch OPA, states "...any and all successive owner'(s)or assign(s)of the PROPERTY, and the provisions hereof are expressly binding upon all such successive owners and assigns, and the Parties agree all such provisions shall run with the land. Further, Section 16: Modification, of the OPA states that "This Agreement may be modified only by subsequent mutual written agreement executed by PARTICPANT and AGENCY." 3. Amount and Manner of Payment: Participant hereby covenants and agrees to pay the In-Lieu Fee described in Paragraph One(1) above over a period of fifteen(15) years in equal annual installments of Seven Thousand Five Hundred Fourteen Dollars and Twenty Two Cents. ($7,514.22). Such installment payments shall be made to the City Treasurer annually on the anniversary.date of the first payment. Payment. shall be received no later than thirty(30)days after the due date. .Failure to pay in a - timely manner may result in revocation of the Conditional Use Permit, foreclosure upon the lien herein described or other penalties or interests. 4. Running With the Land: It.is the intent of the Participant that each and all of the covenants,conditions, and restrictions set forth in this Declaration are for the benefit of the City. Each and all of the covenants,conditions, and restrictions set forth in this Declaration shall run with the land, and shall bind the respective successors in interest to the Property and each portion thereof, for the benefit of the City. Each and all of the covenants,conditions,restrictions set forth in this Declaration are imposed on the Property and each portion thereof as mutual equitable servitude's in favor of the City, and constitute covenants running with the land pursuant to applicable law, including, without limitation, Section 1468 of the California Civil Code. S. Recordation: This Declaration shall become effective and binding upon the Property upon the recordation of this Declaration in the Official Records of the County of Orange, State of California. 6. "Owner" Defined: As referenced to herein, "Owner" shall mean the fee title owner or owners of the Property or any portion thereof and the successors-in-interest of such owner or owners. 7. Effect of Transfer by Owner: In the event an Owner transfers or otherwise conveys its interest in the Property, such Owner shall thereupon be released and discharged from any and all obligations as Owner in connection with the Property arising under this Declaration with respect to the period after such transfer or conveyance,but shall remain liable for all obligations arising under this Declaration with respect to the transferee of the Property including,without limitation, any transferee who acquires its interest by foreclosure,trustee's sale or otherwise, shall be liable for all obligations with respect to the period after such transfer of conveyance. i I 8. No Cancellation: No breach of any provision of this Declaration shall f entitle any Owner to cancel,rescind, or otherwise terminate this Declaration or the obligations created hereby,but this limitation shall not affect in any manner any other rights or remedies which any Owner may have by reason of any such breach. 9. Security: As security for the performance of the obligations of Participant as stated herein, Participant stipulates that this Declaration shall constitute a lien on and against the Property under California Civil Code, Section 2881, in the amount of One Hundred Twelve Thousand Seven Hundred Thirteen Dollars and Twenty Three Cents, ($112,713.23), and shall have priority over any and all junior liens. Said lien shall be by Participant to the City. 10. Partial Invalidity: Should any provision of this Declaration be held by a court of competent jurisdiction to be either invalid,void, or unenforceable,the remaining provisions of the Declaration shall remain in full force and effect unimpaired by the holding: 11. Governing Law: This Declaration shall be construed,interpreted, and enforced under and in accordance with and governed by the laws of the State of California. 12. Deeds: Each and every deed conveying Participant's fee interest in the Property or any portion of the Property to a grantee shall specifically reference this i Declaration and its date of recordation and shall specifically recite that the grantee takes I its fee contained herein,which shall be covenants running with such grantee's interest for the benefit or burden of such grantee's interest. 13. Amendments: This Declaration may be amended,modified, and/or supplemented only by the written agreement of the Owner of the Property and the City, which amendment,modification, and/or supplement shall be effective and binding upon the whole of the Property upon the recordation of same in the Official Records of the County of Orange, State of California. IN WITNESS WHEREOF, Participant has executed this Declaration as of the date first written herein above. PARTICIPANT, J.C. GALLAGHER i APPROVED AS TO FORM AND CONTENT: r . I CITY, HUNTINGTON BEACH i i ?zw' <e ATTACHMENT NO. 9 ALTERNATIVE FINDINGS FOR DENIAL ENTITLEMENT PLAN AMENDMENT NO. 00-11 ALTERNATIVE FINDINGS FOR DENIAL—ENTITLEMENT PLAN AMENDMENT NO. 00-11: 1. Entitlement Plan Amendment No. 00-11 for the modification to the fagade, use of the 2,530 sq. ft. roof deck for dining purposes, establishment of live entertainment at a previously approved restaurant, and approval of a parking in lieu fee participation agreement,will be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed live entertainment will create noise impacts detrimental to the surrounding residents and businesses. 2. Although the proposed entertainment is consistent with the zoning designation, it represents a use incompatible with an adjacent residential use located directly across the rear alley. RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Approve Entitlement Plan Amendment No.00-11 COUNCIL MEETING DATE: March 19, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS` REVIEWED RETURNED; . FORWARDED. Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City ClerkEXPLANATION 'FOR RETURN OF, ITEM SpaceOnly) RCA Author: PROOF OF PUBLICATION STATE OF CALIFORNIA) . SS. County of Orange ) I am a Citizen of the United States and a NOTICE' oF� oN FILE . copy i they proposed,request is�on PUBLIC HEARING.. file irc,the City�yClerks=0f resident of the County aforesaid; I am i BEFORE THEftCITW fice 2000 Main treet; COUNCIL-OF THEE Huntington Beach Cali-I over the age of eighteen years, and not a c,TvSO ou-'S -fomia 92648 fo- inspec- HUNTINGTON tion by the public A coppy party to or interested in the below I BEACH of the staff,report will De NOTICEIS HEREBY available to interested entitled matter. I am a principal clerk of I i parties at :the ,City GIVEN that,on Monday P Clerk's Office;affer�Fr,�_ I March 19 2001 at 7;00 day,�,Mar67,16 2001 the HUNTINGTON BEACH INDEPENDENT a pm. in#the Cify4Counctl i ALL INTEREST,EDt Chambers '2000 .Main PERSONS are••invited to. newspaper of general circulation, printed I Street Fluntington attend said hearing and' b Beach the City Copncil express' :opriions---or, and pu Ilshed in the City of Huntington :will hold a`public hearing submit.evidence Jor.xor on'the following planning against the application Beach County of Orange State of and zoning item.- as-outlined above If.you APPEAL.OF 1. California and that attached Notice is a I PLAN challenge the City Coun= NING COMMISSIONS cils�� mitaction,in_court you. �'A P P O R V'At O:F maybe liedeto raising I ENTITLEMENT PLAN only:'thoseilssues you or true and complete copy as was printed I AMENDMENT N© someone else.-raisedyat 00 11 (IBIZA RESTAIJ the apubh¢ hearing de`= and published in the Huntington Beach RANT LIVE ENTER scrdied in%thisl`notice TAINMENT AND ROOF or fin written cor> and Fountain Valley issues of said DECK DINING A Pp respondence delivered: cant Keith.Bohr 4,1- to the,City at or prior to-. newspaper to wit the issue(s) of: Townsquare Lane #21.9 I the ublic hearin If �-Huntington.Beach CA p 9 92648-Appellant Debbie.". there' are any further Cook, Mayor Pro T.em questions please call the l Request: To permd the Planning Department `at use of a 2-,550 square 536.5271 and refer toJ foot roof deck for dining the above dens Direct purposes and establish your:wntten commuoic t7 merit of live entertain lions to the City Clerk' March 8 , 2001 Conine Brockway ment wdhin�a`lprewouslY City Clerk'' approved restaurant:1 + Clty of Cf cation 209'Main Street Huntington"Beach (Ibiza Restaufatit){ 2000 Maln'Street .] Project Vlanner, Wayne 2nd Floor Carvalho Huntingtona Beach,•,.j NOTICE IS HEREBY, -Cahfornla 92648 I declare, under penalty ofperjury, that GIVEN that Item #1 is P tY (714) 536=5227 _ —categorically exempt Published Huntington the foregoing is true and correct. from vi the ;prosions ;of Beach Fountain Valley! t`h a -C all i f o.r np Independent -March 8,, k`}Environmenfal Quahtyl 200.1 y Act. 032-5261 L Executed on March 8 2001 at Costa Mesa, California. Signature ff-OZ-0) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, March 19, 2001, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. APPEAL OF PLANNING COMMISSION'S APPROVAL OF ENTITLEMENT PLAN AMENDMENT NO. 00-11 (IBIZA RESTAURANT LIVE ENTERTAINMENT AND ROOF DECK DINING): Applicant: Keith Bohr, 415 Townsquare Lane, #219, Huntington Beach, CA 92648 Appellant: Debbie Cook, Mayor Pro Tern Reguest: To permit the use of a 2,550 square foot roof deck for dining purposes and establishment of live entertainment within a previously approved restaurant. Location: 209 Main Street (Ibiza Restaurant) Project Planner: Wayne Carvalho NOTICE IS HEREBY GIVEN that Item#1 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after Friday, March 16, 2001. ,ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:1ega1s:CCLGFRM2) � P P +� � �' 03 - 1� - 0 � ��- I 1�x To fcv 10 CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT. Af tEPA M-11 ( 113[ZQ Rr�P t n-) . DEPARTMENT: ICJ 01 fJ61 MEETING DATE: 14AP-Cti 19 , 2.40 CONTACT: UJAYnSe CARVA LH-O PHONE: N/A YES NO ( ) (jyj ( ) , Is the notice attached? • Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) ( ) Are the date, day and time of the public hearing correct? ( ) ( ) If an appeal,is the appellant's name included in the notice? If Coastal Development Permit,does the notice include appeal language? ( ) ( ) Is there an Environmental Status to be approved by Council? ( ) ( ) Is a map attached for publication? ( ) ( ) 9Q Is a larger ad required? Size ( ) �Q ( ) Is the verification statement attached indicating the source and accuracy of the / mailinglist? Aar'(W � sTAfla ( ) ( ) Are the applicant's name and address part of the mailing labels? ( ) ( ) Are the appellant's name and address part of the mailing labels? M a)0Ole- P6 TM4 D05516; CCOK. ( ) ( ) If Coastal Development Permit,is the Coastal Commission part of the mailing labels? ( ) ( ) If Coastal Development Permit,are the resident labels attached? ( ) ( ) Is the Report 33433 attached? (Economic Development Dept. items only) Please complete the following: 1. Minimum days from publication to hearing date 2. Number of times to be published 3. Number of days between publications 21 724153 04 024 153 05 c 024 153 07 James Lane ` Ronald Mase Gary V. Mulligan 337 Frankfort Ave. i 16642 Intrepid Lane 221 Main Suite 6 Huntington Beach, CA 92648 Huntington Beach, CA 92649 Huntington Beach, CA 92648 i 024153 11 I 024 153 17 024 153 18 Eldon Willard Bagstad George Draper Frank Alfonso 301 Catalina Ave. 1210 Pecan Ave. 6630 Vlckiview Dr. Seal Beach, CA 90740 Huntington Beach, CA 92648 i West Hills, CA'91307 339 506 60 Jack Fryer 939 505 66 ! 939 505 68 200 Pacific Coast H #208 I Emma Niznik j Guilhemle Farjalla Huntington Beach, CA 343 South Ave.#52 ! 21776 Tahoe Lane 92648 Los Angeles, CA 90045 Lake Forest, CA 92630 339 505 71 939 505 80 Robert Robinson 939 75 Chet&Karla Cox 2950 E. La Jolla St. Michaaelel Johnson 2232 Chatsworth Ct. Anaheim, CA 92806 200 Pacific Coast Hwy#302 Henderson NV 89014 Huntington Beach, CA 92648 939 505 83 939 505 86 87 Kelly Ditmore Laura Stout 939 200 Pacific Coast Hwy#309 200 Pacific Coast Highway#313 Edwaardnd Hahn 2904 E. Echo Hill Way Huntington Beach, CA 92648 j Huntington Beach, CA 92648 i Orange, CA 92687 339 505 17 939 505 19 'rancisco Fabregas Jr. 939 50518 18401 Hampton.Circle John Crews Peter . Northridge, CA 91326 13655 Beach St. 210 W.-Temple Street#18-211 Cerritos, CA 90703 Los Angles, CA 90012 339 505 26 JVilliam Griffith ; 939 505 28 939 505 29 20431 Via Trovador Daniel O'Brien Richard Michalik forba Linda, CA ! 200 Pacific Coast Hwy# 119 7041 Big Springs i Huntington Beach, CA 92648 i Las Vegas, NV 89113 339 505 34 939 505 36 Adal Espeleta 939 505 Jeffrey Martin 746 N. Vista Heights Rd. I 200 Pacific Coast Hwy#127 Paul B I grange, CA 92687 67 s Circle Huntington Beach,CA 92648 lu on Beach, CA 92648 )39 505 44 Shin-El Inc. 939 505 49 939 505 50,51 31 N. Golden West Ave. - Rodney Albright - David Bartlett krcadia, CA 91007 I 200 Pacific Coast Hwy#141 607 Seventh Street ` Huntington Beach, CA 92648 Huntington Beach, CA 92648 !39 505 52 939 505 56 le Ash Che-Chemg Lee 939 505 67 ..8322 Monterra Circle E. 425 W. Le Roy Ave Anthony Lee 'alm Desert, CA 92260 i Arcadia, CA 91007 18422 Villa Dr. Villa Park, CA 92861 39 505 62 � 93950565 939 505 67 'oss Amspoker ! Robert Heggtveit Eric and Christina Lee 6449 Tierra Subida 29431 Vista Plaza Dr. 25 Warmspring almdale, CA 93551 Laguna Niguel, CA 92677 Irvine, CA 92614 339 505 69 939 505 74 939 505 77 Fakis Stathoulis `. Theodore Frankiewicz ' Richard Miller i 16727 Cobbler Crossing7956 S. Painter Ave. 12050 Woodruff Ave. ]owney, CA 90241 i Sugar Land,TX.77478 i Whittier, CA 90602 339 505 78 939 505 79 939 505 81 James Lin Hung Thai Tran Rosalie Sher 1752 Sombrero Drive 8006 N. El Dorado Street 9505 Orion Ct. Monterey park, CA 90241 Stockton, CA 95210 Burke,Virginia i 22015 i j 339 505 82 939 505 84 9 No!Koike Cr Maurice Gerard ?00 Pacific Coast Highway 307 i 245 H 8311 Snowbird Dr. Huntington Beach, CA 92648 Irvin , CPA Huntington Beach, CA 92648 , 339 505 88 93950592 939 505 94 .2ary Hairabedian Hidetake Nakamura Holmes , 1141 Ball Rd#256 Jeffrey ; 61 N. Golden West Ave. 3 yp ress CA 90630 17000 Samr Drive I Arcadia, CA 91007 Costa Mesa, CA 92626 339 05 99 Shin-El Inc. 93 939 506 04 31 N. Golden West Ave. Clifford a Roger Wilhelm %rcadia, CA.91007 200 Pacific Co as Hwy 34--7 4598 Park Dr. Huntington Beach, CA 92648 Salt Lake City, CA 84124 339 506 05 Coji Okache 939 506 07 939 506 10 31 N. Golden West Gary Lewis David Skidmore krcadia, CA 91007 3441 Venture Dr. 1 200 Pacific Coast Hwy �- Huntington Beach, CA 92649 Huntington Beach, CA 92648 l )39 506 13 Saul Strain i 939 506 14 939 506 15 ?00 Pacific Coast Hwy#349 ! Mark Lee Maurice Gerard8311 Snowbird Dr. iuntington Beach, CA 92648 200 Pacific Coast Hwy#350 Huntington Beach, CA 92648 Huntington Beach,-CA 92648 )39 506 17 :otaro Suzuki 939 506 22 939 506 24 812 Alpha Ave. Mario James Ricciardi I Robin Adair youth Pasadena, CA 91030 6210 Moon Shadow Place Alta Admiralty Alta Loma. CA 91737 Huntington Beach, CA 92648 i 33950627 I 939 506 30 .93950632 3amini Gunawardane Adel Zeidan - Robert Ian G7 Finnell Way 16346 Brookstone Circle lacentia, CA 92780 200 Pacific Coast Hwy#443 . La Mirada, CA 90638 Huntington Beach, CA 92648 �. •39 506 34 -- ohn Montague 939 506 36 939 506 39 14 Eight St {untington Beach, CA 92648 I Theresa McKinney Evedena Threinen 8444 Albia Street 200 Pacific Coast Hwy#M50 j Downey, CA 90242 Huntington Beach, CA 92648 :eith Bohr 024 143 26 15 Townsquare Lane#219 JT Development Company luntington Beach, CA 92648 15272 Bolsa Chica Huntington Beach, CA 92648 i f 3950526 939 505 21 939 506 23 ene lansiti Jean Perrin ` Hien Duc Tran 30 Pacific Coast Hwy#413 200 Pacific Coast Hwy#415 200 Pacific Coast Hwy#418 untington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach ,CA 92648 i 39 506 25 939 506 26 ! 939 606 28 ianca Holwerda Thomas&Carol McCann i Mary Self JO Pacific Coast Hwy#422 200 Pacific Coast Hwy#424 1200 Imperial Dr. untington Beach, CA 92648 ; I Huntington Beach, CA 92648 Glendale, CA 91207 39 506 29 srri and Sarina Putrasahan 939 506 31 . Joy Mlyaoka 33 )0 Pacific Coast Hwy#439 Leslie and Judith Pinchuk Joy 200 Pacific Coast Hwy# untington Beach, CA 11425 Dona Evita Dr. 2648 Studio City, CA 91604 Huntington Beach, CA 926644 8 39 506 35 93960637 939 606 38 laire Adachi Janet Delaney Norman and Miriam Rosenblatt )0 Pacific Coast Hwy#M 17 200 Pacific Coast Highway#M 30 4805 La Villa Marina#G untington Beach, CA 92648 Huntington Beach, CA 92648 i Marina Del Rey, CA 90292 24 142 13 024 142 14 024 142 16 ames and Sharon Torres Mark Nakashima Mike&Aidi Ali 13 5t'Street 9610 La Granda Ave. 19105 Breachcrest Lane#C untington Beach, CA 92648 Fountain Valley, CA 92708 Huntington Beach, CA 92648 M 142 07 024 142 18 024 142 04 n Ali i Marian E. Groussman United States of America ]5 5 Street 421 S. Rolling Hills Place 6771 Warner Ave. untington Beach, CA 92648 i Anaheim, CA 92807 Huntington Beach, CA 92648 24 144 10 I:ice T. Parnakian � 024 144 13 024 142 14 35 1't Street Marcus McCallen Y H Sun untington Beach, CA 92648 i 123 Peacock Dr. 16721 Carousel Lane San Rafael, CA 94901 Huntington Beach, CA 92649 24 146 14 'nad and Viola Samuel 024 147 03 024 am 05 132 Serene Dr. Vera Galitzen William Gallegos untington Beach, CA 92649 9770 James River Circle 210 5 Street Fountain Valley, CA 92708 Huntington Beach, CA 92648 i 024 147 15 024 147 23 9 a Lovi Pico Partnership Timothy and Michele Turner mtington each, CA 92q9W 347 N. La Jolla Ave 18052 Freshwater Circle Los Angleles, CA 90048 i Huntington Beach, CA 92648 4 14725 024 147 28 chard Harlow Robert Koury 024 147 36 42 Main Street Orange Coast Specialties PR mtington Beach, CA 92648 200 Main St.#206 633 Chapman Ave. Huntington Beach, CA 92648 Orange, CA 92866 A 147 37 ary Hatch 024 147 38 O. Box 5653 John C. Gallagher ke Havasu, CA 86403 � 209 Main Street Huntington Beach, CA 92648 3 939 505 31 r 939 505 32 r 939 505 53 Galitzen ; ` Thomas Pollard 9770 James River Circle 829 Beach Dr. Fountain Valley, CA 92708 Monteb lo, Needles, CA 92363 939 505 35 939 505 38 ! 93 Carlos Simsian De Ette Pier Inc. Le P.O. Box 661884 61 N. Golden West Ave. 1377 t Arcadia, CA 91066 Arcadia, CA 91007 i Redlan s A 92374 939 505 41 j 939 505 45 939 505 46 Mel Hui Wang Steven Russell & Margaret Gina C.Yu 200 Pacific Coast Hwy#132 Childester 200 Pacific Coast Hwy#138 Huntington Beach, CA 9932 St. Marys Circle I Huntington Beach, CA 92648 92648 Santa Ana, CA 92705 939 505 47 939 505 48 939 505 53 Michael and Linda Womack ' Sebastain Calabro , Shu Mel Tsai 200 Pacific Coast Hwy#139 200 Pacific Coast Highway#140 ' 200 Pacific Coast Hwy#145 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA -. .._ 92648 939 505 54 939505 55 I Mary Tracy Charles Schmidt ; 93950557 200 Pacific Coast Hwy#146 ; ; Michael Colacarro Huntington Beach, CA i 200 Pacific Coast Hwy#147 200 Pacific Coast Hwy#149 92648 I Huntington Beach, CA 92648 Huntington Beach, CA 92648 939 505 90 939 505 91 1 939 505 93 Mark Miller Scott Granger ! Clay Griffin Epperson 200 Pacific Coast Hwy#317 200 Pacific Coast Hwy#319 P.O. Box 11927 Huntington Beach, CA,�2648 Huntington Beach, CA 92648 Costa Mesa, CA 92627 939 505 95 Manhough & Ebtesam Khaled 939 505 96 ! 939 505 97 200 Pacific Coast Hwy#328 ' Irwin Ting Wayne and Theresa Rylski Huntington Beach, CA 92648 200 Pacific Coast Hwy#325 . ! 9770 La Zapatilla Circle Huntington Beach, CA 92648 Fountain Valley, CA 92708 939 505 98 ' *CA on 93950600 93950601 Michael NestorSylvia Sue Mohundro Huntington B a 200 Pacific Coast Hwy#332 200 Pacific Coast Hwy#334 Huntington Beach, CA 92648 Huntington Beach, CA 92648 I 939 506 02 Randolph Payne ! 939 506 03 _ 939 506 06 6201 Momingside Dr. Emest and Ruth Feld Jack Parks Huntington Beach, CA 92648 200 Pacific Coast Hwy#336 200 Pacific Coast Hwy 341 Huntington Beach, CA 92648 i Huntington Beach, CA 92648 939 506 09 939 506 11 939 506 12 PegglePearson Allison Richman Robert&Barbara Bryant 20000 Pa Pacific Coast Hwy#345 200 Pacific Coast Hwy#347 23 Bogey Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Coto De Caza, CA 92679 939 506 16 Jeffrey Droessler 939 506 18 939 506 19 200 Pacific Coast Hwy#404 Shin-I USA Inc. Louis& Margaret Chavez Huntington Beach, CA 92648 61 N. Golden West Ave. 1267 W. Kildare St. Arcadia, CA 91007 Lancaster, CA 93534 024 165 23 024 165 25 024 165 26 Robert Goodrich Joseph Weiser Richard Hyan 2008 W.Westwind 221 2nd St 223 2"d Street Santa Ana, CA 92704 Huntington Beach, CA 92648 Huntington Beach, CA 92648 937 192 33 505 10 Robert Koury 1217 D 200 Main St.#206 Huntin on Huntington each,C Huntington Beach,CA 925 8 92648 92648 939 505 14 1939 505 21 Vanetta Wihlidal 939 505 20 200 Pacific Coast Hwy#102 Ray Ewing Gorgen G. Youssefian Huntington Beach, CA 200 Pacific Coast Hwy#111 2530 Union Ave. 92648 Huntington Beach, CA 92648 La Habra, CA 90631 939 505 23 939 505 24 1939 505 27 Todd Garcia Ernie&Kahryn Hwang I James Fish 200 Pacific Coast Hwy#114 200 Pacific Coast Highway#115 200 Pacific Coast Hwy#118 Huntington Beach, CA 92648 Huntington Beach, CA 92648- I Huntington Beach, CA j 92648 024 153 23 i I Abdelmulti Development Co. ! ! _02415402 101 Main Street � Carol Farris Huntington Beach, CA ; 301 7 i 3417 Buckeye Place 92648 Huntingtoleach, CA Newbury Park, CA 91320 4n1'S9 Oade Corp. + 024 154 04 ; 024164 04 11642 Pine St. Linda D. Briggs Donald Perry Los Alamitos, CA 90720 125 Manhattan Beach Blvd.. ; 313 2"d Street ` T Manhattan Beach, CA 90266 Huntington Beach, CA 92648 024 164 07 024 164 10 024 164 11 Dennis Niccole Carmel Ling ; Alva Dellano 400 3 Street 5401 Mesagrove Ave. 318 3 d Street Huntington Beach, CA 92648 Whittier, CA 90601 Huntington Beach, CA 92648 02416502 Charles Cather 1 024 165 03 024 165 07 800 E. Wardlow Rd. B Kathryn Calvillo Anthony Pearson Long Beach, CA 90807 ; 215 fw Street 217 Olive Ave. - Huntington Beach, CA 92648 Huntington Beach, CA 92648 Robert Allen 024 165 09 024 165 12 327 Crest Ave. I Vance Derigo ; Ronald Hsueh Huntington Beach, CA 92648 I 222 3rd Street 7111 Stonewood Dr. Huntington Beach, CA 92648 Huntington Beach, CA 92648 ' I 024 165 13 024 165 15 024 165 16 Bernard�Mason John Ciaran Gallagher Bernard Mason 82512 Street m Huntington Beach, CA 92648 j 216 Walnut Ave 825 12 Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 024 165 18 024 165 19 i 939 505 03 Dewey Davide Robert Reider Mariano Cruz P.O. Box F 211 2'Street 200 Pacific Coast Hwy#121 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 L 29 29 CCUPANT �; OCCUPANT OCCUPANT 11-A MAIN ST 211-B MAIN ST .211-C MAIN ST ;UNTINGTON BEACH, CA 92648 i HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 .8 i 28 77 )CCUPANT OCCUPANT OCCUPANT :13 1/2-MAIN ST 213-MAIN ST 214% 3RD 77 -IUNTINGTON BEACH, CA 92648 i HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 27 27 CCUPANT i OCCUPANT ; OCCUPANT 114 3 215'%MAIN ST i 215-MAIN ST -IUNTINGTON BEACH, CA 92648 I HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 26 76 OCCUPANT i OCCUPANT 217-MAIN ST 2181 218 3RD -iUNTINGTON BEACH, CA 92648 HUNTI N BEACH, CA HUNTINGTON BEACH, CA 92648 . i 22 22 40 OCCUPANT OCCUPANT OCCUPANT 218 5' 211 A MAIN ST 211-B MAIN ST -IUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 I HUNTINGTON BEACH, CA 92648 ;0 I 40 40 OCCUPANT OCCUPANT OCCUPANT 211-A MAIN ST 211-B MAIN ST 211-C MAIN ST -iUNTINGTON BEACH,.GA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 i ;0 40 40 OCCUPANT OCCUPANT OCCUPANT 211-D MAIN ST 211-D MAIN ST 211-E MAIN ST HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 40 40 40 OCCUPANT ' OCCUPANT I OCCUPANT 211-F MAIN ST i 211-G MAIN ST ? 211-H MAIN ST HUNTINGTON. BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 + HUNTINGTON BEACH, CA 92648 40 40 40 OCCUPANT OCCUPANT OCCUPANT 211-1 MAIN ST 211-J MAIN ST 211-K MAIN ST HUNTINGTON BEACH, CA 92648 I HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 40 40 40 OCCUPANT OCCUPANT OCCUPANT 211-L MAIN ST i 211-M MAIN ST 211-N MAIN ST HUNTINGTON BEACH, CA 92648 i HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 0 40 40 / )CCUPANT t - . OCCUPANT ��'� OCCUPANT -11-0 MAIN ST 211-P MAIN ST - 222-5TH iUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 'S 75 75 )CCUPANT OCCUPANT OCCUPANT '.22 A 3RD 222 B 3RD I 222 C 3RD iUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 I HUNTINGTON BEACH, CA 92648 I 'S 75 ; 74 3CCUPANT OCCUPAN OCCUPANT 22 D 3RD 222 E 3RD 224 3RD iUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 i HUNTINGTON BEACH, CA 92648 36 60 60 DCCUPANT OCCUPANT OCCUPANT 24 57" 300 PACIFIC COAST HWY 300-104 PACIFIC COAST HWY -IUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 30 60. 40 OCCUPANT OCCUPANT OCCUPANT 300-106A PACIFIC COAST HWY 300-108 PACIFIC COAST HWY 300-112 PACIFIC COAST HWY -IUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 30 60 60 OCCUPANT OCCUPANT OCCUPANT 300-201 PACIFIC COAST HWY 300-202 PACIFIC COAST HWY 300-203 PACIFIC COAST HWY AUNTINGTON BEACH,to 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 30 60 i 60 OCCUPANT OCCUPANT ' OCCUPANT 300-301 PACIFIC COAST HWY 300-303 PACIFIC COAST HWY i 300-305 PACIFIC COAST HWY -iUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 30 60 OCCUPANT OCCUPANTmemo 300-310 PACIFIC COAST HWY 300-401 PACIFIC COAST HWY -iUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUN ON BEACH, CA 92648 30 60 I 06 OCCUPANT OCCUPANT - i , OCCUPANT 300-410 PACIFIC COAST HWY 300 PACIFIC COAST HWY 301 MAIN ST iUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 11 25 OCCUPANT OCCUPANT 303 3RD ST 3 — 414 WALNUT -IUNTINGTON BEACH, CA 92648 I HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 I i �g 47 rr 95 OCCUPANT OCCUPANT I, T OCCUPANT 126 MAIN ST 127 MAIN ST ! 200 MAIN 95 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 95 95 95 OC OCCUPANT OCCUPANT 201-101 MAIN 200-104 MAIN 200-105 MAIN HUNTINGTON BEACH, CA 92 ` HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 95 95 95 OCCUPANT OCCUPANT OCCUPANT 200-106 MAIN 200-107 MAIN 200-108 MAIN HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 95 95 95 OCCUPANT OCCUPANT OCCUPANT 200-109 MAIN 200-113 MAIN 200-114 MAIN HUNTINGTON BEACH, CA 92648 i HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 95 95 95 OCCUPANT OCCUPANT OCCUPANT 200-117 MAIN 200-200 MAIN j 200-201 MAIN HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 i HUNTINGTON BEACH, CA 92648 95 95 95 OCCUPANT I OCCUPANT OCCUPANT 200-204A MAIN 200-205 MAIN 200-206 MAIN HUNTINGTON BEACR,'�A 92648. HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 41 41 41 OCCUPANT OCCUPANT OCCUPANT 201 A MAIN 201 B MAIN ST 201-C MAIN HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 j HUNTINGTON BEACH, CA 92648 41 i 41 OCCUPANT OCCUPANT 201 D MAIN ST i 201 E MAIN i 202 HUNTINGTON BEACH, CA 92648 I HUNTINGTON BEACH, CA 92648 HUN GT BEACH, CA 648 II, 0 30 _ i 33 OCCUPANT OCCUPANT OCCUPANT 205'/MAIN ST. 205 MAIN i 207 MAIN ST HUNTINGTON BEACH, CA 92648 i HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 2 29 OCCUPANT OCCUPANT 08 5T"STREET I 211 MAIN UNTINGTON BEACH, CA 92648 HUNTI GTON BEACH, C 8 HUNTINGTON BEACH, CA 92648 i 1 Mr. and Mrs.Dorn Mr. and Mrs.Lee /'�1 Ms. Garnachie/Ms.Timpe 362 Fifth Street 378 Fifth Street ` 332 Fifth Street Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 NU.Troy Auzenne Mr.Evans/Ms.Hill i Ms.Germann i 336 Fifth Street 358 Fifth Street 338 Fifth Street Huntington Beach, CA 92648 Huntington Beach,CA 92648 I Huntington Beach, CA 92648 Mr. & Mrs.Goldwasser Ms.Idelle Hoffman Cary Hairabedian 304 Fifth Street 334 Fifth Street 308 Fifth Street Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Ms. Cheng i Mr.Radetich Peter Andriet 390 Fifth Street 368 Fifth Street 312 Fifth Street Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 i Mr. and Mrs.Bunten i Mr. Smith/Ms.Alsop Ms.Ahlers 380 Fifth Street 314 Fifth Street 370 Fifth Street Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Mr.and Mrs.Ward Mr. and Mrs.Holden Ms. Secousee 328 Fifth Street 376 Fifth Street 310 Fifth Street Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Ms.Liguori Mr. Pearson Mr. Brunicardi/Ms.MacKay 360 Fifth Street 384 Fifth Street 330 Fifth Street Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Mr.Walsh Mr. Makhail Mr. Welinder 354 Fifth Street I 306 Fifth Street 342 Fifth Street Huntington Beach,CA 92648 Huntington Beach,-CA 92648 Huntington Beach,CA 92648 Mr.and Mrs.Newman Mr.and Mrs.Benavente i Ms.Marlowe 344 Fifth Street 316 Fifth Street 326 Fifth Street Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Mr. Hanyak Mr. and Mrs.Lacher j Mr. and Mrs.Lota 372 Fifth Street 322 Fifth Street 388 Fifth Street Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 i 024 146 06 09 146 024 r 10 `024 146 15,20,21 James Briggs \. Ronald Wood Max Groussman 2855 Carlsbad Blvd.#S-323 19681 Quiet Bay Lane 421 S. Rolling Hills Place Carlsbad, CA 92008-2902 ; Huntington Beach, CA 92648 Anaheim, CA 92807 I I 024 147 09 I 024 147 34 024 144 12/147-39 Newport Financial Express William Gallegos Ben Trainer 3991 MacArthur Blvd.#350 210 Fifth Street 30 Fairway Dr. Newport Beach, CA 92660 Huntington Beach, CA 92648 San Rafael, CA 94901 024 154 17 Kyray LLC 024 164 06 024 164 13,14,15.16 16210 Bertella Dr. Michael Call Orange Coast Specialists Encino, CA 91436 9461 Banning Ave. 2123 Granada Ave. Huntington Beach, CA 92646 Balboa, CA 92661 024 165 10,11 024 165 27 024.165 28,29 Richard Berry Marc Richonne i Lillian Dade Trust 225 Second St. 1744 Paloma Dr. Huntington Beach CA 92646 Newport Beach, CA.92660 4709 Denia Way I Oceanside, CA 92056 024 165 14 1939 505 05 Patrick Gleason 024 165 20 I 806 Main Street Patricia Nydam Kalavathl Bhupathy Huntington Beach, CA 92646 213 Second Street 180 E. Main Street Huntington Beach, CA 92648 Suite 200 Tustin, CA 92780 909 Wol 939 505 16 939 505 25 . 200 Pacifi Ruby Sanchez James Sorenson Huntington each, CA 9 I 987 Verona Street 853 E. Seventh Street Fullerton, CA 92835 Chico, CA 95928 0241440203 024 147 40 Robert Bolen Thomas Caverly 1818 Pine Street 553 Temple Hills Huntington Beach, CA 92648 Laguna Hills, CA 92651 I I 10 fr. Thomas Adams Mr.Peterson/Ms.Harris Mr.Kaminski J2 Fifth Street 364 Fifth Street 324 Fifth Street :untington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 i fr. George Vilagut Mr.and Mrs.Reneau Mr.and Mrs.Hintze Fifth Street 366 Fifth Street i 352 Fifth Street �6 56 Fifth Beach,CA 92648 Huntington Beach,CA 92648 , Huntington Beach,CA 92648 fr.& Mrs.Lee Ms.Catherine Syhre Mr.and Mrs.Ron Gonzales 73 Fifth Street 374 Fifth Street 340 Fifth Street [untington Beach,CA 92648 Huntington Beach,CA 92648 i Huntington Beach,CA 92648 cc✓ �..T fr. and Mrs.Whiteheas 20 Fifth Street haoh `1untmgton Beach,CA 92648v $ �.T i � i �1 Smooth Feed SheetsTM Use template for 51600 939-506-08 939-505-85 024-147-14 Clifford Matican Craig Smith Douglas Langevin 433 Beacon Hill Dr. 200 Pacific Coast Hwy. Suite 312 4124 Leonard Road Coppell, TX 75019-3717 Huntington Beach, CA 92648-5191 Grants Pass, OR 97527=9255 939-505-32 939-505-34 024-154-01 Amalia Salazar Paul Byrne III Mazen Mustafa Zeidan 835 San Marino ave. 6732 Alamitos Cir. 301 17t' St. Montebello, CA 90640-5525 Huntington Beach, CA 92648-1537 Huntington Beach, CA 92648-4209 939-505-98 _ 939-505-40 024-165-30 Justin Branson Leonard Lee Baily PMB 363 William Vogt 200 Pacific Coast Hwy Unit 328 700 E. Redlands Ave. Unit U 19432 Pampano Ln. Apt. 112 Huntington Beach, CA 92648-5123 Redlands, CA 92373-6152 Huntington Beach, CA 92648-6421 939-505-10 22 09 Marilyn Montero Occupant Occupant 200 Pacific Coast Hwy`. Unit 101 218 '/Z Main St. 316 Olive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 60 75 95 Occupant Occupant Occupant 300-406 Main St. 222 E. 3`d St. 201-101 Main St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 39 82 939-505-15 Occupant Occupant Wolfgang Haubold 209 Main St. 202 3`d St. 200 Pacific Coast Hwy. #106 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648-5123 Occupant 208 5" St. Huntington Beach, CA 92648 �2 AVERY0 Address Labels Laser 5960TM PUBLIC HEARING NOTIFICATION CHECKLIST"B" MAILING LABELS- , G:IabeU\Iabels\Public Heading, eaU oe �, President 1 Huntington Harbor POA 10 FANS 16 H.B.Chamber of Commerce P.O.Box 79 �� John Miles 2100 Ziain Street,Suite 200 S ac CA 90742 19425 C Circle Huntington Beach,CA 92648 on Beach,CA 92648 Judy Legaa 2 William D.Holman 11 Sue Johnson 16 Orange County Assoc of Realtors PLC 19671 Quiet 25552 La Paz Road 19 Corpora rive Hun' each,CA 92648 Laguna Hills,CA 92653 N each CA 92660-7912 President 3 Mr.Tom Zanic 12 Edna Littlebury 17 Amigos De Bolsa Chic New Urban West Glda St Mob.Hm. 16531 BoIsa et,Suite 312 520 Broa 11021 v . H Beach,CA 92649 S oaica,CA 90401 IQ110en Grove,CA 92642 Sunset Beach Community 4 Pres.,H.B.Hist Society - 13 - Pacific Coast Archaeological 18 Pat Thies Pre ' C/O Newland House 14i Society,Inc. PO 19820 Beach P.O.Box 10 Beach,CA 90742-0215 H each,CA 92648 Car a,CA 92627 j Attn:Jane Gothold i President 5 Community Servic ept. 14 County of Orange/E 19 Huntington Beach Tomorrow Chairpers Michael M , PO Box 865 His Resources Bd. P. 048 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 ­- Julie Vandermost 6 Council on Aging 15 County of Orange/E 19 BLA-0C 1706 Orange Av Thomas Ma 9 ve Circle#100 Hun' each,CA 92648 P.O 48 Ca 92714-6734 SdEa Ana,CA 92702-4048 Richard Spicer 7 Jeff Metzel 16 Pinning Department 19 SC_AG Seacliff HOA Orange County 81 th,l2th Floor 19391 Sha�BCA cie P.O. s Angeles,CA 90017 o2648 S CA 92702-4048 Downtown Business Association 43 E.T.I.Corral 100 8 Arr.Steve Daniels Downtown Residents Association 44 Mary Bell 200 Main Street#106 Ms.Marie St.Germain 2029 ood Cis. Huntington Beach,CA 92648 505 Alabama tmgton Beach,CA 92646 Huntington Beach CA 92648 Frank Caponi 9 Eaviroamental Board Chairman 6662 Glen Drive Huntington Beach,CA 92647 �z eojAruu MEETING DATE: March 19, 2001 DEPARTMENT SUBJECT: REQUESTING: Planning Appeal of EPA 00-11 (IBIZA RESTAURANT) Economic Development Proposed Issuance of$8.1 million Multi-family Housing Revenue Bond (Quo Vadis Apartments -Forida Street) I TODAY'S DATE February 28, 2001 VERIFIED BY ADMININSTRATION: APPROVED BY: Ray Silver City Administrator 2/28/01 3:30 PM Appeal - Ibiza Restaurant Live Entertainment/Roof Deck Entitlement Plan Amendment No. 00-11 �i Project Description ❖ Location: 209 Main Street (former China Wok) ❖ Establish outdoor dining on roof deck ❖ Live entertainment on ground floor (11 AM - 12 Midnight) •:• Amplified entertainment ❖ Live entertainment on roof deck (11 AM - 8 PM) :• Non-amplified/Acoustic instruments ❖ Low-level background music from stereo/tuner ❖ Participation in parking in-lieu fee program for 17 spaces 2 ,I 1 l Appeal ❖Filed by Mayor Pro Tem Debbie Cook •: Live entertainment on roof deck will be detrimental to surrounding property owners and residents ❖ Additional mitigation is needed to reduce conflicts 3 Background ❖ Re-establishment of restaurant with alcohol sales and outdoor dining approved by Planning Commission in January 2000 ❖ Outdoor dining and alcohol sales on Main St. sidewalk •: 500 sq. ft. expansion of existing restaurant Participation in in-lieu parking program for four spaces 4 2 Planning Commission Meeting -*.-Public Hearing: January 9, 2000 -*.-Four persons testified at public hearing; 2 in opposition to roof deck entertainment -*.-Entitlement Plan Amendment approved (4-2 vote) ❖ Compatible with surrounding land uses With conditions on entertainment and noise, no impacts to surrounding residents 5 Staff Analysis ❖Project is consistent with General Plan, DTSP, and Downtown Design Guidelines: ❖ With conditions, entertainment will be compatible with adjacent residential uses and will not create noise impacts ❖ Police Dept. supports request ❖ Fagade improvements compatible with adjacent buildings ❖ DRB supports modifications to fagade 6 3 Staff Analysis. -:."-Consistent with Downtown Parking Master Plan: ❖ Parking satisfied through payment of in-lieu fees for 17 spaces ❖OPA allows 50% reduction of in-lieu fees .,..Current fee: $13,260.38 per space 17 spaces @ $6,630.19 per space _ $112,713.23 :•Payable in lump sum or amortized over 15 years Planning Commission and Staff Recommendation ❖Approval of the Entitlement Plan Amendment ❖ Consistent with General Plan, DTSP and Downtown Design Guidelines ❖ Modification to fagade compatible with existing design ❖ Compatible with surrounding visitor-serving and residential uses ❖ Six month review to ensure compatibility with surrounding area S 4 ;t -J tq A. Lj -` j I MEETING DATE: July 1, 2002 i DEPARTMENT ID 11BER: PD-02-014 Council/Agency Meeting Held: -/-oz , Deferred/Continued to: Approve ❑ Conditionally Approved ❑ Denied City erk's Signatu Council Mee ing Date: July 1, 2002 Department ID Number: PD-02-014 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOFVdg.P PREPARED BY: RONALD LOWENBERG, CHIEF OF POLICE SUBJECT: APPEAL OF ENTERTAINMENT PERMIT FOR IBI A R STAURANT Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Mr. Gallagher, the representative for Ibiza Restaurant, located at 209 Main Street, is requesting an appeal of two conditions.of the entertainment permit issued to Ibiza Restaurant. The permit was issued from the Police Department. Funding Source: N/A Recommended Action: of 0-1m 7a Alternative Action(s): 1. Deny the permit. 2. Modify the permit. 3. Continue the appeal of the permit and direct staff accordingly. D ' I / RCA Ibiza Restaurant2.doc $- 6/26/2002 8:28 PM REQUEST FOR ACTION MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER: PD-02-014 Analysis: Background and Procedure: Huntington Beach Municipal Code Chapter 5.44 requires an establishment to obtain an entertainment permit if the establishment provides or permits any type of entertainment. HBMC 5.44.020(b)(1)(a) defines entertainment as: a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons... Pursuant to Huntington Beach Zoning and Subdivision Code Section 248.20 (as referenced by HBMC 5.44.070), City Council shall hear the appeal of the entertainment permit as a new matter. The applicant, Ibiza Restaurant, has the burden of proof. The City Council may grant, conditionally grant, or-deny the entertainment permit and/or any of its conditions, in part or in its entirety. Appeal of Condition #1: Condition #1 limits the hours of entertainment. The Police Department determined that the appropriate hours of entertainment were: Indoors: 11:00 AM to Midnight Daily Rooftop: 11:00 AM to 8:00 PM Daily The Police Department restrictions are based on Ibiza Restaurant's proximity to nearby residences. All businesses of this type, which are adjacent to, or in close proximity of residences, have similar hours of entertainment as a condition of their entertainment permit. Mr. Gallagher is requesting that the indoor hours of entertainment be extended from midnight to 1:30 a.m. daily. The Police Department recommends City Council uphold the hours of entertainment as issued on the entertainment permit. Appeal of Condition #6: Condition #6 prohibits dancing at the establishment. As the Conditional Use Permit (C.U.P.) for Ibiza Restaurant prohibits dancing, the Police Department includes this restriction on the entertainment permit for consistency. Mr. Gallagher is requesting that dancing be allowed at the location. If Council elects to modify the entertainment permit, Ibiza Restaurant must process an Entitlement Plan Amendment (EPA) to their previously approved CUP to delete the condition prohibiting dancing. The EPA is discretionary and subject to review by the Planning Commission. The Police Department recommends the City Council uphold the prohibition of dancing at the establishment. RCA Ibiza Restaurant2.doe -3- 6/26/2002 8:28 PM REQUEST FOR ACTION MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER: PD-02-014 Supplemental Information At the June 17, 2002, City Council meeting, the Public Hearing on this issue was opened and closed. The Council requested that this issue be brought back to the July 1, 2002, meeting to address the two C.U.P. conditions that Mr. Gallagher is appealing. With respect to these two conditions, the Planning Department has prepared a chart of entertainment establishments in the 100, 200 and 300 blocks of Main Street and the 300 block of Pacific Coast Highway (Attachment 5). This chart indicates that of the 17 establishments, only 5 are allowed to have dancing at their businesses. Eleven of the 17 have closing times of 1:00 a.m. or later for some or all of their operating days Of the locations that have closing times of 1:00 a.m. or later, all are situated 120 feet or greater distance from residences. Ibiza Restaurant is within 50 feet of two residential units, located above The Shed. Both residential units are currently occupied. Although The Shed is in .the process of selling to new owners, the new owners indicate that they intend to continue to utilize the areas for residential living. Due to the close proximity of these residential units to Ibiza's, restricting the operating hours to midnight assists in providing the residents with a reasonable standard of living. The closing time for The Shed is 9:00 p.m. Ibiza's Restaurant was initially licensed to operate as a dining establishment. The Police Department believes that allowing dancing and extending the hours of operation will metamorphose this location from a dining establishment to a nightclub. Ibiza's restaurant has 1,715 square feet of public space, including the restroom areas. In order to include dancing, Ibiza would have to decrease its dining area, thus furthering the transformation from a dining establishment to a nightclub. It has been the Police Department's experience, that establishments with dancing have a greater propensity for louder music. Also, businesses that have dancing tend to generate more activity outside the establishment. This is due to patrons stepping outside to cool off or to find a quieter place to talk to others. Moreover, patrons who are dancing are more likely to consume greater amounts of alcohol as they are more active and become thirsty. As dancing is included and operating hours are extended, it is more likely that patrons will leave these establishments under the influence of alcohol, which could lead to other dire consequences. Lastly, a modification of this application may encourage other establishments to follow suit. This would create a very dense area with many establishments operating with increased noise levels, serving alcohol, and closing during the early morning hours. Police staffing at 2:00 a.m. is generally 8-10 officers for the entire city. An alcohol related incident, whether it is an act of violence or a traffic related issue, is likely to utilize most, if not all of these officers, thus leaving very few or no resources for the other areas of the city. In order to avoid this situation from occurring, it is best to stagger closing times of these establishments and limit situations in which alcohol consumption would become excessive. RCA Ibiza Restaurant2.doc -4- 6/27/2002 11:17 AM REQUEST FOR ACTION MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER: PD-02-014 The Police Department recommends that Mr. Gallagher's appeal on the two conditions of Ibiza's Restaurant entertainment permit be denied. Environmental Status: N/A Attachment(s): 1 Entertainment Permit for Ibiza Restaurant issued April 17, 2002 2 Appeal request from Eugene Gallagher dated May 3, 2002 3 HBZSC Chapter 248 & HBMC Chapter 5.44 4 Aerial Photographs 5 Downtown Entertainment Chart from Planning Department RCA Author: Preston Linker/Shawna Krone-Schmidt RCA Ibiza Restaurant2.doc -5- 6/27/2002 10:24 AM ATTACHMENT # 1 ENTERTAINMENT PERMIT THIS PERMIT ALLOWS ONLY THE ACTIVITY SHOWN BELOW BY THE PERSON OR PERSONS TO WHOM THE PERMIT IS ISSUED. THIS PERMIT IS NOT TRANSFERABLE. ISSUED TO: IBIZA RESTAURANT 209 Main St. Huntington Beach, CA 92648 EFFECTIVE DATE: April 1, 2002 to April 1, 2003 CONDITIONS: D"'. 1. Hours of Entertainment: Indoors: 11:00 AM to Midnight Daily ` Rooftop: 11:00 AM to 8:00 PM Daily ' 2. Types of Entertainment: Entertainment, amplified, and non-amplified, not otherwise prohibited or regulated b i y rdinance or City Permit Process, or any conditions set forth by the A.B.C., is approved. 3. Rooftop Entertainment shall be limited to 2 performers, non-amplified acoustical instruments. Bass guitar and percussion instruments prohibited. Rooftop entertainment will not be audible beyond 20 feet. 4. Roof Top Dining will be limited to 9:00 AM to Midnight Daily. 5. Food Service shall be required with all alcohol sales on the Roof Deck. 6. Dancing is not allowed. 7. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. Alcoholic drinks shall not be included in the price of admission. 8. Entertainment will not be audible beyond 50 feet of the building in any direction. (HBMC 5.44.050(a)). 9. All exterior doors and windows shall be closed during times of entertainment. All amplified entertainment must remain inside the establishment at all times. 10. Security Guards: At least(1) when entertainment is present.The guards must be clearly identifiable as security guards. When occupancy exceeds 100, one additional guard per 100 persons must be present. 11. This permit is valid only when used in conjunction with a valid Conditional Use Permit allowing entertainment at the premises. 12. This permit must be posted in a conspicuous place on the premises described above. 13. Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any violations of your A.B.C. License or Conditional Use Permit, can result in the suspension or revocation of your Entertainment Permit. 14. Per section 5.28.030 HBMC, No person conducting, maintaining or carrying on a business, or having charge or control thereof, which permits entertainment to be allowed on its premises, shall permit to be admitted on such business premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. 15. Must obey all state, local, and municipal laws, including, but not limited to,the"No Smoking" statue under Labor Code 6404.5. You rhave ithe right,io appeal the con irtions'on,this permit to.,the City Council,ifi the manner provided,by'Section,248 02A of the-Hunntmgton Beach Zoning: J and Subdivision Ordinance;except^that the written ajipeal must be filed with the City Clerk within five-Oay.Slof service of this written_once r ._, . ISSUE DATE: April 17,2002 RONALD E.LOWENBERG Chief of Police ATTACHMENT # 2 [Awl 4o mk\j bt air ow _.. h HUNTINI.,1011 cEACH.CA U�N ►�" per C_o���t�way �D ... t �' 4 /-►NNinJG. ...& GR._.._._Gi�. CLeg. .. ... . o+,�eobj +Uxt: -UAL .73 uGe,A)e,.. _.&P►LLAErHEn [ wv,,L�d 4 e .¢ 0JI4ecL/ I� J I-,.e., r-e�r,�,arv�_:.._.cn'1,__:.�►a,,��_ ��d-e.-�a�.�w��l' owe, our 11 ;. why J-o cafetL -on p&ea : F� L �mA a •�� 1 'C1 _ ��� �l lIJ �� �� COY\dA+.0-11) WRfl- �110­�04 dmve . a �ad•e�- dwEe . . ,Pam a., ve . o EsCRaD).. to &re.. O�j ef tud__I C.0 J-10, Lar, w I .. ru - m0r 4a%, 1 rH Gam. ..Frcr , h vm ca4e-o . c�o 7LJ�)C& care. �cwe a•J � r is se Aj o� \ i s 2eGil2+�. Imo- K nAla2 a e•{� r H$P-a V or Ca,Uo GruAcw oe o C� �R t� C cam' . � resod-e, Awo ate 4c) --\.en, 1 o ►�n vly-y , lr•�- �eca.wQ I urljlzl-cow-' 40A OVA ATTACHMENT # 3 :. ndntt((�� >< J:e: > o> c < Sections: 248.02 Director's Duty to Give Notice 248.04 Notice Requirements 248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden of Proof 248.08 Requirement that Findings be Made Upon Grant of Application 248.10 Time and Manner of Decision 248.12 Time Limit on Reapplication for Same Matter 248.14 Denial Without Prejudice 248.16 Finality of Decision and Time for Appeal 248.18 Designation of Hearing Body on Appeal 248.20 Appeal of Decision 248.22 Appeal of a Failure to Act 248.24 Appeal of Decision Not Otherwise Provided For 248.26 Fee for Appeal 248.28 Appeal by City Council Members or Planning Commissioner 248.30 Effective Date of Decision 248.02 Director's Duty to Give Notice Within sixty(60) days after final environmental evaluation the Director shall give the notice of public hearing required by law. The form of the notice shall contain: A. The date, time and place of the hearing; B. A general explanation of the matter to be considered, including a general description of the area affected; C. Other information which is required by statute or specific provision of this code or . which the Director considers necessary or desirable. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-1 5197 _ B. Subsection A applies only to a determination made in the reviewing body's adjudicatory capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a zoning or subdivision provision. The existence or. non-existence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. 248.10 Time and Manner of Decision A. Form. After hearing the evidence and considering the application, the reviewing body, i.e., Zoning Administrator, Planning Commission, or City Council, shall make its decision. The decision shall be in the form of a written statement, minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision. B. Time. The reviewing body shall formulate its written findings within 5 calendar days after the decision. C. Notice of Decision. The Director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings within 5 working days of the decision, excluding weekends and holidays. The Director shall also have notice of the decision posted and distributed to the Planning Commission and City Council within 48 hours of such decision. D: Acceptance is Applicant's Agreement. The applicant's acceptance of the decision is.an agreement to comply with the decision and its terms and conditions. 248.12 Time Limit on Reapplication for Same Matter • 'If an application is denied and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final except as provided in section 248.14 for denial "without prejudice." 248.14 Denial Without Prejudice If the application is denied "without.prejudice," the applicant may reapply for substantially the same request without complying with the time limit prescribed in section 248.12. 248.16 Finality of Decision and Time for Appeal A decision on a discretionary approval is not final until the time for appeal expires. The time for appeal from a decision by the Zoning Administrator, the Environmental Assessment Committee, Subdivision Committee, Design Review Board, or the Planning Commission shall be filed within ten calendar days after the date of the decision. Appeals may not be processed on actions which must be heard by and receive final action by the City Council, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission as described in Section 245.32. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-3 5/97 _ 248.24 Appeal of Decision Not Otherwise Provided For A. Any person may appeal a decision, requirement or determination made by the Director in the administration of the zoning and subdivision ordinances not otherwise provided for in the individual titles of this code. The Planning Commission shall hear the appeal in the first instance. The appeal shall be in writing, filed with the Director and shall specifically set forth.the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within ten calendar days of the date of the action appealed. B. The notice of appeal shall be in the form provided by Section 248.20 A and B. The Director shall schedule the appeal for consideration by the Planning Commission within 30 calendar days and shall give the appellant to calendar days notice of the time and place of the hearing. The decision of the Planning Commission may be appealed to the City Council. 248.26 Fee for Appeal The notice of appeal shall be accompanied by the fee fixed by resolution of the City Council. 248.28 Appeal by City Council Member or Planning Commissioner A. A City Council member or a Planning Commissioner may appeal a decision of the Director, Design Review Board, Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning Administrator. The appeal shall be processed in the same manner.as an appeal by any other person but need not be accompanied by the fee prescribed for an appeal. B. The City Council member or Planning Commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. 248.30 Effective Date of Decision A decision on a discretionary approval becomes effective at the end of the appeal period. The decision of the City Council is final on the date of its decision, except that decisions on coastal development permits for development located in the appealable area of the coastal zone, the effective date is the day after the Coastal Commission appeal period expires and no appeals were filed or the date upon which final action on the appeal occurs. (3334) Huntington Beach Zoning and subdivision Ordinance Chapter 248 248-5 5/97 _ Huntington Beach Municipal Code 5.44.010-5.44.015(a) Chanter 5.44 RESTAURANTS—AMUSEMENT AND ENTERTAINMENT PREMISES (1265-12/66,1444-10/68,1454-12/68,3213-11/93,Urg.3247-8/94,Urg.3341-to/96,3449_z2000) Sections: 5.44.010 Entertainment permit required 5.44.015 Entertainment restrictions 5.44.018 Beverage License--Minors on Premises 5.44.020 Definitions 5.44.025 Repealed--Ordinance 3213-11/93 5.44.030 Entertainment permit--Application 5.44.040 Permit--Application fee 5.44.050 Permit--Granting 5.44.060 Permit--Period valid 5.44.065 Permit--Notice to Applicant of Action Taken 5.44.070 Permit--Appeal of decision — 5.44.080 Exclusions 5.44.090 Revocation and/or Suspension of permit 5.44.095 Revocation of Permit--Notice to Applicant of Action Taken 5.44.097 Revocation/Suspension--Appeal of Decision 5.44.100 Revocation of permit--Reapplication 5.44.010 .Entertainment permit required. (a) No person shall provide or permit any type of entertainment in a coffee shop, restaurant, nightclub, or place where food or other refreshments are served and which is open to the public unless such person shall first obtain a permit to do so from the Chief of Police as hereinafter provided. (1265-12/66,1454-12/s8,2541-/82,3213-11/93) (b) Every establishment in the City of Huntington Beach is subject to the requirements of this chapter, if entertainment or dancing is conducted or proposed to be conducted in such establishment. (3213-11/93) (c) No entertainment or dancing will be allowed in any establishment, unless a permit therefor is granted, in compliance with the provisions of this chapter, and unless said establishment is'in complete compliance with every other applicable law which may otherwise apply to the operation of the establishment. p213-11/93) (d) The Issuance of a Sex Oriented Business Permit pursuant to Chapter 5.70 of this Code is applicable satisfies the entertainment requirement of this Chapter. A separate entertainment permit is not required. (Urg.3341-10/96) 5.44.015 Entertainment restrictions. The permittee shall: (2n000) (a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the business in any direction; and(2rmw) 2/2000 Huntington Beach Municipal Code 5.44.020(3)—5.44.030(b)(2) recorded music and no other entertainment, as herein defined, are not required to comply with the provisions of this chapter, unless the recorded music is played on equipment which is operated by an agent or contractor of the establishment for a period exceeding ten(10)minutes per hour. The intent of this section is to require a permit of establishments which provide that which is commonly known as a "DJ" and to exempt establishments which provide incidental or ambient music. (3213-11/93) (c) Dancin . "Dance and Dancing" is defined as movement of the human body, accompanied by music or rhythm, except however, "dance and dancing", as used in this chapter, means dancing by patrons only; any other form of dance is deemed "entertainment", as defined herein. (3213-11/93) (d) Patron(s). "Patron(s)" is defined as a member or members of the public who enter any establishment subject to this chapter, except as hereinafter provided. (3213-11193) "Patron(s)" do not include: (3213-11M) (1) any agent, owner, employee or contractor of an establishment subject to this chapter. Any person who indirectly or directly receives anything of value in exchange for his or her services rendered on behalf of such establishment shall be considered an "employee" hereunder; (3213-11/93) (2) any agent or representative of any governmental entity of any description whatsoever, including ad hoc boards, task forces, and commissions, provided that such agent or representative enters an establishment, acting in his or her official capacity on behalf of said governmental entity; (3213-11M) (3) persons who conduct entertainment at the subject establishment. (3213.11/m) 5.44.030 Entertainment permit—Application. (3213-11/93) (a) If a Conditional Use Permit, or any other entitlement, except a certificate of occupancy, is required for the use of any establishment which proposes to provide, or which does provide, entertainment or dancing,the provisions of this chapter shall be satisfied before application is made to the City for any such use permit or entitlement. The body before whom such entitlement application is heard shall not impose any condition inconsistent with the conditions imposed on a permit issued pursuant to this chapter. p213-11i3) (b) Applicants for entertainment permits shall file a written, signed and acknowledged application with the Business License Department showing: (3213-11/93) (1) The true, full name and any other names, including aliases, used by the applicant, and the permanent address of applicant; (3213.11/m,wg-22000) (2) The days of the week, specific hours and address where the entertainment is proposed; (3213-11/93,3449-220W) 22000 Huntington Beach Municipal Code 5.44.040—5.44.050(8) 5.44.040 Perm it—Aaalication fee. A fee of two hundred dollars($200) shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of the application. This fee amount shall be valid for a period of one year from the date of adoption of this ordinance. Thereafter the fee shall be set by resolution of the City Council. (12Grr12166,3213-111M) 5.44.050 Permit—Grantin>?. After the making and filing of the application, the Business License Department shall refer the matter to the Chief of Police for investigation and report thereon. The Chief of Police shall approve and issue an entertainment permit if the application and evidence submitted show that: (126s-12/66,1444-10168,3213-11/93,Urg.3247-&94) (1) The granting ofprevious entertainment and other related permits to the applicant has not, in the past, resulted in the operation of a business or businesses which have created loud and/or unreasonable noise levels for that location, as regulated by Huntington Beach Municipal Code Section 8.40, or excessive disturbances to the surrounding environment such that calls for services-to the Police Department have exceeded fifteen(15)in the preceding twelve (1'2) months, and (Urg.3247-&94) (2) The applicant or business has not been'previously convicted of disturbing the peace and/or the creation of and failure to abate a nuisance as defined in the California Civil Code, or Huntington Beach Municipal Code Section 17.10, and(urg.32474Y94,3449-2r,=) (3) The entertainment to be provided would not attract crowds considered large for that location, would not overwhelm the available police and safety services, and would not be incompatible with the surrounding environment, and(Urg.3247-8M,212000) (4) The premises within which the entertainment is to be presented shall provide sufficient sound- absorbing insulation such that noise generated within the premises shall not be in violation of Huntington Beach Municipal Code Section 8.40 in relation to adjacent property or public right-of-way or within any other building or other separate unit within the same building, and (Urg.3247-8/94) (5) Considering where the entertainment is to be presented and its proximity to other businesses, residences, and the surrounding environs, there exist possible effective means of mitigating the noise emanating from the business to a level of insignificance and in compliance with Huntington Beach Municipal Code Section 8.40, and (Urg.32474Y94) (6) The place of entertainment is to be located in a zone permitting the proposed use under Chapter 211 of the Huntington Beach Ordinance Code, and (Urg.3247494) (7) All signage conforms to the requirements for that zone, and (Urg.3247-8/94) (8) The granting of an entertainment permit would not violate other sections of the Huntington . Beach Municipal Code or other applicable municipal, state, or federal laws, and (urg.3247-w4, 3449-ZWW) 2/2000 5.44.090(b)—5.44.100 Huntington Beach Municipal Code (b) permitted entertainment that is detrimental to the public welfare or that permittee, or his employees, are engaged in conduct or behavior which creates unreasonable noise or constitutes a nuisance, including but not limited to complaints registered with any City Department, the State Alcoholic Beverage Control Board or the County Health Department; or(3449-2t2000) (c) The application is discovered to contain.incorrect, false, or misleading information, or (d) the business has been in violation of three (3) or more violations of the same provision, or six (6) or more violations of any of the provisions, of this Chapter occur(regardless of whether notice of each individual violation is given to the owner or applicant)within any twelve (12) month period; or(3449-2rz000) (e) The permit holder has had a entertainment permit or other similar permit or license denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date-of application. (3449-2rz000) — 5.44.095 Suspension Revocation of Permit--Notice to Applicant of Action Taken. Upon determining that grounds for permit revocation or suspension exists, the Chief of Police shall furnish written notice of the revocation to the permit holder. Such notice shall summarize the principal reasons for the revocation. If the notice is mailed, it shall be deposited in the United States Mail, first class postage prepaid, to the address shown on the application. Service shall be deemed complete upon personal service or mailed in the United States Mail. The notice shall also advise the applicant of his right to appeal the revocation or suspension of the permit.p449-2rzow) 5.44.097 Revocation/Suspension--Appeal of Decision. Any permittee aggrieved by the decision of the Chief of Police to revoke or suspend a permit may appeal to the City Council in the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5) days of service of written notice of the Chief of Police's decision. The notice shall also advise the permittee of his/her right to appeal the revocation or suspension. (3449-zzw) 5.44.100 Revocation of permit--Reapplication. Whenever a permit or license is revoked under the terms of this chapter, no other application for a permit under this chapter shall be considered for a period of one year from date of such revocation. (ims-i2,66) MOW ATTACHMENT # 4 i MEETING DATE: June 17, 2002 DEPARTMENT SUBJECT: REQUESTING: City Attorney Formation of Holly-Seacliff Area Benefit District Police Entertainment Permit for Ibiza Restaurant Planning ZTA No. 02-04 Religious Assembly in the Ellis-Goldenwest Specific Paln TODAY'S DATE May 30, 2002 VERIFIED BY ADMININSTRATION: � APPROVED BY: Ray Silver City Administrator 5/30/2002 12:59 PM Schi: 01—o�Qz NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, June 17, 2002, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following items: 1. APPEAL OF ENTERTAINMENT PERMIT FOR IBIZA RESTAURANT: Applicant: Eugene Gallagher Request: To appeal two conditions to the entertainment permit issued April 17, 2002 to Ibiza Restaurant, 209 Main Street, Huntington Beach CA 92648. The applicant is requesting: (1) an extension of the hours of indoor entertainment to 1:30 a.m. and (2) deletion of the prohibition of dancing at the location. Location: 209 Main Street, Huntington Beach CA 92648. Police Department Contact: Preston Linker ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the appeal as outlined below. A copy of the appeal is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for review by the public. 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. ON FILE: Copies of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A public hearing is required by the Huntington Beach Zoning and Subdivision Code Section 248.04. Written communications to the City Council may also be mailed to the City Clerk. Dated: May 30, 2002 CITY OF HUNTINGTON BEACH Connie Brockway, City Clerk 2000 Main Street Huntington Beach, CA 92648 Mcgrath/public notice/Ibiza 6-17-02) CITY OF HUNTINGTON BEACH NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL HUNTINGTON BEACH. You are receiving this Notice of Public Hearing because you either own property, are a resident, or conduct business within close proximity of the item. checked below. The City Council Public Hearing is scheduled for: WHEN: Monday, June 17, 2002 TIME: 7:00 PM WHERE: City Council Chambers, Huntington Beach Civic Center 2000 Main Street, Huntington Beach, CA 92648 ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the appeal as outlined below. A copy of the appeal is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for review by the public. . 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. NOTICE IS HEREBY GIVEN that the following items will be heard by the Council: 1. APPEAL OF ENTERTAINMENT PERMIT FOR IBIZA RESTAURANT: Applicant: Eugene Gallagher Request: To appeal two conditions to the entertainment permit issued April 17, 2002 to Ibiza Restaurant, 209 Main Street, Huntington Beach CA 92648. The applicant is requesting: (1) an extension of the hours of indoor entertainment to 1:30 a.m. and (2) deletion of the prohibition of dancing at the location. Location: 209 Main Street, Huntington Beach CA 92648. Police Department Contact: Preston Linker ON FILE: Copies of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. Mcgrath/public notice/Ibiza 6-17-02) �J CITY OF HUNTINGTON' BEACH NOTICE OF PUBLIC,HEARING BEFORE THE CITY COUNCIL HUNTINGTON BEACH You are receiving this Notice of Public Hearing because you either own property, are a resident, or conduct business within close proximity of the item. checked below. The City Council Public Hearing is scheduled for: WHEN: Monday, June 17, 2002 TIME: 7:00 PM WHERE: City Council Chambers, Huntington Beach Civic Center 2000 Main Street, Huntington Beach, CA 92648 ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the appeal as outlined below. A copy of the appeal is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for review by the public. 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. NOTICE IS HEREBY GIVEN that the following items will be heard by the Council: 1. APPEAL OF ENTERTAINMENT PERMIT FOR IBIZA RESTAURANT: Applicant: Eugene Gallagher Request: To appeal two conditions to the entertainment permit issued April 17, 2002 to Ibiza Restaurant, 209 Main Street, Huntington Beach CA 92648. The applicant is requesting: (1) an extension of the hours of indoor entertainment to 1:30 a.m. and (2) deletion of the prohibition of dancing at the location. Location: 209 Main Street, Huntington Beach CA 92648. Police Department Contact: Preston Linker ON FILE: Copies of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. Mcgrath1public notice/Ibiza 6-17-02) W1096S aasel slagel ssaippy eAU3A%f 12 024-147-31 024-147-08 024-147-29 CITY OF HUNTTJJNNGTON BEACH BEACH HUNTIN ON BEACH HUN TON OR CURRENTRESIDENT OR CURREN SIDENT OR CURM�fRESIDENT 204 5TH S, 206 5TIAS`T HU TINGTON BEACH CA 92648-0190 HUNTI TON BEACH CA 92648-5118 HUf�.TTNGTON BEACH CA 92648-5118 c � 024-147-30 024-147-05 024-147-33 WILLIAM G.&PHILOMENE P.GALLEGOS WILLIAM G.&PHILOMENE P.GALLEGOS CITY OF HUNTTINGTON BEACH OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRLN7RESIDENT 208 5TH ST 210 5TH ST 212 5Tij ST HUNTINGTON BEACH CA 92648-5118 HUNTINGTON BEACH CA 92648-5118 HUN;ffNGTON BEACH CA.92648-5118 024-147-34 ol 024-147-36 024-147-35 REDEVELOPME AGENCY OF CITY OF COAST SPECIALTIES ORANGE TAYLOR FAMILY TRUST HUNTINGTO EACH OR CURRENT RESIDENT OR CURRENT RESIDENT 214 5TH S 222 5TH ST 224 5TH ST HUNT I TON BEACH CA 92648-5118 HUNTINGTON BEACH CA 92648-5179 HUNTINGTON BEACH CA 92648-5175 024-147-03 024-147-40 024-147-39 DONALD .GALITIEN THOMAS A.CAVERLY 221 N MAIN STREET BEACH PROPS OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 218 5TH ST 200 MAIN ST 201 221 MAIN ST HUNTINGTON BEACH CA 92648-5118 HUNTINGTON BEACH CA 92648-8105 HUNTINGTON BEACH CA 92648-8111 024-147-37 024-147-38 024-147-25 GARY HATCH JOHN C.&JR&EUGENE T.GALLAGHER RICHARD A.HARLOW OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 207 MAIN ST 209 MAIN ST 211 MAIN ST A HUNTINGTON BEACH CA 92648-5121 HUNTINGTON BEACH CA 92648-5127 HUNTINGTON BEACH CA 92648-8136 024-147A4 024-147-28 024-147-23 DOUGLAS M.S.LANGEVIN KOURY ROBERT J TRUST TIMOTHY PATRICK&MICHELE MARIE OR CURRENT RESIDENT OR CURRENTRESIDENT TURNER 217 MAIN ST 200 MAIN ST 205 213 MAIN ST HUNTINGTON BEACH CA 92648-5127 HUNTINGTON BEACH CA 92648-8135 HUNTINGTON BEACH CA 92648-5127 024-147-15 024-147-01 024-147-09 CDB LAND FARMING LLC BEACH HUI�INGTON STEVEN E.W OR CURRENT RESIDENT OR CURRENTRESIDENT OR CU TRESIDENT 215 MAIN ST 411 O E AVE 41 ALNUT AVE HUNTINGTON BEACH CA 92648-5127 HU NGTON BEACH CA 92648-5166 HUNTINGTON BEACH CA 92648-5158 _� SoglS joj aleldwal ash msli)NS paaJ y;oowS W1096S easel slagel ssaippy (E)AU3AV 024, 43-27 024-143-26 024-143-26 WILLIAM &BERNARDETTE HINTZE CATHE:RINE C.SYHRE OR CU ENTRESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 301 MAIN ST 301 MAJN ST HUNTING N BEACH CA 92648-5170 HUNTINGTON BEACH CA 92648-5170 HUNTINGTON BEACH CA 92648-5170 024-143-26 024-143-26 024-143-26 JAMES V.&J.C.LOTA BRIAN H.NOVACK CDEC i LLC OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 301 MAIN ST 301 MAIN ST 301 MAIN ST HUNTINGTON BEACH CA 92648-5170 HUNTINGTON BEACH CA 92648-5170 HUNTINGTON BEACH CA 92648-5170 024-143-26 024-144-04 024-144-04 PETER A.ANDRIET UNITED STATES OF AMERICA OR CURRENT RESIDENT UNITED STATES OF AMERICA OR CURRENT RESIDENT 301 MAIN ST 6771 WARNER AVE 316 OLIVE AVE HUNTINGTON BEACH CA 92648-5170 HUNTINGTON BEACH CA 92647-9000 HUNTINGTON BEACH CA 92648-5140 0091S joj aleldwal ash WsIaays p88A 4100ws W,0965 aasel slagel ssaippd ®AH3Adw 024-147-31 024-147-08 024-147-29 CITY OF HUNTI /TON BEACH BEACH HUN GTON BEACH 4J/TINGTON PO BOX 19 PO BOX 1 2000�IN ST HUNTIN TON BEACH CA 92648-0190 HU TON BEACH CA 92648-0190 H IVTINGTON BEACH CA 92648-2702 024-147-30 024-147-05 024-147-33 WILLIAM G.&P MENE P.GALLEGOS WILLIAM G.&P MENE P.GALLEGOS CITY OF HUI`NGTON BEACH 210 5TH 208 5TH 2O00 MAKST HU GTON BEACH CA 92648-5118 HUN GTON BEACH CA 92648-5118 Ppl,NGTON BEACH CA 92648-2702 024-147-34 024-147-36 024-147-35 REDEVELOPMEN GENCY OF CITY OF COAST SPECIALTIES ORANGE TAYLOR FAMILY TRUST 2, MAIN ST 633 E CHAPMAN AVE 220 VIA SAN REMO HUNTING T BEACH CA 92648-2702 ORANGE CA 92866-1604 NEWPORT BEACH CA 92663-5512 024-147-03 024-147-40 024-147-39 DONALD GALITZEN THOMAS A.CAVERLY 221 N MAIN STREET BEACH PROPS PO BOX 431 553 TEMPLE HILLS DR 30 FAIRWAY DR HUNTNGTON BEACH CA 92648-0431 LAGUNA BEACH CA 92651-2629 SAN RAFAEL CA 94901-2314 024-147-37 024-147-38 024-147-25 GARY HATCH JOHN C.&JR&EUGENE T.GALLAGHER RICHARD A.HARLOW 181 SWANSON AVE 3255 REVA DR 1742 MAIN ST LAKE HAVASU CITY AZ 86403-0850 CONCORD CA 94519-2127 HUNTINGTON BEACH CA 92648-2723 024-147-14 024-147-28 024-147-23 DOUGLAS M.S.LANGEVIN KOURY ROBERT J TRUST TIMOTHY PATRICK&MICHELE MARIE 4124 LEONARD RD 200 MAIN ST STE 206 18052 FRESHWATER CIR GRANTS PASS OR 97527-9255 HUNTINGTON BEACH CA 92648-8123 HUNTINGTON BEACH CA 92648-1122 024-147-15 024-147-01 024-147-09 CDB LAND FARMING LLC BEACH H NGTON STEVEN E.WISE 215 MAIN ST PO B 190 414 WALNUT AVE HUNTINGTON BEACH CA 92648-5127 H NGTON BEACH CA 92648-0190 HUNTINGTON BEACH CA 92648-5158 @ogls aoj aleldwa;ash Wls18945 paaJ 410OWS W1096S lasel slagej ssaippt( ®AU3Ad V# 024-153-21 024-153-02 024-153-16 t REDEVELOPM/GENCYITY OF REDEVEIO/P NT AGENCY OF CITY OF REDEVELOPMENT"AGENCY OF CITY OF f 2000 MAIN ST 2000 NST 2000 MAI HUNTING TOt�48EACH CA 92648-2702 H J�GTON BEACH CA 92648-2702 HUN ON BEACH CA 92648-2702 024-153-07/ 024-153-18 024-153-17 GARY V.MULLIGAN FRANK ALFONSO GEORGE E.D 221 MAIN ST#6 6630 VICKIVIEW DR 1210 PEC VE HUNTINGTON BEACH CA 92648-8111 WEST HILLS CA 91307-2749 HUN GTON BEACH CA 92648-4533 024-153-05 024-153-04 024-153-01 RONALD A.MASE JAMES A.LANE REDEVEL ENT AGENCY OF CITY OF. 16642.INTREPID LN 637 FRANKFORTAVE 2000 N ST HUNTINGTON BEACH CA 92649-2826 HUNTINGTON BEACH CA 92648-4902 IjWfqllNGTON BEACH CA 92648-2702 p0915 col ale}dwaa asn . WlslaayS p81A 410OWS W1096S jasel slagel ssaippd ®AU3AV 024-153-21 / 024-153-02 024-153-16 REDEVELOPMENT AGENCY CITY OF REDEVELOPMEN GENCY OF CITY OF REDEVELOPMENT AGENCY OF CITY OF HUNTINGTON BEACH HUNTINGTON CH HUNTINGTON E CH f 118 5TH S 122 5TH HUNTINGTON BEACH CA 92648-2763 HUNTIIGTON BEACH CA 92648-5116 HUN GTON BEACH CA 92648-5116 024-153-07 024-153-18 024-153-17 GARY V.MULLIGAN FRANK ALFONSO GEORGE E.DRAPER OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 117 MAIN ST 119 MAIN ST 121 MAIN ST HUNTINGTON BEACH CA 92648-5125 HUNTINGTON BEACH CA 92648-5125 HUNTINGTON BEACH CA 92648-5125 024-153-05 024-153-04 024-153-01 RONALD A.MASE JAMES A.LANE REDEVELOPMENT AGENCY OF CITY OF OR CURRENT RESIDENT OR CURRENT RESIDENT HUNTINGTON BEACH 123 MAIN ST 127 MAIN ST 411 VVALNUTAVE HUNTINGTON BEACH CA 92648-5125 HUNTINGTON BEACH CA 92648-5125 HUNTINGTON BEACH CA 92648-5157 - - J @091S joj aleldwal ash w.Lslaays paaJ 410OWS wwy65 - slagel ssaaPPd ®AU3Ad 024-154-03 024-154-02 024-154-01 MORNING JADE CORPORATION FARRIS CAROL J 2001 TRUST ADEL M.ZEIDAN 11642 PINE ST 4562 EASTBOURNE BAY 301 17TH ST LOS ALAMITOS CA 90720-4159 OXNARD CA 93035-3701 HUNTINGTON BEACH CA 92648-4209 024-154-04 024-154-17 LINDA DIANE BIGGS LLC KYRAY 125 MANHATTAN BEACH BLVD 16210 BERTELLA DR MANHATTAN BEACH CA 90266-5431 ENCINO CA 91436-3302 i I i I 1 009IS joj aleldwal ash W js1aa4S paaJ 410OWS W1096S Jasel slagel ssaippd ®AU3AVw 024-154-03 024-154-02 024-154-01 MORNING JADE CORPORATION FARRIS CAROL J 2001 TRUST ADEL M.ZEIDAN OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 120 MAIN ST 124 MAIN ST 126 MAIN ST HUNTINGTON BEACH CA 92648-5126 HUNTINGTON BEACH CA 92648-5126 HUN71NGTON BEACH CA 92648-8130 024-154-04 024-154-17 LINDA DIANE BIGGS LLC KYRAY OR CURRENT RESIDENT OR CURRENT RESIDENT 116 MAIN ST 300 PACIFIC COAST HWY HUNTINGTON BEACH CA 92648-5126 HUNTINGTON BEACH CA 92648-5109 ' 0091S joi aleldwal ash WlslaayS paaJ 410OWS W1096S jasel s)agel ssaippd ®AH3AVw 024-146-21 024-146-20 024-146-06 GROUP TWO LLC,STANTON GEORGE E.D R JAMES M.BRIGGS 215-5TH ST 1210 P AVE 2855 CARLSBAD BLVD HUNTINGTON BEACH CA 92648 TINGTON BEACH CA 92648-4533 CARLSBAD CA 92008-2902 024-146-09 024-146-10 024-146-14 RONALD H.WOOD RONALD H.WOOD EMAD &VIOLA SAMUEL 19681 QUIET BAY LN 19681 QUIET BAY LN 5732 SERENE DR HUNTINGTON BEACH CA 92648-2613 HUNTINGTON BEACH CA 92648-2613 HUNTINGTON BEACH CA 92649-4836 024-146-15/2L��'7 GEORGE E.DRAPER 1210 PECAN AVE HUNTINGTON BEACH CA 92648-4533 p0915 aol aleldwal ash W,,slaa4S pa9A 4100111s W10965 easel - slagel ssaippv ®AU3AVw 024-146-21 024-146-20 024-146-06 GROUP TWO LLC TON GEORGE E.DRAPER JAMES M.BRIGGS OR CURRENT [DENT OR CURRENT RESIDENT OR CURRENT RESIDENT 215 5TH 213 5TH ST 217 5TH ST H GTON BEACH CA 92648-8101 HUNTINGTON BEACH CA 92648-5117 HUNTINGTON BEACH CA 92648-5117 024-146-09 024-146-10 024-146-14 RONALD H.WOOD RONALD H.WOOD EMAD &VIOLA SAMUEL OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 201 5TH ST 207 5TH ST 209 5TH ST HUNTINGTON BEACH CA 92648-5117 HUNTINGTON BEACH CA 92648-5117 HUNTINGTON BEACH CA 92648-5117 024-146-15 GEORGE E.DRAPER OR CURRENT RESIDENT 211 STH ST HUNTINGTON BEACH CA 92648-5117 ®09is aoj aleldwal ash Wls1a04S p881410OWS W1096S easel slagel ssaippd ®AUBAW Q3 024-147-28 024-147-40 024-153-04 Tenant Tenant Tenant 205 1/z Main Street 201 Main Street 127 Main Street Huntington Beach, CA. 92648 Huntington Beach,CA. 92648 Huntington Beach, CA. 92648 024-153-05 024-153-17 024-153-18 Tenant Tenant Tenant 123 Main Street 121 Main Street 119 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach,CA. 92648 024-153-07 024-154-04 024-154-03 Tenant Tenant Tenant 117 Main Street 116 Main Street 120 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-154-02 024-154-01 Tenant Tenant Tenant 122 Main Street 126 Main Street 202 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 204 Main Street 206 Main Street 208 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 210 Main Street 212 Main Street 214 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach,CA. 92648 Tenant Tenant Tenant 216 Main Street 218 Main Street 220 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 222 Main Street 224 Main Street 226 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach,CA. 92648 Tenant Tenant Tenant 228 Main Street 227 3`d Street 225 3`d Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 223 3`d Street 221 3`d Street 219 3`d Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach,CA. 92648 0091S joi aleldwal ash w.LslaayS PaaA.410owS W10965 jasel slagej ssaippd @AU3AVw 024-146-06 024-146-21 024-146-20 Tenant Tenant Tenant 217 5`h Street 215 5`h Street 213 5`h Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-146-15 024-146-14 024-146-10 Tenant Tenant Tenant 211 5`h Street 209 5`h Street 207 5`h Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-146-09 024-152-05 024-152-14 Tenant Tenant Tenant 201 5`h Street 501 Walnut Avenue 121 50'Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-153-02 024-153-01 024-147-09 Tenant Tenant Tenant 118 5`h Street 411 Walnut Avenue . 414 Walnut Avenue Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-147-08 024-147-29 024-147-30 Tenant Tenant Tenant 204 5`h Street 200 5`h Street 206 5`h-Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-147-05 024-147-33 024-147-34 Tenant Tenant Tenant 208 5`h Street 210 5"' Street 212 5`h Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-147-03 024-147-36 024-147-35 Tenant Tenant Tenant 214 5`h Street 218 5`h Street 222 5`h Street. Huntington Beach, CA. 92648 Huntington Beach,CA. 92648 Huntington Beach,CA. 92648 024-147-01 024-147-39 024-147-31 Tenant Tenant Tenant 224 5`h Street 411 Olive Avenue 221 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-147-14 024-147-15 024-147-23 Tenant Tenant Tenant 217 Main Street 215 Main Street 213 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-147-25 024-147-3 8 024-147-37 Tenant Tenant Tenant 211 Main Street 269 Main Street 207 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 @0915 jol aleldwal ash W jslaays peaA 410ows W1096S aasel slage7 ssaippV ®A2 3AV Od Tenant Tenant Tenant 217 3`° Street 215 3`d Street 213 3`d Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 211 3`d Street 209 3`d Street 207 3`d Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 205 ) Street 203 .) Street 201 3`d Street Huntington Beach,CA. 92648 Huntington Beach, CA. 92648 Huntington Beach,CA. 92648 Tenant Tenant Tenant 118 Main Street 124 Main Street 125 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 203 Main Street 219 Main Street 216 50'Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 . Huntington Beach,CA. 92648 Tenant Tenant Tenant 223 Main Street 225 Main Street 227 5th Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 126 5th Street 124 5th Street 120 5th Street Huntington Beach,CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 123 Sth Street 125 5th Street 127 5th Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 203 5th Street 205 5th Street 219 5th Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Tenant Tenant Tenant 221 5t'' Street 223 5th Street 225 5th Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 0091S joj aleldwal ash wis1a94S Pa;)A.yloows W1096S aasel slagel ssaippy ®AU3AV 024-143-26 024-143-26 024-143-26 Tenant Tenant Tenant 306 5th Street 316 5th Street 326 5`h Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-143-26 024-143-26 024-143-26 Tenant Tenant Tenant 334 5th Street 338 5th Street 362 5th Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach,.CA. 92648 024-143-26 024-143-26 024-143-26 Tenant Tenant Tenant 376 5th Street 384 5th Street 301 Main Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-143-26 024-143-26 024-143-26 Tenant Tenant Tenant 301 Main Street Unit 354 301 Main Street Unit 370 312 5th Street Huntington Beach, CA. 92648 'Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-143-26 024-143-26 024-143-26 Tenant Tenant Tenant 320 5th Street 328 5th Street 336 5th Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-143-26 024-143-26 024-143-26 Tenant Tenant Tenant 344 5`h Street 372 5th Street 380 5th Street Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 024-143-26 024-143-26 024-143-26 Tenant Tenant Tenant 390 5th Street 301 Main Street Unit 314 301 Main Street Unit 368 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 Huntington Beach, CA. 92648 ®09IS aoj aleldwal ash WisWa4S paaJ 410OLUS CITY OF HUNTINGTON BEACH ' INTERDEPARTMENTAL COMMUNICATION HUNTWGTON BEACH TO: Gail Hutton, City Attorney FRO C1019 Connie Brockway, City Clerk�� DATE: May 16, 2002 SUBJECT: Ibiza Restaurant Entertainment Permit Appeal COPY: Ray Silver, City Administrator William Workman, Assistant City Administrator Eric Krause, Vice Detective, Police Department Eugene Gallagher has filed an appeal with regards to the Entertainment Permit issued by the Police Department for Ibiza Restaurant. Enclosed please find the original written appeal filed with the City Clerk's Office on May 3, 2002, which was received within the five (5) day appeal deadline. We are unable to locate any Entertainment Permit appeal fee in the City fee Resolutions. Mr. Gallagher would like a public hearing with the City Council because he would like to be allowed to have longer hours and dancing at Ibiza Restaurant. Please advise when this hearing will be set. Also please advise with regards to noticing. Do we need to mail and publish? For your convenience I have enclosed code Sections pertaining to appeals: Huntington Beach Zoning and Subdivision.Ordinance, Chapter 248 Huntington Beach Municipal Code, Chapter 5.44 Detective Krause will supply the background information with regards to the Ibiza Restaurant Entertainment Permit. CITY OFHUNT,INGTONBEACH 2000 MAIN STREET CALIFORNIA 92648 P.O. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 RONALD E. LOWENBERG Chief of Police ENTERTAINMENT PERMIT THIS PERMIT ALLOWS ONLY THE ACTIVITY SHOWN BELOW BY THE PERSON OR PERSONS TO WHOM THE PERMIT IS ISSUED. THIS PERMIT IS NOT TRANSFERABLE. ISSUED TO: IBIZA RESTAURANT 209 Main St. Huntington Beach, CA 92648 EFFECTIVE DATE: April 1,2002 to April 1,2003 CONDITIONS: 1. Hours of Entertainment: Indoors: 11:00 AM to Midnight Daily W hij f: 0 d/n Rooftop: 11:00 AM to 8:00 PM Daily 2. Types of Entertainment: Entertainment, amplified, and non-amplified, not otherwise prohibited or regulated by City Ordinance or City Permit Process, or any conditions set forth by the A.B.C., is approved. 3. Rooftop Entertainment shall be limited to 2 performers, non-amplified acoustical instruments. Bass guitar and percussion instruments prohibited. Rooftop entertainment will not be audible beyond 20 feet. 4. Roof Top Dining will be limited to 9:00 AM to Midnight Daily. 5. Food Service shall be required with all alcohol sales on the Roof Deck. 6. Dancing is not allowed. W04S O A.nU 7. There shall be no requirement for patrons to p0rchase a minimum number of alcoholic drinks. Alcoholic drinks shall not be included in the price of admission. 8. Entertainment will not be audible beyond 50 feet of the building in any direction. (HBMC 5.44.050(a)). 9. All exterior doors and windows shall be closed during times of entertainment. All amplified entertainment must remain inside the establishment at all times. 10. Security Guards: At least(1)when entertainment is present.The guards must be clearly identifiable as security guards. When occupancy exceeds 100, one additional guard per 100 persons must be present. 11. This permit is valid only when used in conjunction with a valid Conditional Use Permit allowing entertainment at the premises. 12. This permit must be posted in a conspicuous place on the premises described above. 13. Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any violations of your A.B.C. License or Conditional Use Permit, can result in the suspension or revocation of your Entertainment Permit. 14. Per section 5.28.030 HBMC, No person conducting, maintaining or carrying on a business, or having charge or control thereof, which permits entertainment to be allowed on its premises, shall permit to be admitted on such business premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. 15. Must obey all state, local, and municipal laws, including, but not limited to,the"No Smoking" statue under Labor Code 6404.5. Y.ou have the nghtto ap,eaI the conditions on this Mermrt,to the C� ieounctlin the manner rgvided b. SetUon 24$(}2:4 of t>;e Huritiii`ontBeach ZorEin -. }. 3 :� i p_::�.`= t..e :� --`� =:p-. i �.sy ',°xe, , , a -.� T g aril Subdivrsion Ordinance;except thaz the�vritten;appeal.must beef ted wrth the CityaGterk w�thtu five(5 days:of servace of thisywnttenmotree ;°_W x=.;w�. � - +c f ISSUE DATE: April 17,2002 4RALD E.LOWENBERG DRUG USE Chief of Police Is ;,"j& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P. 0. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 RONALD E. LOWENBERG Chief of Police Dear Licensee: You,the licensee,are responsible for maintaining your establishment to ensure that police related calls for service do not exceed more than 15 in a 12-month period(Huntington Beach Municipal Code 5.44.050). Exceeding 15 police related calls for service within a 12-month period,may result in a suspension, revocation,or denial of your Entertainment Permit. The Huntington Beach Police Department's Vice Unit will use a call-by-call guideline for police related calls for service against those establishments with an Entertainment Permit. These calls for service will be accumulated throughout the year of your Entertainment Permit. The year will begin and end with the issuance month of your Entertainment Permit. Noise complaints in violation of 50 feet, intoxicated subjects,minors consuming alcohol,excessive disturbance calls,and violations of Entertainment Permit Conditions,are types of calls for service that may be counted against your establishment. An excessive amount of calls for service may affect your ability to provide entertainment for your patrons and your ability to serve alcohol. You will receive quarterly reports on the total number of calls for service at your establishment. Each quarter's report will indicate the accumulation of calls for service at your establishment,and serve as a notice of the total number of calls received and handled at your establishment by the Huntington Beach Police Department. This quarterly reporting process will provide you,the licensee,with the type of calls for service handled at your establishment. The Huntington Beach Police Department encourages you,as the licensee,to make every attempt to handle problems that occur directly,or indirectly,at your establishment. If a problem does occur that you,or your employees,cannot handle without police involvement,or a crime in progress is occurring,then you are encouraged to contact the Huntington Beach Police Department. Each call for service will be evaluated on a case-by-case basis. Calls in good faith to prevent injury,theft,or damage are encouraged. If you have any questions,please feel free to contact Detective Krause at(714)536-5994. Sincerely, RONALD E. 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L 3 `L ,e. t r'B.t '#�3� ��'r' t+, � � x [ d 1'AG 'Si rr+1' W✓ eY�?t`..�f '}-Y •T[ �y a hl � } w ,�[,. r r,. �':r e5�It t r t�n iF rs '[' `{�,t<5:�3' r 4{t�.`•` � ��a"�i:�Y�a1,'�j.��' ����"�t�"� �t�F��Ht' ,�tL1� f'�+�F " •t�t ��i ftu- r `p t zq(yyx....ffi �[.t�,�j,.Y�,�Ctl`�'fy .A s- 'R3 �`,ta} l✓.r,T(1�*fi a -t ±n,,jtf`']"��P -F>wfrc, .c 5y 7, ''•.e .f.tnt' v+AlrN.�.�Jr^ ,,"�tl .' F v'F.y7i' l,�tuai u6t' N Il T L.riZOT ri,# 2�' (_ ,py ..t, r"` cn.,j„ T• hi+ tp.., r ry r_ ii" �vzy;r.�t, v - t'�} -�' j p,"o- !.?s�,'r�' y, ii t` 'p ��� j y�' -� ,-�'�t�'' �„ 4r_�� -.� �a�k�•�+V'€'w'a._ � ���,g^- �} i��,.,�sar3+ _� � �����5���.yi���iy[?.�. - >� .�'"."*.'avtsa., _, :�, .c�+,=:�af'�,�,..:��-,._..`�,� � t�•.,�.`-�'ir x,*a,r..A�E - Q I UrJTlii_ I C'iJ :1=l,Cii. CA it - cff.e"'I oyw U Gor1-4 t►LS - `' fV b G:e rV rS�)L c l� GN ,C ke - a - - 1 • �I-� ►-ear��--.-=--- vr,,---�,�,,�,-, --- _ _��-�->✓��_�'-- - _ . .. N yu ' L (v our" i �-ei1 V'10-4A<4C-j ve re cam.. L- oc,ulIU - - Gd'��c�• �ev�c�e� W� C;�h�c� -cam . .G� . . c�. �ad-e►- �e . era Y 6 ate- OP e� yt 2rvo �, A 1.agv-e- ac) a Aazt ; J ovx- ��v U 40 ns AAA. : ru r�o 's._ r-}�-►�; Gam, ..�r�, 1� u�►-i c eo _ a CA C� 4-C) )o 4,tic& ' Lore 6vt a.,-J U C �"�-►� -mow, -to r�✓ nl� d ci rT Or tcvk Ko- V\�,o ccjjl i�, ~VCR �=► �9 CG S cam' Md �,CV ze, i1off, Ov-k r DCVO , )M Cl3 RECEIVED MAY 0 6 2002 CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: Howard Zelefsky Dire=Brockway ent FROM: Con SUBJECT: Appeal Filed by Mr. Gallagher— Ibiza Restaurant DATE: May 6, 2002 1 believe the instructions on the Police Department letter to Mr. Gallagher may be incorrect. Please review S.248.16, 248.18 and 248.20 as I believe the above referenced appeal must be filed with the Planning Department. Mr. Gallagher was informed by the City Clerk's Office that his fee could be paid upon determination of which department will handle his appeal. Please inform me of your decision or the City Attorney's decision if it is not clear. G _- C7 / 11> 60 S2 -77h -V113 ✓4K 1-0 -� Ile- Lx- Zo�c/11ti� LZ- - yam he(p G:\CBMEMOS\GallagerlbizaMemo.doc � _I s;eart .::. a...........:...:.......... ::: . . ......::::.: :::.::::::::::::. Sections: 248.02 Director's Duty to Give Notice 248.04 Notice Requirements 248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden of Proof 248.08 Requirement that Findings be Made Upon Grant of Application 248.10 Time and Manner of Decision 248.12 Time Limit on Reapplication for Same Matter 248.14 Denial Without Prejudice 248.16 Finality of Decision and Time for Appeal 248.18 Designation of Hearing Body on Appeal 248.20 Appeal of Decision 248.22 Appeal of a Failure to Act 248.24 Appeal of Decision Not Otherwise Provided For 248.26 Fee for Appeal 248.28 Appeal by City Council Members or Planning Commissioner 248.30 Effective Date of Decision 248.02 Director's Duty to Give Notice Within sixty(60) days after final environmental evaluation the Director shall give the notice of public hearing required by law. The form of the notice shall contain: A. . The date, time and place of the hearing; B. A general explanation of the matter to be considered, including a general description of the area affected; C. Other information which is required by statute or specific provision of this code or which the Director considers necessary or desirable. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-1 5/97 248.04 Notice Requirements Type of Action Notice Requirement* Reference to Notice Requirement A. General Plan Adoption or Amendment 65090, 65091 65353 B. Zoning Ordinance Planning Commission (Gen.) 65090 65853--65857 Planning Commission (Uses) 65090, 65091 65853--65957 City Council 65090 65853--65857 C. Variance, conditional use permit, 65091 65905 development agreement, special sign permit, revocation, modification or appeal D. Subdivision 65090, 65091 66451.3(a) E. Home occupation revocation 65091 65905 *References are to the Government Code These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner. A reviewing body designated to hear a matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law. Public notice requirements for coastal development permits shall be as described in Section 245.20 or 245.22. (3334) 248.06 Rules Governing Conduct of Hearing: Opportunity to be Heard and Burden of Proof Public hearings shall comply with minimum procedural standards prescribed by Government Code section 65804. Each person interested in a matter that is the subject of a public hearing shall be given an opportunity to be heard. In each case, the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal. 248.08 Requirement that Findings be Made Upon Grant of Application A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this ordinance code to be given, the body shall make findings to support its decision. Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-2 5/97 B. Subsection A applies only to a determination made in the reviewing body's adjudicatory capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a zoning or subdivision provision. The existence or non-existence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. 248.10 Time and Manner of Decision A. Form. After hearing the evidence and considering the application, the reviewing body, i.e., Zoning Administrator, Planning Commission, or City Council, shall make its decision. The decision shall be in the form of a written statement, minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision. , B. Time. The reviewing body shall formulate its written findings within 5 calendar days after the decision. C. Notice of Decision. The Director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings within 5 working days of the decision, excluding weekends and holidays. The Director shall also have notice of the decision posted and distributed to the Planning Commission and City Council within 48 hours of such decision. D. Acceptance is Applicant's Agreement. The applicant's acceptance of the decision is an agreement to comply with the decision and its terms and conditions. 248.12 Time Limit on Reapplication for Same Matter If an application is denied and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final except as provided in section 248.14 for denial "without prejudice." 248.14 Denial Without Prejudice If the application is denied "without prejudice," the applicant may reapply for substantially the same request without complying with the time limit prescribed in section 248.12. 248.16 Finality of Decision and Time for Appeal A decision on a discretionary approval is not final until the time for appeal expires. The time for appeal from a decision by the Zoning Administrator, the Environmental Assessment Committee, Subdivision Committee, Design Review Board, or the Planning Commission shall be filed within ten calendar days after the date of the decision. Appeals may not be processed on actions which must be heard by and receive final action by the City Council, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission as described in Section 245.32. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-3 5/97 248.18 Designation of Hearing Body on Appeal The Planning Commission shall hear an appeal from the decision of the Director, Zoning Administrator, Design Review Board, Environmental Assessment Committee, and Subdivision Committee. The City Council shall hear an appeal from the decision of the Planning Commission. The decision of the City Council is final, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission. (3334) 248.20 Appeal of Decision A. Notice of Appeal. A person desiring to appeal a decision shall file a written notice of appeal with the Director within the time required by section 248.16 except an appeal to the Planning Commission's decision shall be filed with the City Clerk. This section shall not apply to any action which must be heard by the City Council whether or not an appeal from the Planning Commission is filed. B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The Director may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal. C. Action on Appeal. The Director or City Clerk shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 248.02 and 248.04. D. De Novo Hearing. The reviewing body shall hear the appeal as a new matter. The original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken. E. Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or may modify the order, requirement, decision, or determination that is being appealed. 248.22 Appeal of Failure to Act An applicant may appeal the failure of the Zoning Administrator, Design Review Board, Environmental Assessment Committee, Subdivision Committee or Planning Commission to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The appeal body shall consider all of the circumstances surrounding the application in determining what is a reasonable time. Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-4 5/97 248.24 Appeal of Decision Not Otherwise Provided For A. Any person may appeal a decision, requirement or determination made by the Director in the administration of the zoning and subdivision ordinances not otherwise provided for in the individual titles of this code. The Planning Commission shall hear the appeal in the first instance. The appeal shall be in writing, filed with the Director and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within ten calendar days of the date of the action appealed. B. The notice of appeal shall be in the form provided by Section 248.20 A and B. The Director shall schedule the appeal for consideration by the Planning Commission within 30 calendar days and shall give the appellant ten calendar days notice of the time and place of the hearing. The decision of the Planning Commission may be appealed to the City Council. 248.26 Fee for Appeal The notice of appeal shall be accompanied by the fee fixed by resolution of the City Council. 248.28 Appeal by City.Council Member or Planning Commissioner A. A City Council member or a Planning Commissioner may appeal a decision of the Director, Design Review Board, Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning Administrator. The appeal shall be processed in the same manner as an appeal by any other person but need not be accompanied by the fee prescribed for an appeal. B. The City Council member or Planning Commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. 248.30 Effective Date of Decision A decision on a discretionary approval becomes effective at the end of the appeal period. The decision of the City Council is final on the date of its decision, except that decisions on coastal development permits for development located in the appealable area of the coastal zone, the effective date is the day after the Coastal Commission appeal period expires and no appeals were filed or the date upon which final action on the appeal occurs. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-5 5/97 L-A M, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Howard Zelefsky Director, Planning Department FROM: Connie Brockway City Clerk SUBJECT: Appeal Filed by Mr. Gallagher— Ibiza Restaurant DATE: May 6, 2002 I believe the instructions on the Police Department letter to Mr. Gallagher may be incorrect. Please review S.248.16, 248.18 and 248.20 as I believe the above referenced appeal must be filed with the Planning Department. Mr. Gallagher was informed by the City Clerk's Office that his fee could be paid upon. determination of which department will handle his appeal. Please inform me of your decision or the City Attorney's decision if it is not clear. Q Srq rt_� � fir �o�l r Vas a°I �o ?&j fit . GACBMEMOS\Gal lagerlbiza Memo.doc 9/17/01 Note to File: Re: Detective Krause, PD Received Entertainment Permit Appeal from Moulin Rouge Refer to Codes for processing City of HuntingtonBeach U n o f f i c i a l C o p y Records _ „ ��,- � R , s • Please contact the�C�ty Clerk's office for officielcopies Ref Category Entered Status Document Expires Box ID Label ZI 420.40 09/12/1994 Inactive 349 2086 Public Hearing-Appeal PC revision CUP 90-50-expand live entertainment/add dance area/extend hrs to 2 am'Zisakis-Niccole's Restaurant-apprvd appeal w/conditions-10-7-91-9-21-94 Main & Sixth Streets �" '-••^•-, (4r a °�"`"'"`4"��T'""^k^ "RC'r"T { ";1 4' ' - "�. ,,,"'"" .�k"""'"� T".;7"z'"_-^r^-.-'fi' .:`:_' r r _ ,V',7 '-.... "_''-_.'�1-^*T. M .- — —� TotalT Records Selected: % ;r, ,$ ,�'..,i, '. M 'edt ,: x .'r •• o May. 8, 2002 9:24:10 AM Page 1 of 1 ......... ..... ....... .. I i Records Management �-City of Huntington Beach 0 OfficeSummaty AID � -:Ref Catgry. Entered`' Status 'Document Expires " Box Checked O public Rearm CUP 91�30/CE91 44� Appeal PCrevocation overruled PC suspend— rev0 cation/review6rno/live entertamment/dancmg Sakura Restaurant Adams/Beach-BI 1g/92 x" Copyright (P 2002 City of Huntington Beach, U -1 ,__._ Research Request Form Office of the City Clerk Today's Date Date research needed Received by: Telephone or extension I Research requested.by: ( ) Department ( ) Citizen Do copies need to be certified? Yes ( ) .No Describe research requested, in detail please: hw fu.d, &kjl - i Research Notes: Forms/research.doc City of Huntington Beach P.O. Box 190 - 2000 Main Street Huntington Beach, California 92648 HUNTINGTON BEACH wwWci.huntington-beach.ca.us From the desk of: Rebecca Ross Deputy City Clerk Telephone: (714) 536-5210 Fax: (714) 374-1557 Swan , I�U�, �Gt, �„�,� � �0 C,4�"�- ��- QiU1�.�f'�'OU rt�v►,er��' l h:� '• � � �J'�,V'� IDYL �,�� V'111a� hk. a�r� o w , 100 , H HUNTIN TON LlEAC , CA _� , o 10 .. K,t c�u�ay u= NNIA)G� oR Cl'� cLelzk, cQ. n , _ - >'`�:� �,-, � �►7.� _� �s-I'r2_d _Cock��-�t►�S ►�Ettsocvs -oR � ca Xri e .kose, our (ram wA, , +0 . e& . cost 4o-ri W '� lo� eels n 0,0l jV ono - e✓3ke -o� vwox " 0-10 61w- o , trio ate, c _ a LA) . ClIr cj� J - . +o eL-e cl f*OYJ Wei" OP per e I i•I i 419 morww dn( Gam, ..�r-eo4�, h Ulm4-o . -t�mo. ..710105t ' ure Inavt O-A) 1 canes, Le- IsAj -P�'s 2eG- 2 . • • ,�S _ � _. ours, -�-rt-1e�- -�'� c��c,� -tUu.�e., HE c� 1A cam- w rP,vw k T- t � . . 4-0CaV si M y CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: Howard Zelefsky Director, Planning Department FROM: Connie Brockway City Clerk SUBJECT: Appeal Filed by Mr. Gallagher— Ibiza Restaurant DATE: May 6, 2002 I believe the instructions on the Police Department letter to Mr. Gallagher may be incorrect. Please review S.248.16, 248.18 and 248.20 as I believe the above referenced appeal must be filed with the Planning Department. Mr. Gallagher was informed by the City Clerk's Office that his fee could be paid upon determination of which department will handle his appeal. Please inform me of your decision or the City Attorney's decision if it is not clear. G:\CBMEMOS\GallagerlbizaMemo.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P.O. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 RONALD E. LOWENBERG Chief of Police ENTERTAINMENT PERMIT THIS PERMIT ALLOWS ONLY THE ACTIVITY SHOWN BELOW BY THE PERSON OR PERSONS TO WHOM THE PERMIT IS ISSUED. THIS PERMIT IS NOT TRANSFERABLE. ISSUED TO: IBIZA RESTAURANT 209 Main St. Huntington Beach,CA 92648 EFFECTIVE DATE: April 1,2002 to April 1,2003 CONDITIONS: 1. Hours of Entertainment: Indoors: 11:00 AM to Midnight Daily Wit hh j 3d Qin Rooftop: 11:00 AM to 8:00 PM Daily 2. Types of Entertainment: Entertainment, amplified, and non-amplified, not otherwise prohibited or regulated by City Ordinance or.City Permit Process,or any conditions set forth by the A.B.C., is approved. J. Rooftop Entertainment shall be limited to 2 performers, non-amplified acoustical instruments. Bass guitar and percussion instruments prohibited. Rooftop entertainment will not be audible beyond 20 feet. 4. Roof Top Dining will be limited to 9:00 AM to Midnight Daily. 5. Food Service shall be required with all alcohol sales on the Roof Deck: 6. Dancing is not allowed. WA,,,„,S 4 IlU 7. There shall be no requirement for patrons to pr7rchase a minimum number of alcoholic drinks. Alcoholic drinks shall not be included in the price of admission. 8. Entertainment will not be audible beyond 50 feet of the building in any direction. (HBMC 5.44.050(a)). 9. All exterior doors and windows shall be closed during times of entertainment. All amplified entertainment must remain inside the establishment at all times. 10, Security Guards: At least(1)when entertainment is present.The guards must be clearly identifiable as security guards. When occupancy exceeds 100,one additional guard per 100 persons must be present. 11. This permit is valid only when used in conjunction with a valid Conditional Use Permit allowing entertainment at the premises. 12. This permit must be posted in a conspicuous place on the premises described above. 13, Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any violations of your A.B.C. License or Conditional Use Permit,can result in the suspension or revocation of your Entertainment Permit. 14. Per section 5.28.030 HBMC, No person conducting, maintaining or carrying on a business, or having charge or control thereof, which permits entertainment to be allowed on its premises, shall permit to be admitted on such business premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. 15. Must obey all state, local, and municipal laws,including, but not limited to;the"No Smoking" statue under Labor Code 6404.5. You have the ngtiito appeal the conditions on this permit to,the Crty lCouncilXin the manner pr�oded by Son 248 02A of theEluintYrigtot� each Zoning and Sab�ivision Ordinance,escegtthat the wntten appeal must be-fitedwith the Crty:Gferk within five(days ofservice of th s wrtttnotice ISSUE DATE: April 17,2002 qRALID E.LOWENBERG DRUG USE Chief of Police is 10B CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P. 0. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 RONALD E. LOWENBERG. Chief of Police Dear Licensee: You,the licensee,are responsible for maintaining your establishment to ensure that police related calls for service do not exceed more than 15 in a 12-month period(Huntington Beach Municipal Code 5.44.050). Exceeding 15 police related calls for service within a 12-month period,may result in a suspension, revocation,or denial of your Entertainment Permit. The Huntington Beach Police Department's Vice Unit will use a call-by-call guideline for police related calls for service against those establishments with an Entertainment Permit. These calls for service will be accumulated throughout the year of your Entertainment Permit. The year will begin and end with the issuance month of your Entertainment Permit. Noise complaints in violation of 50 feet, intoxicated subjects,minors consuming alcohol,excessive disturbance calls,and violations of Entertainment Permit Conditions,are types of calls for service that may be counted against your establishment. An excessive amount of calls for service may affect your ability to provide entertainment for your patrons and your ability to serve alcohol. You will receive quarterly reports on the total number of calls for service at your establishment. Each quarter's report will indicate the accumulation of calls for service at your establishment,and serve as a notice of the total number of calls received and handled at your establishment by the Huntington Beach Police Department. This quarterly reporting process will provide you,the licensee,with the type of calls for service handled at your establishment. The Huntington Beach Police Department encourages you,as the licensee,to make every attempt to handle problems that occur directly,or indirectly,at your establishment. If a problem does occur that you,or your employees,cannot handle without police involvement,or a crime in progress is occurring,then you are encouraged to contact the Huntington Beach Police Department. Each call for service will be evaluated on a case-by-case basis. Calls in good faith to prevent injury,theft,or damage are encouraged. If you have any questions,please feel free to contact Detective Krause at(714)536-5994. 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Sections: 248.02 Director's Duty to Give Notice 248.04 Notice Requirements 248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden of Proof 248.08 Requirement that Findings be Made Upon Grant of Application 248.10 Time and Manner of Decision 248.12 Time Limit on Reapplication for Same Matter 248.14 Denial Without Prejudice 248.16 Finality of Decision and Time for Appeal . 248.18 Designation of Hearing Body on Appeal 248.2D— Appeal of Decision 248.22 Appeal of a Failure to Act 248.24 Appeal of Decision Not Otherwise Provided For 248.26 Fee for Appeal 248.28 Appeal by City Council Members or Planning Commissioner 248.30 Effective Date of Decision 248.02 Director's Duty to Give Notice Within sixty(60) days after final environmental evaluation the Director shall give the notice of public hearing required by law. The form of the notice shall contain: A. The date, time and place of the hearing; B. A general explanation of the matter to be considered, including a general description of the area affected; C. Other information which is required by statute or specific provision of this code or which the Director considers necessary or desirable. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-1 5/97 248.04 Notice Requirements i Type of Action Notice Requirement* Reference to Notice Requirement A. General Plan Adoption or Amendment 65090, 65091 65353 B. Zoning Ordinance Planning Commission(Gen.) 65090 65853--65857 Planning Commission(Uses) 65090, 65091 65853--65957 City Council 65090 65853--65857 C. Variance, conditional use permit, 65091 65905 development agreement, special sign permit, revocation, modification or appeal D. Subdivision 65090, 65091 66451.3(a) E. Home occupation revocation 65091 65905 *References are to the Government Code These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner. A reviewing body designated to hear a matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law. Public notice requirements for coastal development permits shall be as described in Section 245.20 or 245.22. (3M4) 248.06 Rules Governing Conduct of Hearing: Opportunity to be Heard and Burden of Proof Public hearings shall comply with minimum procedural standards prescribed by Government Code section 65804. Each person interested in a matter that is the subject of a public hearing shall be given an opportunity to be heard. In each case, the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal. 248.08 Requirement that Findings be Made Upon Grant of Application A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this ordinance code to be given, the body shall make findings to support its decision. Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-2 5/97 B. Subsection A applies only to a determination made in the reviewing body's adjudicatory capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a zoning or subdivision provision. The existence or non-existence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. 248.10 Time and Manner of Decision A. Form. After hearing the evidence and considering the application, the reviewing body, i.e., Zoning Administrator, Planning Commission, or City Council, shall make its decision. The decision shall be in the form of a written statement, minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision. B. Time. The reviewing body shall formulate its written findings within 5 calendar days after the decision. C. Notice of Decision. The Director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings within 5 working days of the decision, excluding weekends and holidays. The Director shall also have notice of the decision posted and distributed to the Planning Commission and City Council within 48 hours of such decision. D. Acceptance is Mplicant's Agreement. The applicant's acceptance of the decision is an agreement to comply with the decision and its terms and conditions. . 248.12 Time Limit on Reapplication for Same Matter If an application is denied and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final except as provided in section 248.14 for denial "without prejudice." 248.14 Denial Without Prejudice If the application is denied "without prejudice," the applicant may reapply for substantially the same request without complying with the time limit prescribed in section 248.12. 248.16 Finality of Decision and Time for Appeal A decision on a discretionary approval is not final until the time for appeal expires. The time for appeal from a decision by the Zoning Administrator, the Environmental Assessment Committee, Subdivision Committee, Design Review Board, or the Planning Commission shall be filed within ten calendar days after the date of the decision. Appeals may not be processed on actions which must be heard by and receive final action by the City Council, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission as described in Section 245.32. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-3 5/97 248.18 Designation of Hearing Body on Appeal The Planning Commission shall hear an appeal from the decision of the Director, Zoning Administrator, Design Review Board, Environmental Assessment Committee, and Subdivision Committee. The City Council shall hear an appeal from the decision of the Planning Commission. The decision of the City Council is final, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission. (3334) 248.20 Appeal of Decision A. Notice of Appeal. A person desiring to appeal a decision shall file a written notice of appeal with the Director within the time required by section 248.16 except an appeal to the Planning Commission's decision shall be filed with the City Clerk. This section shall not apply to any action which must be heard by the City Council whether or not an appeal from the Planning Commission is filed. B. Form of Notice on Appeal. The notice of appeal_shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The Director may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal. C. Action on Appeal. The Director or City Clerk shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 248.02 and 248.04. D. De Novo Hearing. The reviewing body shall hear the appeal as a new matter. The. original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken. E. Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or may modify the order, requirement, decision, or determination that is being appealed. 248.22 Appeal of Failure to Act An applicant may appeal the failure of the Zoning Administrator, Design Review Board, Environmental Assessment Committee, Subdivision Committee or Planning Commission to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The appeal body shall consider all of the circumstances surrounding the application in determining what is a reasonable time. Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-4 5/97 248.24 Appeal of Decision Not Otherwise Provided For\ A. Any person may appeal a decision, requirement or determination made by the Director in the administration of the zoning and subdivision ordinances nototherwise provided for in the individual titles of this code. The Planning Commission shall hear the appeal in the first instance. The appeal shall be in writing, filed with the Director and shall specifically set.forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within ten calendar days of the date o action appealed. B. The notice of appeal shall be in the form provided by Section 248.20 A and B. The Director shall schedule the appeal for consideration by the Punning Commission within 30 calendar days and shall give the appellant ten calendar days-notice of the time and place of the hearing. The decision of the Planning Commission may be appealed to the City Council. 248.26 Fee for Appeal The notice of appeal shall be accompanied by the fee fixed by resolution of the City Council. 248.28 Appeal by City Council Member or Planning Commissioner A. A City Council member or a Planning Commissioner may appeal a decision of the Director, Design Review Board, Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning Administrator. The appeal shall be processed in the same manner.as an appeal by any other person but.need not be accompanied by the fee prescribed for an appeal. B. The City Council member or Planning Commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. 248.30 Effective Date of Decision A decision on a discretionary approval becomes effective at the end of the appeal period. The decision of the City Council is final on the date of its decision, except that decisions on coastal development permits for development located in the appealable area of the coastal zone, the effective date is the day after the Coastal Commission appeal period expires and no appeals were filed or the date upon which final action on the appeal occurs. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-5 5/97 Huntington Beach Municipal Code 5.44.010-5.44.015(a) Chapter 5.44 AND ENTERTAIN RESTAURANTS--AMUSEMENTMENT PREMISES (1265-12/66,1444-10/68,1454-12/68,3213-11/93,Urg.3247-8/94,Urg.3341-10/96,3449-212000) Sections' 5.44.010 Entertainment permit required 5.44.015 Entertainment restrictions 5.44.018 Beverage License--Minors on Premises 5.44.020 Definitions 5.44.025 Repealed-- Ordinance 3213-11/93 5.44.030 Entertainment permit--Application 5.44:040 Permit--Application fee 5.44.050 Permit--Granting 5.44.060 Permit--Period valid 5.44.065 Permit--Notice to Applicant of Action Taken 5.44.070 Permit--Appeal of decision — 5.44.080 Exclusions 5.44.090 Revocation and/or Suspension of permit 5.44.095 Revocation of Permit--Notice to Applicant of Action Taken 5.44.097 Revocation/Suspension--Appeal of Decision 5.44.100 Revocation of permit--Reapplication 5.44.010 .Entertainment aermit required. (a) No person shall provide or permit any type of entertainment in a coffee shop, restaurant, nightclub, or place where food or other refreshments are served and which is open to the public unless such person shall first obtain a permit to do so from the Chief of Police as hereinafter provided. (1265-12/66,1454-12/68,2541-3/82,3213-11/93) (b) Every establishment in the City of Huntington Beach is subject to the requirements of this chapter, if entertainment or dancing is conducted or proposed to be conducted in such establishment. (3213-11/93) (c) No entertainment or dancing will be allowed in any establishment, unless a permit therefor is granted, in compliance with the provisions of this chapter, and unless said establishment is,in complete compliance with every other applicable law which may otherwise apply to the operation of the establishment. (3213-11/93) (d) The Issuance of a Sex Oriented Business Permit pursuant to Chapter 5.70 of this Code is applicable satisfies the entertainment requirement of this Chapter. A separate entertainment permit is not required. (Urg.3341-10/96) 5.44.015 Entertainment restrictions. The permittee shall: (M000) (a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the business in any direction; and (2/2000) 2/2000 5.44.015(b)—5.44.020(3) Huntington Beach Municipal Code i (b) restrict the entertainment provided to that entertainment which is specified in the entertainment permit; and(2/2000) (c) follow all other conditions as set forth in the entertainment permit and in the license as issued by the State of California Alcohol Beverage Control; and(2/2000) (d) ensure that all areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all persons in the business; and(2/2000) (e) post the permit conspicuously in business premises. (3213-11/93,3449-2/2000) 5.44.018 Beverage License--Minors on premises. No person conducting, maintaining or carrying on a business, or having charge or control thereof, which has entertainment on its premises shall permit to be admitted on such business.premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. (3449-2rz=) 5.44.020 Definitions. The following definitions shall be for purposes of this Chapter only, unless specifically adopted by another section of the Huntington Beach Municipal Code for use therein. (1265-12/66,2541-3182.3213-11/93) (a) Establishmentlsl. Except as otherwise provided, and for purposes of this Chapter, an "establishment" means any location within the limits of the City of Huntington Beach to which the public may be invited where alcoholic beverages are served. (3213-11/93) (b) Entertainment. As used in this Chapter, "entertainment" means a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including, but not limited to: (3213-11/93) (1) (a) Any amusement or event such as live music or other performance which is knowingly permitted by any establishment subject to this chapter, including presentations by single or multiple performers, such as hypnotists, pantomimes, comedians, song or dance acts, plays, concerts, any type of contest; sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. (3213-11/93) (b) Live or recorded music where public dancing is permitted. (3213-11/93) (2) Any event controlled, conducted, sponsored, encouraged, or knowingly permitted, by an establishment subject to this chapter, which involves any of the activities described in the foregoing paragraphs which is presented by members of the public,whether or not the participants in said activities are compensated by the establishment. (3213.11/93) (3) Establishments which provide juke boxes, televisions, video games, video programs, or 2rz000 Huntington Beach Municipal Code 5.44.020(3)—5.44.030(b)(2) recorded music and no other entertainment, as•herein defined, are not required to comply with the provisions of this chapter, unless the recorded music is played on equipment which is operated by an agent or contractor of the establishment for a period exceeding ten(10) minutes per hour. The intent of this section is to require a permit of establishments which provide that which is commonly known as a "DJ" and to exempt establishments which provide incidental or ambient music. (3213-11/93) (c) Dancin . 'Dance and Dancing" is defined as movement of the human body, accompanied by music or rhythm, except however, "dance and dancing", as used in this chapter, means dancing by patrons only; any other form of dance is deemed "entertainment", as defined herein. (3213-11/93) (d) Patrons . "Patron(s)" is defined as a member or members of the public who enter any establishment subject to this chapter, except as hereinafter provided. (3213-11/93) "Patron(s)" do not include: (3213-11/93) (1) any agent, owner, employee or contractor of an establishment subject to this chapter. Any person who indirectly or directly receives anything of value in exchange for his or her services rendered on behalf of such establishment shall be considered an "employee" hereunder; (3213-11/93) (2) any agent or representative of any governmental entity of any description whatsoever, including ad hoc boards, task forces, and commissions, provided that such agent or representative enters an establishment, acting in his or her official capacity on behalf of said governmental entity; (3213-11/93) (3) persons who conduct entertainment at the subject establishment. (3213-11/93) 5.44.030 Entertainment permit--Application. (3213-11/93) (a) If a Conditional Use Permit, or any other entitlement, except a certificate of occupancy, is required for the use of any establishment which proposes to provide, or which does provide, entertainment or dancing, the provisions of this chapter shall be satisfied before application is made to the City for any such use permit or entitlement. The body before whom such entitlement application is heard shall not impose any condition inconsistent with the conditions imposed on a permit issued pursuant to this chapter. (3213-11/93) (b) Applicants for entertainment permits shall file a written, signed and acknowledged application f with the Business License Department showing: (3213-11/93) (1) The true, full name and any other names, including aliases, used by the applicant, and the permanent address of applicant; (3213-11/93,3449-2/2000) (2) The days of the week, specific hours and address where the entertainment is proposed; (3213-11/93,3449-2/2000) 212000 I i 5.44.030(b)(3)—5.44.030(17) Huntington Beach Municipal Code - (3) The true, full name or names and any other names, including aliases of the person or persons having the management or supervision of applicant's business; (3449-2/2000) .(4) A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment; (3449-2/2000) (5) Whether or not the person or persons having the management or supervision of applicant's . business have been convicted of a crime, the nature of such offense, and the sentence received therefor; (3449-2/2000) (6) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business as the Chief of Police may deem necessary. (126s-12im,14s4-12/68,s449-2n000) (7) A floor plan and site plan showing the building interior and grounds, including parking spaces; and the dimension of each portion. (3213-11193,94a9-zmw) _ (8) A copy of any other licenses, permits, or entitlements issued to the applicant for this establishment or use by the State of California Alcoholic Beverage Control and any conditions pertaining to that license. (3213-11/93,3449-2/2000) (9) A copy of all Conditional Use Permits for the premises. (urg.32474V94,3449-2/2000) (10)A copy of any other permits, or entitlements issued to the applicant for this establishment or use. (3449-2rAw) (11)A copy of any building or property lease or contract for the address for which the entertainment will take place. (3449-mmm) (12)The name and address of the owner and lessor of the real property upon which the business is to be conducted. (3449-2/2000) (13)Acceptable written proof that the applicant is at least eighteen(18)years of age. (3449- 2/2000) (14)The social security number and state driver license or identification card number for the applicant. (3449-2/2000) (15)The address to which the Entertainment Permit is to be mailed. (3449-2rmw) (16)A statement under oath that the applicant has read and understands the provisions of this chapter. (3449-z2000) (17)A statement under oath that the applicant has personal knowledge of the information contained in the application and that the information contained is true and correct. (3449- 212000) 2/2000 Huntington Beach Municipal Code 5.44.040—5.44.050(8) 5.44.040 Permit--Application fee. A fee of two hundred dollars ($200) shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of the application. This fee amount shall be valid for a period of one year from the date of adoption of this ordinance. Thereafter the fee shall be set by resolution of the City Council. (1265-12/66,3213-11/93) 5.44.050 Permit--Granting. After the making and filing of the application, the Business License Department shall refer the matter to the Chief of Police for investigation and report thereon. The Chief of Police shall approve and issue an entertainment permit if the application and evidence submitted show that: (1265-12166,1444-10/68,3213-11/93,Urg.3247-8194) (1) The granting of previous entertainment and other related permits to the applicant hasnot, in the past, resulted in the operation of a business or businesses which have created loud and/or unreasonable noise levels for that location,as regulated by Huntington Beach Municipal Code Section 8.40, or excessive disturbances to the surrounding environment such that calls for services-to the Police Department have exceeded fifteen(15) in the preceding twelve(12) months, and (Urg.3247-W94) (2) The applicant or business has not been previously convicted of disturbing the peace and/or the creation of and failure to abate a nuisance as defined in the California Civil Code, or Huntington Beach Municipal Code Section 17.10, and (Urg.3247-&94,3449-=000) (3) The entertainment to be provided would not attract crowds considered large for that location, would not overwhelm the available police and safety services, and would not be incompatible with the surrounding environment, and(Urg.3247-8/94,2/2000) (4) The premises within which the entertainment is to be presented shall provide sufficient sound- absorbing insulation such that noise generated within the premises shall not be in violation of Huntington Beach Municipal Code Section 8.40 in relation to adjacent property or public right-of-way or within any other building or other separate unit within the same building, and (Urg.3247-8194) (5) Considering where the entertainment is to be presented and its proximity to other businesses, residences, and the surrounding environs, there exist possible effective means of mitigating the noise emanating from the business to a level of insignificance and in compliance with Huntington Beach Municipal Code Section 8.40, and (Urg.3247-8/94) (6) The place of entertainment is to be located in a zone permitting the proposed use under Chapter 211 of the Huntington Beach Ordinance Code, and (Urg.3247-8/94) (7) All signage conforms to the requirements for that zone, and (Urg.32474Y94) i (8) The granting of an entertainment permit would not violate other sections of the Huntington Beach Municipal Code or other applicable municipal, state, or federal laws, and (Urg.3247-W4, 3449-212000) 2(2000 r_ 5.44.050(9)—5,44.090(a) Huntington Beach Municipal Code S (9) The required fee has been paid. (Urg.32474Y94,3449-2/2000) 44 060 Permit--Period valid. The permit shall be anted for the specific i 5. p granted p c occasion requested, or if the request is for continuous permit,.the permit shall be issued for not longer than one year. (1265-12/66) 5.44.065 Permit--Notice to Applicant of Action Taken. Within twenty(20)working days after the making and filing of the application, unless the applicant signs a written waiver of notice, the Police Department shall mail or personally deliver written notice to the applicant stating the action that was taken on the application, together with a list of any conditions imposed if the application is granted or, if the application is denied, the specific grounds for the denial. The notice shall also advise the applicant of his/her right to appeal the denial of his application or any of the conditions imposed. (3213-11/93,3449-zww) 5.44.070 Permit--Appeal of decision. Any permittee aggrieved by the decision of the Chief of Police to deny or impose any conditions on such a permit may appeal to the City Council iathe manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5)days of service of written notice of the Chief of Police's decision. (1444-1ois8,3213-11/93,3449-212000) 5.44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to require a permit for the following: (a) For the use of a radio or music recording machine, or juke box in any establishment; M (b) For any entertainment provided for members and their guests at a private club where admission is not open to the public; (c) For entertainment conducted in connection with a regularly established recreation park, circus or fairground; (d) For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association. (1265-12j66) 5.44.090 Revocation and/or Suspension of permit. The Chief of Police may, revoke or suspend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the licensee or permittee has:.(126542/66,3213-11/93,3449-MMO) (a) received an administrative citation which has been upheld at an administrative hearing, or been convicted of, or has entered a plea of guilty to any violation of the provisions of this chapter, or of any other law or ordinance of the City or state relating to such business; or (3213-11193, 3449-212000) 2/2000 w 5.44.090(b)—5.44.100 Huntington Beach Municipal Code • (b) permitted entertainment that is detrimental to the public welfare or that permittee, or his employees, are engaged in conduct or behavior which creates unreasonable noise or constitutes a nuisance, including but not limited to complaints registered with any City Department, the State Alcoholic Beverage Control Board or the County Health Department; or(3449-2/2000) (c) The application is discovered to contain incorrect, false, or misleading information; or (d) the business has been in violation of three(3) or more violations of the same provision, or six (6) or more violations of any of the provisions, of this Chapter occur(regardless of whether notice of each individual violation is given to the owner or applicant)within any twelve(12) month period; or(3449-mono) (e) The permit holder has had a entertainment permit or other similar permit or license denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date-of application. (3449-2/2000) — 5.44.095 Suspension Revocation of Permit--Notice to Applicant of Action Taken. Upon determining that grounds for permit revocation or suspension exists, the Chief of Police shall furnish written notice of the revocation to the permit holder. Such notice shall summarize the principal reasons for the revocation. If the notice is mailed, it shall be deposited in the United States Mail, first class postage prepaid, to the address shown on the application. Service shall be deemed complete upon personal service or mailed in the United States:Mail. The notice shall also advise the applicant of his right to appeal the revocation or suspension of the permit.(3449-w000) 5.44.097 Revocation/Suspension--Appeal of Decision. Any permittee aggrieved by the decision of the Chief of Police to revoke or suspend a permit may appeal to the City.Council in the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5) days of service of written notice of the Chief of Police's decision. The notice shall also advise the permittee of his/her right to appeal the revocation or suspension. (3449-2/2000) 5.44.100 Revocation of permit--Reapplication. Whenever a permit or license is revoked under the terms of this chapter, no other application for a permit under this chapter shall be considered for a period of one year from date of such revocation. (ims-t2m) 2l2000 Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 1 Huntington Beach, CA 92648 r:r's r t •-.rw•t1 r•r r:r' t:rr.'•t'r f3 s. ♦ ni.: •/' .,,..;- •7.ri •+" 11. ''�, _.r's^'i,•�p r ttrfr• tr r{�{ /�:•k/ t. r:a • .:. �� '� 1•.L .1. �Lt'.I _� t'.:_ .!�L'.I 1 LV •.i• '4.J: �+�L •\.a.......—. .. o��VNIM6Tpp, 1� 024-146-10 Tenant o, g 2075`h Street A — Z Huntington Beach .CA 92648 LEGAL NOTICE PUPjIC H FUNG 1r C,P, 4 • _: 11 i i'ii fit i ii ili i I1 i i�: i �.r=_.i. .t: 1� rlrrl�r r 111 rr rl 1 :131r1 r it rlr l�sr rtll rl� Lonnie Brockway, City Clerk City of Huntington Beach •� "' "'"(��.1 a Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 `� ,'•. {- y �-. r.. "�'y ` .T.R• T��1i�`'{ —�T V�.`'�I�}—^ 1Y•���.'1T�'��tt jsT.JI�/l�•�� l�t:. Ii..,� � .. . �-3 �NTIN6Tp � H Tenant o 125 Main Street ,Huntington untin ton Beach CA. 92648 P �pUNTV LEGAiLp.N9_^'��';l'° �!•;�_•:ems.:-RIN•^%G . :•'' .:.e."_ Hilllltt l IL IJt!1k il i ill llt} l llllliy ll!r ll!fd' Connie Brockway, City Clerk , City of Huntington Beach ,, a Al Office of the City Clerk a P.O. Box 190 Huntington Beach, CA 92648 ! _ ttt t•t"T tt1 •e- r '' .^•'• �'�'.L ii]T{•1 =1�r�.1 j 1^ s=;'�C•:�5`���'i� �1�;%51;7 ff'_`, 1, (.; ../' o S';, ..:11�.,, .. _ .... IN6Tp', 024-146-10 v S RONALD H.WOOD OR CURRENT RESIDENT 207 5TH ST �Z HUN11LNGTON BEACH CA 92648 5117 It I .,FCppNTY 5 I LEGgL I4ZLC�- PUB,-IC HARING. r� c ..: 3•.�:—rt— !J f.� s�^—="'�t�'t: :3j .;ram 'lr�rrlrlrll111r! lt�Irrlrlll!'ll!!'�l1�1111�!:J��!ll�lrr!!�,fi Connie Brockway, City Clerk City of Huntington Beach k , r o f�� Office of the City Clerk z P.O. Box 190 Huntington Beach, CA 92648 ' . .T.x. i s L S��Y�'•.�� �4�h�t'1�'�� lT'l-��i-t.�r.iry C�Y. •('(yL /�.•`� �� � I . r'{ .L. /111E 1•.LL f �•� ,.�.L! .,1,�I��/t—� '\�`. L f= �/� i'1 i a 1�' a ... ! ��Vp11 NGTpy� O �� �91' ✓ ' 024-147-38 7�Q JOHN C.&JR&EUGENE I GALLAGHER . Cm d 3255 REVA DR CONCORD CA 94519-2127 F�ppNTY LEGAL�NOME PUBkjq V NG 11,l,,,,l,1 Al till till Ill,11,,,,,,111,E Ill,,,I,i„Zi,,,,,i,ii i r Connie Brockway, City Clerk w City of Huntington Beach Office of the City Clerk '} P.O. Box 190 Huntington Beach, CA 92648 iVF1• ,j �a�NSINGTp �j4 -- 024-147-14 Cm LANUIL4 T97Sz72017 1-001 13 06/11/0� RETURN TO SENDER LANGEVINTEMPORARILY AWAY cppNTY C'p` RETURN TO SENDER LEGgL 1�QI[Of- PUBLLC-HkARING 4t8 f 1 90 ti I' I I II 1 it III tll I II I 1 lJ 111 :1'1 Yt� • _ ;..f.s. ly i i 1 liil 1 1 Itl !1 fl 1 Itllll 1 11 111 l it 11lI! i Connie Brockway, City Clerk City of Huntington Beach rn ' ,, Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 1x{ r i i t iT•t:k T T:i:t T•i• T fr-t.ii irr- ; E sr;�,., ilk:t? s -t TZ12- 7� 1� tr'-1Jtr•— t—.�i r•'y„ 4uw.a INGTp�,�� ---_s y v 024-146-14 o - Q EMAD &VIOLA SAMUEL OR CURRENT RESIDENT'-i,I F ♦ - -� 209 5TH ST i ���t tf�+•� �Q CAA.5117 ���fYTY Ca _ LEG L TI�4�1C� - PUBLIC HARING A Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk � V Z P.O. Box 190 "1 ? Huntington Beach, CA 92648 T•r-r};{� �.•f••. +;t .r �;4- fir.r+err t'tr_ f; .s; ....•�. 5+.:.. J:::Z —�tiy+/+•�.t��tf S•.tr4t.tJ i..•—' : J 't.J.� •.i: t.J'� INGTpy Tenant 124 5th Street U Huntington Beach, CA. — 9 9 i R 11 l ��� ���xt�N•� ♦�Q RE i ;Ri'tTn mini:'; T LEGAL Ili LICE Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk a P.O. Box 190 Huntington Beach, CA 92648 - x,{. t -.rr•?tt r r.• ?t- - rrT1 ft �1 S}. :7•:n »•r 13r..{ -.r r.'? tt'•r rr'r?t, r'-.:r .{:.,`/:j. /!q'•:• .. .r...l`.. - t•.�( i•.. ..:L:../�--� ...r�+�L'- rim% '1•- .-. •J:-•b�.��-. �� INGtp�,� Tenant ., y 208 Main Street Huntington Beach, CA. 92648--o -_ `_ - c Z ��NTY LEGAL) O.E.: PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 ,x,� r:r-rytir•tiz w.r�t?tr•r 'rrrl�r".••rrr• r ,� r r'wt t r t t - z SING )24-143-26 t�yB i� =�cn.ro�„fo �. Tenant 301 Main Street Unit 314 CQ qtuitington Beach, CA. 92648 co �� ���L nis.►9 O - . . ���NTY cp LEGAL NOTICE -PUBLIC HEARING_ Connie Brockway, City Clerk ,.-:• City of Huntington Beach _ Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 „�,x r:r•tt ln,.z "ie"r�`•t r'.r �'�'.'t";t.f't'^•'?Tt-.3 S'lr„rry? frr;'.. ;.;�: p r » •-.r�?• s�• r rf r sr— .7..T. f•.�l .:t::�. 1L:.~I =JL 3•.L�� .1L•— t�.V 't✓•— ��. � �.JL "'y`1..I.. I &��hTIN6Tp�,� a0 _ ,iib.,►., �9 Tenant _ = y 220 Main Street Huntington Beach, CA. 92648 . LEGAL.N DU- PUB HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 r Huntington Beach, CA 92648 .x.K t-:r't�tt-'`. �.e-r.t.•.r..- rrt;{t tr '�•.r•'rt t"/- �y .5�3" �` �,':. .7.7. p.r s tr.' �r d1 i' t1 r s�s it i r �Y!.r'i^'f f tt :^ ! ''� •!i_ i:.:!, ✓i•.1i' •..i:../ tJL .'.3.:. ..lL'..t 3 L}..5 ..y.J .•}t iJL� .� �":• 6 , 17 , 62- ING --- — 9y Tenant -- 214 Main Street _. _-Huntington Beach-CA. 92648 �OUNTy ca LEGAL NOTICE- PUBLIC HEARING i }d Connie Brockway, City Clerk City of Huntington Beach ".'<•' t Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 t' •ya; 't-'t?1irti•t ?!1 r•" •N+('it iT^••T r'R lt�. 'Ei i`+ R 1 tf.. i}1f'.ti �i—::•I,j .L t• y'.SJ i—.�i L� i✓y 'J'.� i 7 , 6 2 & INGTp', Tenant `' __ 219 51h Street cmt - — Huntington Beach, CA. 92648 9 � NTY LEGAL NOTICE- PUBLIC HEARING �i'J=E sit L Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 -- y„ .Rr-•t i •fie r ri i t; rr•-•;�r_. rre{- /` ' �r•• .—. ✓..l L:1 i t...y.I 7J1.11'.i� —r•l �. •� .. IMsrpy _ Tenant y 227 5`h Street 9 � Huntington Beach, CA. 92648 NTY �a LEGAL N.QT10E- PUB J -,T LLQ NEARING :_ •:iu Connie Brockway, City Clerk -^ City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 .?..{i•. ,tit;'t't Z�:� �'r '•7t i••.' trr Tf'•t it_•K rT`ir.�t'1'�!i^c.•i':. r ii . ..�1 UV-Xi �i —�.. L L i•.� •Jim r L'J l.t•— r .JL 41..... 6 ,17"02 IN6Tp�,�� Tenant s 223 51h Street Huntington Beach, CA. 92648 NTr ca�� LEGAL NOTICE - PUBLIC HEARING -- r itJi_L°�M? Connie Brockway, City Clerk w•.= City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 .;�,� TT l��r"'�.'t -��i1Y i1 r_. •%'i•t.!tf iT^•��'" r.rj�j' fr , ..7.R. 1'.L Jt•.I .—i't:r i t•.L" L'./t L� J•�/ 3 S —� L6F:_,,.-, ., ... .... —. 2 Z I NGTpy C.2 . , . .Tenant 216 5`h Street �6' '';1+"• 'c Huntington Beach,CA. 92648 ��ppNTY Ca�� LEGAL.NOTICE- PUBLIQ NEARING .:ti„rt_�3,r• �___.A� If,i��„I�i�ll���l�,IL�I��I�I:,�EII„�lil��i��,�ll,fl�:l�f;rl Connie Brockway, City Clerk ,,r �t 0iy'�. City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 x•{ t+frttt\rat -��+'tt i- ;rtC�:?�fr--'ti-rl i�rf'i fJ4 7.2, t t yJi•.i :e_s:`t�.--_ .i'.s.:'::..r:—.:i:.v .— 2- I NGTpy� 024-147-03 Tenant _ = s 214 5''Street Huntington Beach, CA. 92648 o -- LEGALAOTIC.E- PUBLIC.HEARING Connp_.*..:way, City Clerk -amity of Huntington Beach Office of the City Clerk ` '- P.O. Box 190 ,, Huntington Beach, CA 92648 i w+x ••� :y} �.rr•t �r.r rr .t rr:tt•^•••e � i••� ., � ri.•'rr- tln i -.rsft•3j r »•� � it rt Lii INGTpy 024-152-05 �%6L _.wp•. B�9 Tenant —=j y 501 Walnut Avenue Huntington Beach, CA. 92648 �pUNTY �a` LEGAL NOTICE =;P,IJ EARIN Ii Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 - .�,,;� rir--t tits:',• -:fir'• :t r.r 'r:rr• ;'r�.•trr. r �-✓;., �" �ppTING %,w►o."'° Tenant 203 5th Street 9 —== - s :Huntington Beach, CA. 92648 ��UUNTY LEGAL NrOTICE- PUBLIC.ElEA RING Connie Brockway, City Clerk City of Huntington Beach A' .l, f, °' .• Office of the City Clerk P.O. Box 190 Huntington Beach CA 9264 a.8 r •+ra r ._r t- 1 �r• r_ ••rrn r � n..7, ,.,L l��i'=; .r.rt� S ► .r'•r�y � i i i ��S••. ti.�f�;��' .. , 2 6 -/ 7 d Z o��ppTINGTpy� �+ 84 Tenant s 221 5th Street _ - - each CA. 92648 -- Huntington Beach,H o $� 9• N TY,. LEGAL NQJICf- PUBft HEARING _ (f�L��,f,f;(I���fttlittft�f�f�t,�fl,��fif�„11,f�f��'�ff�f�Efl Connie Brockway, City ClerkIV ��•�` o City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 •a.{ t,,;.r-e1 tr�,;iz ^•rr:t t'+�--- t•r;t�t"'_'"T�T1 e•t�:`:�'.y! C,•1y - .7..•r, .•s..i 3..33•.i� _':.'.'s`1 i _ �:�'. ;=— L t—.: INGTpy� r / T 6 Z s Tenant 126.5"Street 9. Huntington Beach, CA. 92648 NTV ca` LEGAL NQUGE - PUB1:1C. HEARING Cinhit4brockway, City Clerk f "'c<�;; •,, City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 fir. ••.ypp r rt•f-I. tr- t{S rt,..,% ••Tt JS•.L 1 - i'.'.��1--t. �.- i i..L SJ�- � 12A � - / 7 •oz INGTpy �� _-ito0044I�C 6 024-153-01 Tenant 411 Walnut Avenue ca Huntington Beach, CA. 92648 9 =. Z Cie• '�it Ntr LEGAL NOTICE - PUBJJG HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk } P.O. Box 190 Huntington Beach CA 92648 l .•.L t Jt'.t JL: r 3L•: .�1:.. _ t_J •,v .7 a, w,,.• 9 6 - r 7-o 2-- IN6Tp 024-153-02 iO 44,•C �A Tenant 118 5"Street -Huntington Beach, CA. 92648 �ouNTv ca LEGAQW, I.QE- PUBJJQ NEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 ,•� r"• :�� ^ -� „r-- rr���-�. r� ;, • , ., _ ` :5..'I. t•.L .:� -•L.�.••r.••J�1� ia'•�.e.��'Ji LL 'r.Jr.� t-iL```•R, r1 y�' ._ .. ...... � - rrr� Z INGTpy .- y Tenant o =�i - 127 5`h Street Huntington.Beach,-CA..92648 It its lyTr LEGAL NDJ10E- PUBUC:HEARING Connie Brockway, City Clerk E'~'77 City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach,CA 92648 '_ �.a r•r-e:tr:� !-•t-r:j t t r•r rr r 1r•-.-err. .t� t t... ` ":f', .7.q, n•.• s..,S 1'?.. �r r.�f�}�� �r�_��.:Cr�'� .its.7 ^.i-./ 'J; t' .. ..... •.L i' �i' — �.. �.: iJL{tier 6 / '/ I b IN6tp,�,� Tenant 226 Main Street 9• Huntington Beach,, A -- -� � � � • 92648. . W O . . . �F�pUNTY cP LEG6L-N_0T_IQ5- PUBLIG HEARING . . i S. y L•:.. Y Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk ' P.O. Box 190 Huntington Beach, CA 92648 ,.'• n'rr`••it�••� -•�rs••.•t't-Y' •ar`=f'•1'�^.•t Yf^t Cll '? rS'r�'1 '� '..i .;t. K'df •;.� — t f � �S�—t3 r`Y.J�t r r t e.\ .... ... � .. / Z ) 6 -/ 7-6 2- IN6Tp�, Tenant 123 5 Street s Huntington Beach, CA. 92648 �pUNTY LEGAL NOTIO,E- PUB.�J� HEARING {}.t_r jay bYi Connie Brockway, City Clerk -- City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 .y.� :•••Y-ry• � _. •s V.r r:rrji Y!•.'tt-Ti 4'� � t. r r.ri_:�r— r t_sF �� �f, : . t•.—.f•J:'.: '.JL:'..f.�—� 3':� i—'1:L—r. — IN6Tpy Tenant 224 Main Street o - g Huntington-Beach, CA. 9264 ��pNNTY ca` LEGAL NQjI.CF - PUBL�C,HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 •.y•:, Y•Y•'t t':�': •-.Yr»:i •r •r:r ;f rr.•.t{r t. .�.�•, .o..•r. r rr-.a �r.i _._r.;f i�•= i* 1 -2-A IN6Tpy ___ Tenant � s 202 Main Street 9 —=- - Huntington Beach, CA. 92648 LEGAI,WJ)QE- PUB1,1� HEARING j j=_t'_i?t s�v%dop� Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk { _.r � is•. ,{ P.O. Box 190 Huntington Beach, CA 92648 . fl.n!' .•.L 2•.f{ �Li�.�/i•--. t•.L.1..1 L•J:f- -::J .1: 'J�h:.�_...•-�.� O�pNIN6Tpy�� -=_:j•` 9y Tenant _ 219 Main Street o i Huntington Beach, CA. 92648 It is °UN TY �a LEGAL NtQ.11Qf - PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk ? '� P.O. Box 190 Huntington Beach, CA 92648 .;I.;I T•T"h;Yr:1 ^•1"'FY'1ti r.T Y'•T y ;r�_•trr, t'� f tS..,?., } 'I•�! �t- �rl�.:� ..'Li':•I}.I�� T�'.�JL�' i LL ".1�'f��,r IJL'. !.i .. �VNTIN6Tp ro y `O�_,.w •�.,, dF9� Tenant s 225 Main Street Huntington Beach, CA.-92648 �OUNTr �a LEGAL.N_OTICE PUB�IQ HEARING Connie Brockway, City Clerk , City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 'k''� rr�r i'� ir>� ••'ti: '•:}}�''r r'r- i}r=;"tit'"T: C'ir ..}.'�-•: .:'}.t ,� � .7..7. 1'.L�v:•.tz ��f'.•t.� �. J�J F Lr..ti :�T:�)y.� ij:�"''`••, 1. IA7- 4 -4 ZD INGTp�, Tenant 2.10 Main Street Huntington Beach, CA. 92648 o — --=- �puNTr ca LEGAL.NOD _ PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk - P.O. Box 190 Huntington Beach, CA 92648 r r:r ��^• ���, .k.N T:'f"T\'i�'•1 ^.Y'Y'•�» r st r�i� r-• r} �,��1.1't y �5.7� 1. !•�� �.•� Z A INGTpy�� Tenant �o_%'`A"ro��'f� 9y 204 Main Street Huntington Beach, CA. 92648 co F�ouNTrcam Q LEGAL EARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 9264$ fY f .77 ri� ln� r.r.;i�r.� r*�r•�:�r.- rrr� S�r',("� f^. ..:.7..T ..._. li•.i: JL:.,:I„i%1� •.L{:�tL'-:S Lt� 5�(_::..�: :.1.3 -;1�;�[� �,,,.•_ .. ._.ie_ . INGTp', Tenant 222 Main Street Huntington"Beach, CA. 92648 It loss- 0 �ppNTY La LEGAL NOTICE- PUBLIC,KEARING Connie Brockway, City Clerk '"' City of Huntington Beach ' Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 ` 3 •�•y R- •-.r t. i.• 7:��"li_ R 1 •JL ..l �J_ t.r.:.JL� L �G.rft7 J�. \ / 7 -oz Q��pMjINGTp�, Tenant y 216.Main Street Huntington Beach, CA. 92648 NTr �a LEGAL.NqIE.- PUBLIC HARING - - - :�::�i'tfit �•:i,aj NOW Connie Brockway, City Clerk City of Huntington Beach vt Office of the City Clerk P.O. Box 190 Huntington Beach CA 92648 , J. 'A'•N r r � A: Tfil,tZtt T•r ri.`i'�*'=•�rY'i f1�.f�i:f i ti••;'`i. 41 �i'. ' i..T. ;'.L S 7•.:? .SLi•.•�i:1� .•.L:�.•JL•.:,�, i�,1..V: ' S.iL''y �. (... T � !�� INGTpy %*tam �•� 8�9 Tenant 206 Main Street o -- Huntington Beach, CA. 92648 pppNTY LEGAL NQTIC�- PUBLIC.HEARING j.= -=_ ?r •='y'.i;� ii�l,,,,i,1,ll,,,i„ii„i„l,i,,,,lf„i,f1„I,i1,,,,fi„i,i„I �, Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 •n.Rr,r^r•tf�r�, �•Y'!'3 tT 1r:Y' t it;-:•er �' !-�-7. :n.• . jsr ti yr ti.. -.r t?• i•i• nr��tr... `ri� `�r.f;tl .-� ":!i.. .. . ., .L -.t'.tt 1Lt.y/1'.1L t'.L.�.. L'� t L 1.�' ...-.� �•' �i �- Pao- IZ � 6 " 17 - b Z INGTpy ' ,.�•b•..•, 6�9� Tenant . y 228 Main Street `' Huntington Beach, CA. 92648 cpuNT Y cp` LEGAL NOTICE- PUBLIC:HEARING .. l; =_t:_fT 0 _4 z Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 �;.Yr•Yt1 :1T �.Tt�i•.Alt r'� rritr=. rT1ln Jt',}"7j"1•��, ..:•:�::. ,�P.». .•.L i A -.-s•..l.:.U L•.-. 3'.L,.� LL �.•:. -,- :ter_ �'°'••.,�:: s':• ... .. I 2- 6 - / 7- oz Q��ppTIN6Tp�,�� Tenant `' _ 223 Main Street -- s Huntington Beach,CA. 92648 �ouNTr ca LEGAL NOUF- PUBLIC. 1:15ARING Connie Brockway, City Clerk --- City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 _ •,,� e-:^"�;.ritit r•.t-ram t�r•r •r:rr;i r. , .7..•f. �s�.ir='? �s�r.s•l.I tJL � l �• 02 �ppSINGTp�, Tenant 212 Main Street 9 Huntington Beach,CA. 92648 e ��iYTV LEGAL NQTICE - PUBLIC NFARING Connie Brockway, City Clerk r .r o City of Huntington Beach <_,r . y�; U.S. Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 'Af'i /• j r:r':r j`:5- r i f� .S'ti•:� -.r,. :1.�: — _�. —�r �.lr •1� �� `� l;/�� li IV!fTf'eiS`.� A 'x:�• F•.E�UF'�� `:;ERUIr�E F;E�J1]E'�SEG i' r I' (z,- /7- 6 �-- INGTpy o`� _,gyp•,,,, B� _ 9�+ Tenant 125 5th Street 9 ,t Huntington Beach, CA. 92648 pppNTY 6a LEGAL NOTICE- PUBLIC HEARING j,�s_�._r.-r 1:�•�►t"c ��t�tutltlt��u���t���tltttt��� Connie Brockway, City Clerk .71 City of Huntington Beach Office of the City Clerk -` P.O. Box 190 Huntington Beach, CA 92648 �. .;�.� f;T—Y tr ;'•Tt•. 1'1 YT iiT• TT r ^ r^:•�•,, .., ,1:. ,, fc'r�-".. r,•�• n► s r 4• —.r irt-� 1 r?�t.4 t.•='��-s] S'1�•i S'A f i'.L t�,t•.i 1Lt'.'/.`'•�� '•rf�... i Lei �wlt-. 1j. I-..... ' 2- /� 0 Z ING P084 Tenant 203 Main Street 9 —`— - Huntington Beach;CA. 92648 TY �a�♦ ;: LEGAL.NQTJCE_PUE�t HEARING Connie Brockway, City Clerk City of Huntington Beach °A Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 1 �1 ry tj �i 1 fy^y ' .•7.�1 t••:y��•�K.`•p •JLI'�•!1 1r 1'L���.�Ir...'J t LLJ r�l•.���/F t•.�• �� �; ',.'�.::1:. .. II IN6Tp�, `o_% 'ro�"'`O Tenant =.� C-a s 218 Main Street — —Y— s unt n- 1 gton Beach, CA. 92648 �puNTY ca LEGAL NOZICF- PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 '- .qn� sT• �.T!'{1'1 .T •r• ♦ ►Y�^.'FT. l + nor:{i-.., r:'s-�}y s✓.♦.x —rr.4 r y r.'i•�� sr rt� ��.r1i �1�, .'•+"T' .� L:'.�7 'Jhi i�'/i�— 3..•1 S Lf.� 't..f:— f .rL .�'y�'�j•;� .. ._. .. .. INGTp�f+ Tenant 9 s 120 5`h Street 2648 C� •+x�..+'� \Eo - - -- Huntington Beach,CA. 9 LEGAL N_OT�QE - PUBUQ HEARING 1:�Y Connie Brockway,City Clerk o� \ City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 r•r-r Yr:1. •-rr•t=z r•r r:r , .r rt-j zE--/r8}/�'� / 7- 0 2-- 1 NGTpy 024-147-29 Tenant 2005 Street Huntington Beach, CA. 92648 co ;LEGAL NQ,JICE - PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach,CA 92648 .�.: r:r••�;tr:�s -.re-•t it r•r r:rya rr fir;-.••r �r �y-3 ;s^:; ' r t tr. .T.+Tr t'.� S.t:'�i --.t•.•i---� ...�..:..,L•- Lt..i •71•J�.-. t-� !l _ .. ' �NSIN6Tp t 7 D Z. 024-152-14 0�� .w•ro•,,,,y��t` Tenant U'121 5 y Street Huntington Beach, CA. 92648 o --` - �pUNTY `a` LEGAL.WICE- PUBLIC.HEARING f. Connie Brockway, City Clerk City of Huntington Beach �`�o iu Office of the City Clerk e P.O. Box 190 Huntington Beach, CA 92648 t••�t—•t•� r•t•• r r, ray r —S ray.?.rat• �f S�.3-'y� —���t���Z�� �.�L's}�r�y���! ��r.f�I r't J• � �. � '".i i. 7�.. ,� E��MTINGTO 024-147-30 Tenant 206 5t"Street Huntington Beach o � , CA. 92648. TY LEGNl. �1�E- PU�1,JG NEARING 0'Jt t:—;�}d •1.:.,�.is. .. Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 .y.� r;�•t:tTr••1, =r�i1^•T• r,;:� 'Et. 13 IJIf r C`'S ..c '•7� s•:_s�.3e•.: _ .l•t,Sf.:_. ......�J�•1:_E.:� 1_—r � .—_ + (e •i' lz � 6 - 17- 6 �pMtIN6rp�, p� ��f0110'�rr, Bey' 024-147-34 ' 9y Tenant 212 51" Street 9` Huntington Beach,CA. 92648 it lot`9 O TY - LEGAL NOME- PUB1-1Q HEARING tit4 CITY OF HUNTINGTON BEACH .� INTERDEPARTMENTAL COMMUNICATION HUNTOiGTON BEACH TO: Gail Hutton, City Attorney v FROM: Connie Brockway, City Clerk r:- DATE: May 16, 2002 SUBJECT: Ibiza Restaurant Entertainment Permit Appeal COPY: Ray Silver, City Administrator William Workman, Assistant City Administrator Eric Krause, Vice Detective, Police Department Eugene Gallagher has filed an appeal with regards to the Entertainment Permit issued by the Police Department for Ibiza Restaurant. Enclosed please find the original written appeal filed with the City Clerk's Office on May 3, 2002, which was received within the five (5) day appeal deadline. We are unable to locate any Entertainment Permit appeal fee in the City fee Resolutions. Mr. Gallagher would like a public hearing with the City Council because he would like to be allowed to have longer hours and dancing at Ibiza Restaurant. Please advise when this hearing will be set. Also please advise with regards to noticing. Do we need to mail and publish? For your convenience I have enclosed code Sections pertaining to appeals: Huntington Beach Zoning and Subdivision Ordinance, Chapter 248 Huntington Beach Municipal Code, Chapter 5.44 Detective Krause will supply the background information with regards to the Ibiza Restaurant Entertainment Permit. Jo3Jo�, �.C• `�� ��110�duo` , Vll�a , ' 00 eta (, Q I i UFdTIPNGTON ti ACH, CA 4 MA �p a , r +I /-� NN�n1G 6R C��-y_CLe�k 0 --moo c4 ie" +U)-b - kz G -+Oyw f I Z e) n rz/I ,�f coc�lc ro _REA, l • 1)-Le, r-e '-c; ;arvo oyl tee, k our l why t&— Q o *yi Fj %J �,r=1.t,0�,o", ou our- _rve 44qo cA Uw a, vo ,) r•o a reo, Ca,.,u4 o.'o Our ���OrJ aL'o _ c cry � - "o e� --;fir---�--� -- A � m d� w l - Jvl, -- ------ ----------- - ---------------- r � ---- - - ----�= ---------- - - --- - -- - - -over-� ►--e.�i�,cJ;��--�u,�- � -- -- - - - - -— - --- S--- - - --— - - —I--oyl-- w4uLt — __ _ _aal�, � f vr N . --- � - ---WA-t� - - lei- - K -- — ---- -�-�. 1•.s�� - cad- -�a � J _ G _ k!411 uId�co Ok- no wo e, OA oy\ DaA6 , y..A I 3 U ; , �, �,r• CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P.O. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 RONALD E. LOWENBERG Chief of Police ENTERTAINMENT PERMIT THIS PERMIT ALLOWS ONLY THE ACTIVITY SHOWN BELOW BY THE PERSON OR PERSONS TO WHOM THE PERMIT IS ISSUED. THIS PERMIT IS NOT TRANSFERABLE. ISSUED TO: IBIZA RESTAURANT 209 Main St. Huntington Beach,CA 92648 EFFECTIVE DATE: April 1,2002 to April 1,2003 CONDITIONS: 1. Hours of Entertainment: Indoors: 11:00 AM to Midnight Daily WahiJ Rooftop: 11:00 AM to 8:00 PM Daily 2. Types of Entertainment: Entertainment, amplified, and non-amplified,not otherwise prohibited or regulated by City Ordinance or City Permit Process,or any conditions set.forth by the A.B.C., is approved. 3. _Rooftop Entertainment shall be limited to 2-performers, non-amplified acoustical instruments. Bass guitar and percussion instruments prohibited. Rooftop entertainment will not be audible beyond 20 feet. 4. Roof Top Dining will be limited to 9:00 AM to Midnight Daily. 5. Food Service shall be required with all alcohol sales on the Roof Deck. 6. Dancing is not allowed. btfIL1 J dQ nU k4- 7. There shall be no requirement for patrons top rchase a minimum number of alcoholic drinks. Alcoholic drinks shall not be included in the price of admission. 8. Entertainment will not be audible beyond 50 feet of the building in any direction. (HBMC 5.44.050(a)). 9. All exterior doors and windows shall be closed during times of entertainment. All amplified entertainment must remain inside the establishment at all times. 10. Security Guards: At least (1)when entertainment is present.The guards must be clearly identifiable as security guards. When occupancy exceeds 100, one additional guard per 100 persons must be present. 11. This permit is valid only when used in conjunction with a valid Conditional Use Permit allowing entertainment at the premises. 12. This permit must be posted in a conspicuous place on the premises described above. .13. Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any violations of your A.B.C. License or Conditional Use Permit, can result in the suspension or revocation of your Entertainment Permit. 14. Per section 5.28.030 HBMC, No person conducting, maintaining or carrying on a business, or having charge or control thereof, which permits entertainment to be allowed on its premises, shall permit to be admitted on such business premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. 15. Must obey all state, local, and municipal laws,including,but not limited to,the"No Smoking" statue under Labor Code 6404.5. You ha�ehe nghtto appeal the conditions on this pernutfo the CityjCouncil�n the mazmer pmvidedib »Section 24$02J tothetgt `Beach Zoning v, arid Subdivision Ordinance,except that the wnttenappeal must be f led with the Crry Glerk_withm five daps of service of this wn notice -•r-w--..KJ.-i'Y.r L\Z:•i- t.:.>w.. r- vF ., wr. »a_, fa,.R .. ISSUE DATE: April 17,2002 4d. '4_'1_ __DR_UG-US-E RALD E.LO EiINBERG Chief of Police is FOB CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P. O. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 RONALD E. LOWENBERG Chief of Police Dear Licensee: You,the licensee,are responsible for maintaining your establishment to ensure that police related calls for service do not exceed more than 15 in a 12-month period(Huntington Beach Municipal Code 5.44.050). Exceeding 15 police related calls for service within a 12-month period,may result in a suspension, revocation,or denial of your Entertainment Permit. The Huntington Beach Police Department's Vice Unit will use a call-by-call guideline for police related calls for service against those establishments with an Entertainment Permit. These calls for service will be accumulated throughout the year of your Entertainment Permit. The year will begin and end with the issuance month of your Entertainment Permit. Noise complaints in violation of 50 feet, intoxicated subjects,minors consuming alcohol,excessive disturbance calls,and violations of Entertainment Permit Conditions,are types of calls for service that may be counted against your establishment. An excessive amount of calls for service may affect your ability to provide entertainment for your patrons and your ability to serve alcohol. You will receive quarterly reports on the total number of calls for service at your establishment. Each quarter's report will indicate the accumulation of calls for service at your establishment,and serve as a notice of the total number of calls received and handled at your establishment by the Huntington Beach Police Department. This quarterly reporting process will provide you,the licensee,with the type of calls for service handled at your establishment. The Huntington Beach Police Department encourages you,as the licensee,to make every attempt to handle problems that occur directly,or indirectly,at your establishment. If a problem does occur that you,or your employees,cannot handle without police involvement,or a crime in progress is occurring,then you are encouraged to contact the Huntington Beach Police Department. Each call for service will be evaluated on a case-by-case basis. Calls in good faith to prevent injury,theft,or damage are encouraged. If you have any questions,please feel free to contact Detective Krause at(714)536-5994. Sincerely, RONALD E.LOWENBERG, Chief of Police C.JUNGINGER Sergeant,Vice Unit DRUG USE gt , ,1 P "ad'�.•�,.,,`,''h,�g ;x �. 4t�•..4 a�1 sl`:t t• y �-+�•°dJ.,:•�y.. '. � ..t ;F?••. '�+•y'� ,�'!3r , �♦'�,a't, .$1�,, vr.r. .Y. ,.[r�,ti5 •;u•i" '+i �Ay.,r s .:y ,r;i �1 1 i ..:r, .: 7+'• b.fi;�,`r :.f a (}.c .{r 7 's-L••'. : f�7r 4 'k s"r F.Yi''` ✓r ,•>.,/}q�,.,:.. 7.t. d^ ' °':do- �y 3 , r' , 'lti..Y";�< +tl` r r�u�Yfr'..+ ^4�,:♦ •.' .�•, .��'�.R.tY^�'.•.°�r�• .r,-'i.:�1' fr`'.�:,�:t.�.� •�stiN„5, 'M� F �`l'11 �i+' +1 '� + "r „G�. ( < F itr. �'. r"+ ` '<:aYY' ay .r•r ,,.y,y`'11?te`,,.�1iY•F?�. f.,.r,:. F. ..J,r+..'p�s�r' (...�'w�' ik �, t.?; `c1A;� ��� "¢ .e;,' ry a'Z+i ^;+r'' :l,- H Y"_+',sr•.• tx ,r ,Y'i� ..yid, :, ;r,. ,ur..,i:,i�,.y.'•411•• '� ,�, •,�z.".+4+6f ��`t?o Z f �{ � R?'..t:.,t t T.i,,;{x'++!�'• J ,,.Tt 7 ��.:; !,. +,.,�+• y y .,��. :'�4-'r` 'S+, ;, •r.a ,+n:vw•.,, r •'AS�rrr Y{•:� .'s:, -.,r u.�E. 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Appeal by City Council Members or Planning Commissioner 248.30 Effective Date of Decision 248.02 Directors Duty to Give Notice Within sixty (60) days after final environmental evaluation the Director shall give the notice of public hearing required by law. The form of the notice shall contain: A. The date, time and place of the hearing; B. A general explanation of the matter to be considered, including a general description of the area affected; C. Other information which is required by statute or specific provision of this code or which the Director considers necessary or desirable. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-1 5/97 248.04 Notice Requirements Type of Action Notice Requirement* Reference to Notice Requirement A. General Plan Adoption or Amendment 65090, 65091 65353 B. Zoning Ordinance Planning Commission (Gen.) 65090 65853--65857 Planning Commission (Uses) 65090, 65091 65853--65957 City Council 65090 65853--65857 1 C. Variance, conditional use permit, 65091 65905 development agreement, special sign permit, revocation, modification or appeal D. Subdivision 65090, 65091 66451.3(a) E. Home occupation revocation 65091 65905 *References are to the Government Code These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner. A reviewing body designated to hear a matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law. Public notice requirements for coastal development permits shall be as described in Section 245.20 or 245.22. (3334) 248.06 Rules Governing Conduct of Hearing: Opportunity to be Heard and Burden of Proof Public hearings shall comply with minimum procedural standards prescribed by Government Code section 65804. Each person interested in a matter that is the subject of a public hearing shall be given an opportunity to be heard. In each case, the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal. 248.08 Requirement that Findings be Made Upon Grant of Application A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this ordinance code to be given, the body shall make findings to support its decision. Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-2 5/97 B. Subsection A applies only to a determination made in the reviewing body's adjudicatory capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a zoning or subdivision provision. The existence or non-existence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. 248.10 Time and Manner of Decision A. Form. After hearing the evidence and considering the application, the reviewing body, i.e:, Zoning Administrator, Planning Commission, or City Council, shall make its decision. The decision shall be in the form of a written statement, minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision. B. Time. The reviewing body shall formulate its written findings within 5 calendar days after the decision. C. Notice of Decision. The Director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings within 5 working days of the decision, excluding weekends and holidays. The Director shall also have notice of the decision posted and distributed to the Planning Commission and City Council within 48 hours of such decision. D. Acceptance is Applicant's Agreement. The applicant's acceptance of the decision is an agreement to comply with the decision and its terms and conditions. 248.12 Time Limit on Reapplication for Same Matter If an application is denied and the decision is final, no person may file anew application for substantially the same request for a period of one year from the date the action of the city is final except as provided in section 248.14 for denial "without prejudice." 248.14 Denial Without Prejudice If the application is denied "without prejudice," the applicant may reapply for substantially the same request without complying with the time limit prescribed in section 248.12. 248.16 - Finality of Decision and Time for Appeal A.decision on a discretionary approval is not final until the time for appeal expires. The time for appeal from a decision by the Zoning Administrator, the Environmental Assessment Committee, Subdivision Committee, Design Review Board, or the Planning Commission shall be filed within ten calendar days after the date of the decision. Appeals may not be processed on actions which must be heard by and receive final action by the City Council, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission as described in Section 245.32. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-3 5/97 i 248.18 Designation of Hearing Body on Appeal The Planning Commission shall hear an appeal from the decision of the Director, Zoning Administrator, Design Review Board, Environmental Assessment Committee, and Subdivision Committee. The City Council shall hear an appeal from the decision of the Planning Commission. The decision of the City Council is final, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission. (3334) 248.20 Appeal of Decision A. Notice of Appeal. A person desiring to appeal a decision shall file a written notice of appeal with the Director within the time required by section 248.16 except an appeal to the Planning Commission's decision shall be filed with the City Clerk. This section shall not apply to any action which must be heard by the City Council whether or not an appeal from the Planning Commission is filed. i i B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The Director may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal. C. Action on Appeal. The Director or City Clerk shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 248.02 and 248.04. D. De Novo Hearing. The reviewing body shall hear the appeal as a new matter. The original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken. E. Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or may modify the order, requirement, decision, or determination that is being appealed. 248.22 Appeal of Failure to Act An applicant may appeal the failure of the Zoning Administrator, Design Review Board, Environmental Assessment Committee, Subdivision Committee or Planning Commission to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The appeal body shall consider all of the circumstances surrounding the application in determining what is a reasonable time. Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-4 5/97 248.24 Appeal of Decision Not Otherwise Provided For A. Any person may appeal a decision, requirement or determination made by the Director in the administration of the zoning and subdivision ordinances not otherwise provided for in the individual titles of this code. The Planning Commission shall hear the appeal in the first instance. The appeal shall be in writing, filed with the Director and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within ten calendar days of the date of the action appealed. B. The notice of appeal shall be in the form provided by Section 248.20 A and B. The Director shall schedule the appeal for consideration by the Planning Commission within 30 calendar days and shall give the appellant ten calendar days notice of the time and place of the hearing. The decision of the Planning Commission may be appealed to the City Council. 248.26 Fee for Appeal The notice of appeal shall be accompanied by the fee fixed by resolution of the City Council. 248.28 Appeal by City Council Member or Planning Commissioner A. A City Council member or a Planning Commissioner may appeal a decision of the Director, Design Review Board, Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning Administrator. The appeal shall be processed in the same manner as an appeal by.any other person but need not be accompanied by the fee prescribed for an appeal. B. The City Council member or Planning Commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. 248.30 Effective Date of Decision . A decision on a discretionary approval becomes effective at the end of the appeal period. The decision of the City Council is final on the date of its decision, except that decisions on coastal development permits for development located in the appealable area of the coastal zone, the effective date is the day after the Coastal Commission appeal period expires and no appeals were filed or the date upon which final action on the appeal occurs. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-5 5/97 Huntington Beach Municipal Code 5.44.010-5.44.015(a) Chapter 5.44 RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES (1265-12/66,1444-10/68,1454-12/68,3213-11/93,Urg.3247-8/94,Urg.3341-10/96,3449-2/2000) Sections: 5.44.010 Entertainment permit required 5.44.015 Entertainment restrictions 5.44.018 Beverage License--Minors on Premises 5.44.020 Definitions 5.44.025 Repealed=-Ordinance 3213-11/93 5.44.03.0 Entertainment permit--Application 5.44.040 Permit--Application fee 5.44.050 . Permit--Granting 5.44.060 Permit--Period valid 5.44.065 Permit--Notice to Applicant of Action Taken 5.44.070 Permit--Appeal of decision — 5.44.080 Exclusions 5.44.090 Revocation and/or Suspension of permit 5.44.095 Revocation of Permit--Notice to Applicant of Action Taken 5.44.097 Revocation/Suspension--Appeal of Decision 5.44.100 Revocation of permit--Reapplication 5.44.010 .Entertainment permit required. (a) No person shall provide or permit any type of entertainment in a coffee shop, restaurant, nightclub, or place where food or other refreshments are served and which is open to the public unless such person shall first obtain a permit to do so from the Chief of Police as hereinafter provided. (1265-12166,1454-12/68,2541-3/82,3213-11/93) (b) Every establishment in the City of Huntington Beach is subject to the requirements of this chapter, if entertainment or dancing is conducted or proposed to be conducted in such establishment. (3213-11/93) (c) No entertainment or dancing will be allowed in any establishment, unless a permit therefor is granted, in compliance with the provisions of this chapter, and unless said establishment is'in complete compliance with every other applicable law which may otherwise apply to the operation of the establishment. (3213-11/93) (d) The Issuance of a Sex Oriented Business Permit pursuant to Chapter 5.70 of this Code is applicable satisfies the entertainment requirement of this Chapter. A separate entertainment permit is not required. (Urg.3341-10/96) 5.44.015 Entertainment restrictions. The permittee shall: (2n000) (a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the business in any direction; and(2n000) 2/2000 5.44.015(b)—5.44.020(3) Huntington Beach Municipal Code (b) restrict the entertainment provided to that entertainment which is specified in the entertainment permit; and(2/2000) (c) follow all other conditions as set forth in the entertainment permit and in the license as issued by the State of California Alcohol Beverage Control; and(2/2000) ' (d) ensure that all areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all persons in the business; and(2/2000) (e) post the permit conspicuously in business premises. (3213-11/93,3449-2/2000) 5.44.018 Beverage License--Minors on premises. No person conducting, maintaining or carrying on a business, or having charge or control thereof, which has entertainment on its premises shall permit to be admitted on such business.premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. (3a4s-2rl000) 5.44.020 Definitions. The following definitions shall be for purposes of this Chapter only, unless specifically adopted by another section of the Huntington Beach Municipal Code for use therein. (1265-12166,2541-3/82,3213-11/93) (a) Establishment(s). Except as otherwise provided, and for purposes of this Chapter, an "establishment" means any location within the limits of the City of Huntington Beach to which the public may be invited where alcoholic beverages are served. (3213-1 V93) (b) Entertainment. As used in this Chapter, "entertainment" means a single event, a series of events,or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate, or is conducted for the purposes of holding-the attention of, gaining the attention of, or diverting or amusing guests or patrons, including, but not limited to: (3213-11/93) (1) (a) Any amusement or event such as live music or other performance which is knowingly permitted by any establishment subject to this chapter, including presentations by single or multiple performers, such as hypnotists, pantomimes, comedians, song or dance acts, plays, concerts, any type of contest; sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. (3213-11/93) (b) Live or recorded music where public dancing is permitted. (3213-11/93) (2) Any event controlled, conducted, sponsored, encouraged, or knowingly permitted, by an establishment subject to this chapter, which involves any of the activities described in the foregoing paragraphs which is presented by members of the public, whether or not the participants in said activities are compensated by the establishment. (3213-11/93) (3) Establishments which provide juke boxes, televisions, video games, video programs, or 2/2000 Huntington Beach Municipal Code 5.44.020(3)—5.44.030(b)(2) recorded music and no other entertainment, as herein defined, are not required to comply with the provisions of this chapter, unless the recorded music is played on equipment which is operated by an agent or contractor of the establishment for a period exceeding ten(10) minutes per hour. The intent of this section is to require a permit of establishments which provide that which is commonly known as a "DJ" and to exempt establishments which provide incidental or ambient music. (3213-11193) (c) Dancin . "Dance and Dancing" is defined as movement of the human body, accompanied by music or rhythm, except however, "dance and dancing", as used in this chapter, means dancing by patrons only; any other form of dance is deemed "entertainment", as defined herein. (3213-.11193) (d) Patron(s). "Patron(s)" is defined as a member or members of the public who enter any establishment subject to this chapter, except as hereinafter provided. (3213-11/93) "Patron(s)" do not include: (3213-11/93) (1) any agent, owner, employee or contractor of an establishment subject to this chapter. Any person who indirectly or directly receives anything of value in exchange for his or her services rendered on behalf of such establishment shall be considered an "employee" hereunder; (3213-11/93) (2) any agent or representative of any governmental entity of any description whatsoever, including ad hoc boards, task forces, and commissions, provided that such agent or representative enters an establishment, acting in his or her official capacity on behalf of said governmental entity; (3213-11/93) (3) persons who conduct entertainment at the subject establishment. (3213-11/93) 5.44.030 Entertainment permit--Application. (3213-11/93) (a) If a Conditional Use Permit, or any other entitlement, except a certificate of occupancy, is required for the use of any establishment which proposes to provide, or which does provide, entertainment or dancing, the provisions of this chapter shall be satisfied before application is made to the City for any such use permit or entitlement. The body before whom such entitlement application is heard shall not impose any condition inconsistent with the conditions imposed on a permit issued pursuant to this chapter. (3213-11/93) (b) Applicants for entertainment permits shall file a written, signed and acknowledged application with the Business License Department showing: (3213-11/93) (1) The true, full name and any other names, including aliases, used by the applicant, and the permanent address of applicant; (3213-11/93,3449-2rAm) (2) The days of the week, specific hours and address where the entertainment is proposed; (3213-11/93,3449-212000) 2/2000 5.44.030(b)(3)—5.44.030(17) Huntington Beach Municipal Code (3) The true, full name or names and any other names, including aliases of the person or persons having the management or supervision of applicant's business; (3449-z mw) (4) A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment; (3449-=Ooo) (5) Whether or not the person or persons having the management or supervision of applicant's business have been convicted of a crime, the nature of such offense, and the sentence received therefor; (3449-2r2000) (6) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business as the Chief of Police may deem necessary. (1265-12166,1454-12168,3449-2/2=) (7) A floor plan and site plan showing the building interior and grounds, including parking spaces, and the dimension of each portion. (3213-11/93,3449-2rz000) _ (8) A copy of any other licenses, permits, or entitlements issued to the applicant for this establishment or use by the State of California Alcoholic Beverage Control and any - conditions pertaining to that license. (3213-11u93,3449-2rz000) (9) A copy of all Conditional Use Permits for the premises. (Urg.3247-8194,3449-2rAM) (10)A copy of any other permits, or entitlements issued to the applicant for this establishment or use. (3449-2moo) (11)A copy of any building or property lease or contract for the address for which the entertainment will take place. (3449-2l2000) --------------------- --- ------ -------- (12)The name and address of the owner and lessor of the real property upon which the business is to be conducted. (3449-2iz000) (13)Acceptable written proof that the applicant is at least eighteen(18)years of age. (3449. 212000) (14)The social security number and state driver license or identification card number for the applicant. (3449-z2ow) (15)The address to which the Entertainment Permit is to be mailed. (3449-22000) (16)A statement under oath that the applicant has read and understands the provisions of this chapter. (3449-z2oco) (17)A statement under oath that the applicant has personal knowledge of the information contained in the application and that the information contained is true and correct. (3449- 2n00o) 2rz000 Huntington Beach Municipal Code 5.44.040—5.44.050(8) 5.44.040 Perm it--Apalication fee. A fee of two hundred dollars($200) shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of the application. This fee amount shall be valid for a period of one year from the date of adoption of this ordinance. Thereafter the fee shall be set by resolution of the City Council. (1265-12/ss,3213-11193) 5.44.050 Permit--Granting. After the making and filing of the application, the Business License Department shall refer the matter to the Chief of Police for investigation and report thereon. The Chief of Police shall approve and issue an entertainment permit if the application and evidence submitted show,that: (1285-12/66,1444-1ois8,3213-11/93,Urg.3247-8/94) (1) The granting of previous entertainment and other related permits to the applicant has not, in the past, resulted in the operation of a business or businesses which have created loud and/or unreasonable noise levels for that location, as regulated by Huntington Beach Municipal Code Section 8.40, or excessive disturbances to the surrounding environment such that calls for servicesto the Police Department have exceeded fifteen(15) in the preceding twelve(1-2) months, and (Urg.3247-8/94) (2) The applicant or business has not been previously convicted of disturbing the peace and/or the creation of and failure to abate a nuisance as defined in the California Civil Code, or Huntington Beach Municipal Code Section 17.10, and(Urg.3247-8/94,3449-2/2000) (3) The entertainment to be provided would not attract crowds considered large for that location, would not overwhelm the available police and safety services, and would not be incompatible with the surrounding environment, and (Urg.3247-8/94,2/2000) (4) The premises within which the entertainment is to be presented shall provide sufficient sound- absorbing insulation such that noise generated within the premises shall not be in violation of Huntington Beach Municipal Code Section 8.40 in relation to adjacent property or public right-of-way or within any other building or other separate unit within the same building, and (Urg.3247-8/94) (5) Considering where the entertainment is to be presented and its proximity to other businesses, residences, and the surrounding environs, there exist possible effective means of mitigating the noise emanating from the business to a level of insignificance and in compliance with Huntington Beach Municipal Code Section 8.40, and (Urg.32474Y94) (6) The place of entertainment is to be located in a zone permitting the proposed use under Chapter 211 of the Huntington Beach Ordinance Code, and (Urg.3247-W94) (7) All signage conforms to the requirements for that zone, and (Urg.3247-8/94) (8) The granting of an entertainment permit would not violate other sections of the Huntington Beach Municipal Code or other applicable municipal, state, or federal laws, and (Urg.324743/94, 3449-212000) 2/2000 i I 5.44.050(9)—5.44.090(a) Huntington Beach Municipal Code (9) The required fee has been paid. (urg.3247-&94,3449-2@OOo) 4 060 Permit--Period valid. The permit hall be ranted for h 5.4 . p s g the specific occasion requested, or if the request is for continuous permit, the permit shall be issued for not longer than one year. (1265-12166) 5.44.065 Permit--Notice to Applicant of Action Taken. Within twenty(20)working days after the making and filing of the application, unless the applicant signs a written waiver of notice, the Police Department shall mail or personally deliver written notice to the applicant stating the action that was taken on the application, together with a list of any conditions imposed if the application is granted or, if the application is denied,the specific grounds for the denial. The notice shall also advise the applicant of his/her right to appeal the denial of his application or any of the conditions imposed. (3213-11/93,3449-2n000) 5.44.070 Permit--Appeal of decision. Any permittee aggrieved by the decision of the Chief of Police to deny or impose any conditions on such a permit may appeal to the City Council its the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5)days of service of written notice of the Chief of Police's decision. (1444-10/68,3213-11/93,3449-2rz00o) 5.44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to require a permit for the following: (a) For the use of a radio or music recording machine, or juke box in any establishment; (b) For any entertainment provided for members and their guests at a private club where admission is not open to the public; (c) For entertainment conducted in connection with a regularly established recreation park, circus or fairground; (d) For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent, charitable dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association. (1265-i2/66) 5.44.090 Revocation and/or Suspension of permit. The Chief of Police may, revoke or suspend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the licensee or permittee has:.(1265-12i66,3213-11/93,3449-2/2000) (a) received an administrative citation which has been upheld at an administrative hearing, or been convicted of, or has entered a plea of guilty to any violation of the provisions of this chapter, or of any other law or ordinance of the City or state relating to such business; or (3213-11/93, 3449-2/2000) Z2000 5.44.090(b)—5.44.100 Huntington Beach Municipal Code (b) permitted entertainment that is detrimental to the public welfare or that permittee, or his employees, are engaged in conduct or behavior which creates unreasonable noise or constitutes a nuisance, including but not limited to complaints registered with any City Department, the State Alcoholic Beverage Control Board or the County Health Department; or(3449-2/2000) (c) The application is discovered to contain incorrect, false, or misleading information; or (d) the business has been in violation of three(3) or more violations of the same provision, or six (6) or more violations of any of the provisions, of this Chapter occur(regardless of whether notice of each individual violation is given to the owner or applicant)within any twelve (12) month period; or(3449-m000) (e) The permit holder has had a entertainment permit or other similar permit or license denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date-of application. (3449-212000) — 5.44.095 Suspension Revocation of Permit--Notice to Applicant of Action Taken. Upon determining that grounds for permit revocation or suspension exists, the Chief of Police_shall furnish written notice of the revocation to the permit holder. Such notice shall summarize the principal reasons for the revocation. If the notice is mailed, it shall be deposited in the United States Mail, first class postage prepaid, to the address shown on the application. Service shall be deemed complete upon personal service or mailed in the United States Mail. The notice shall also advise the applicant of his right to appeal the revocation or suspension of the permit.(3449-z,2000) 5.44.097 Revocation/Suspension--Appeal of Decision. Any permittee aggrieved by the decision of the Chief of Police to revoke or suspend a permit may appeal to the City Council in the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5) days of service of written notice of the Chief of Police's decision. The notice shall also advise the permittee of his/her right to appeal the revocation or suspension. (3449-v2000) 5.44.100 Revocation of permit--Reapplication. Whenever a permit or license is revoked under the terms of this chapter, no other application for a permit under this chapter shall be considered for a period of one year from date of such revocation. (1265-i 2r66) 2/2000 Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 r•��tr:r •r:r[yt,rr�•,�1irrLi +,�`��;i+at 1Li�a�.�. �"':' e '��1 `v v INGTp 024-146-14 �� _ roe"•� �`y Tenant 209 J`h Street Huntington Beach, CA. 92648 END G' LEGAL NOTICE- PUBLIC H�ARIN r-- ! ER •o— •:-Vf'M ' 'fix a-a �DYU�ti '. IIJ,���I�i�ll�1,l1 file 11111„t,I�fll'J01II„J,I11IP13111IJI . Connie Brockway, City Clerk 1 q^ - '",``•� City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 939-505-85 Craig Smith 200 Pacific Coast Hwy. Suite 312 INGTp Huntington Beach, CA 92648-5191 PON SMIT200* 926483016 IC99 16 63/13/01 ORWARD TIME EXP RTN TO SEND p F 4 q SMITH'CRAIG E 02 .1. 25 RALEIGH CT COTO DE CAZA CA 92679-4957 RETURN TO SENDER �puNTY ca . -.... LEGAL NOTICE- PUBLIC HEARING 3tE=1�► fi+L1t1P I��iu��uu���u,�ul�u���iu��ui��uuu����u���u���u�� -Connie Brockway, City Clerk -•� City of Huntington Beach '' .,f, K Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 °l 939-505-32 N.pTro.,, B S aAmaaING lazar 64� :. Vai'i�835-Sanr " .►,ndk�v Mon tebello, tebe— llo CA 9064 - z 0 55 25 2 �puNTY cp` LEGAL NOTICE - PUBLIC HEARING �� = l+ �I ��� += ff f ►I f f I: li i:f :I��+..�u c�Ut���•:��:�_�=�. ,3=: ' f3:: : ! ,:: :, :, :,:: f i:► :: : ::::::,fi: ::if::: : : ,,, :. Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk o J� ► _l , �� `" 3 P.O. Box 190 Huntington Beach, CA 92648 939.505 36 Jeffrey Martin 200 Pacific Coast Hwy#127 � INGTpy4 Huntington Beach,CA 92648 `0' `+fro°+qo� �!9� _ �s y MARTR00* 926483016 IB99 16 03/13/01 FORWARD TIME EXP RTN TO SEND CO ` MARTIN' JEFFER•Y M i. 3633 N . 3RD AVE APT 1072 ' 9 �t PHOENIX AZ 85013-3926 RETURN TO SENDER NTV LEGAL NOTICE- PUBLIC HEARING -- 3SF.A6 Connie Brockway, City Ci Clerk - _ City of Huntington Beach Office of the City Clerk 1 i 'P.O. Box 190 Huntington Beach CA 92648 l 939-505-10 Marilyn Montero 200 Pacific Coast Hwy. Unit 101 INGrpy�F Huntington Beach, CA 92648 i — 9 C MONT2001< 926483016 IB99 16 03/13/01 C — —_ - Q FORWARD TIME EXP RTN TO SEND MONTERO 7575 QUIET COVE CIP. y� ;If°s HUNTINGTON BEACH CA 92648-6826 FCpUNTr Lp`\ RETURN TO SENDER LEGAL NOTICE - - PUBLIC HEARING Connie Brockway, City Clerk ?J` 1_J �• y City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 82 Occupant �NTINGTp 202 3'd St. 04r�O Huntington Beach, CA 92648 9 _- y LEGAL NOTICE - PUBLIC HE .J L. ! I..i1 O �" :I j'•'1 AT\•�I:.f;:^1' '�'�� �� 'S r2 f� �+ , -: : ? i E li i i ?{ .i.Ei 1 � �•� ._:..J 4 Ut14 { I � f!3?E..ifi:icifi?i1:S?lcilEti:....it�liii::i..el i!iilli. .::: n Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 1 Huntington Beach, CA 92648 95 occunmt ING 201-101 ain St. Q� =�cu"r 14r B Hun ' gton Beach, CA 92648 C-4 - s LEGAL NOI'IdE Mb �I u �•LI«(e=1,J' f '`''1 •�; i t i R� � iii' 1 Connie Brockway, City Clerk City of Huntington Beach l�Office of the City Clerk P.O. Box 190 J , i•i•i; ?`:;`n j ; , Huntington Beach, CA 92648 Il9� •�•a i �''—' rF� :r�r: r• 22 Occupant INGTp 218 !/2 Main St. �� �►E, Be Huntington Beach, CA 92648 LEG OTICE- PUBLIC HEARING , l rim ;:::I.......... ,1 ("I r• I e (1' S C, '�2F 4$ 1 RE F Connie Brockway, City Clerk -�-� City of Huntington Beach y Y Office of the City Clerk A'(�1 �- P.O. Box 190 (J l - Huntington Beach, CA 92648 939 505 24 Emie&Kahryn Hwang �NTING 200 Pacific Coast Highway#115 Huntington Beach, CA 92648 C.41 .,•... WWAN200 926483016 1201 16 03/13/01 RETURN TO SENDER HWANG MOVED LEFT NO ADDRESS 9 i 0 UNABLE TO FORWARD yCF �i no+• RETURN TO SENDER ���NTY Ca _............ LEGAL NOTICE- PUBLIC HEARING 92�43 rCsUt1P ,Ilutu,��l�u,��,,,llu,� Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 I �:..:, '!.;) Huntington Beach, CA 92648jq 939 506 13 I Paul Strain ' 200 Pacific Coast Hwy#349 i INGTpy Huntington Beach, CA 92648 v y STRA200 926483016 1300 16 03/13/01 _ FORWARD TIME EXP RTN TO SEND p Q STRAIN 2055 E BROADWAY UNIT 206 l 9 mot _ Q LONG BEACH CA 90803-5755 RETURN TO SENDER �ppNTY �a` LEGAL NOTICE- PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box1901 Huntington Beach, CA 92648 939 506 35 1 Claire Adachi �HTINGjp 200 Pacific Coast Hwy#M 17 V� �' Huntington Beach, CA 92648 j �O �'`'aro°„fo ��9 RETURN If- " .71 _ Fr ETR a�\ TO SEPDE ? ' O �: y ER E.X< a ,: LEGAL NOTICE- PUBLIC EAR1NG_' ....-. :, '3 Z E, :�::• ::::: :: is ::::S:;i Connie Brockway, City Clerk �p3 411 City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 Mr. Welinder 342 Fifth Street Huntington Beach,CA 92648 INGTp�, `fro"+�Eo ��:�•:"• =- - - cx.,mcrr T_c_z.:r..s-�., -ar.s..__._.�..._ OEr'.° 'i. �F `�� TO SEND�!i(% ... Tit LEGAL NOTICE- PUBLIC HE BINGE :—w:"i:` 3Ee!Ei:i�EiE:�iEiiiEili:iieSEil: i f 11 t �� 1 �! .�-�.:. Connie Brockway, City Clerk w City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 95 �pNSINGTpy occuPA 200 MAI 95 �0� �•�""101+��, B�9 HUNTIN BEACH, CA 92648 LEGAL NOTICE- PUBLIC HEARING i� ! :. ij 7 '3Lfs43==yr+3 ::= :J "!__ i1:!Ee=iii?S`:fE SfiiiliiiE° bill 111lidi!!!! 1M,Il111l10111MIl1khd Connie Brockway, City Clerk', City of Huntington Beach ^, Office of the City Clerk y P.O. Box 190 r, Huntington Beach, CA 92648 95 OCC T �a11NGTQ 20 20 MAIN HU GTON BEACH, CA 92648 �MtpRM44rf uNT -'�,,. _ ;� ICE - PUBLIC HEARING �I�IJ .:LI�: � ,�,. 1. ��-•.�•� EI '�'d fi4� •��•�•+.��-. -'_- fl:?i:iEiSii'�i.Slii?i i...... s? ! 1 !. ? !1?!!! ! 1! I!! ) !! !1! ? F i ! 1 Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 l� Huntington Beach, CA 92648 I J a 60 Occupant ING" 300-406 Main St. Huntington Beach, CA 92648 0 T � �" L-E .AL NOTICE - PUBLIC HEARING �; 326�►8 . suta� -92"4�:'": t is::?:::i:s.•.;....... ?? :: Ii 1 I` I I fi 1 i I _ _ _ i,il,Il!!I! ,l1,lll�il !, �„! , !1 ,,, ? , Connie Brockway, City Clerk O.A� City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 T-.!k W'if tH I 11X7 939 505 92 /i/ Jeffrey Holmes �NSING 17000 Samr Drive Costa Mesa, CA 92626 D-1 C-2 —_-- 9y (1 �Ir C* RE-TURN F. N.0 E R . NT1 X t EGAL N-071 C E kBLIC HEARING Ili 11 111 lifilil If flMlill hill Ifill lit]11 11 fill Connie Brockway, City Clerk City of Huntington Beach Refused Office of the City Clerk P.O. Box 190 Tnsuif:d!;f.(- A,,' Huntington Beach, CA 92648 N ,ch C �02 7 Sa atch X27 atch P. 5653 L su ING L e Ha su, CA 86403 CZ1 Fppp NTY LEGAL NOTICE- PUBLIC, V3 Connie Brockway, City Clerk --- City of Huntington Beach f Office of the City Clerk P.O..Box 190 Huntington Beach, CA 92648 ` , Mr.Troy Auzenne �VHSINGTpy 336 fifth Street A Huntington Beach,CA 92648 l .i.0 •SEINDEI ���� n, r- LECAL NOTICE— PUBLIC HEARING � Il�l�s�t111�I1���l��il��l�il>>>s,�ll{�1�411,�,Itl��ll�s���lsil i Connie Brockway, City Clerk City.of Huntington Beach ` °'" _ Office of the City Clerk P.O. Box 190 1 r• t „ :.4 Huntington Beach, CA 92648 ",. C A •� !.'MET[:: 939 506 07 Gary Lewis 3441 Venture Dr. �pNTINGTpy Huntington Beach, CA 92649 � '.W po44. �,rfu B� ca 9yc - oQ FpppNTY •`p`� LEGAL NOTICE — PUBLIC HEARING 3t649=`r-:•�='L �'-% II(li�r;III1��i�a��444�44���aai'J1J�I�JIJ��li1114��4114tib��14�i11 Connie Brockway, City Clerk City of x Huntington Beach Office of the City Clerk T P.O. Box 190 Huntington Beach, CA 92648 0 939 506 14 Mark Lee 4- 200 Pacific Coast Hwy#350 ING Huntington Beach,-CA 92648 FOR C-j 5 E II 0 ER NT -71 C i;-.. LEGAL G KI&HEARI j3 Bonnie Brockway, City Clerk City of Huntington Beach Co Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 939-505-98 Justin Branson ING 200 Pacific Coast Hwy Unit 328 Huntington Beach, CA 92648-5123 E T I LEGAL NOTICE - PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 C 939-505-34 Paul Byme III 6732 Alamitos Cir. Huntington Beach, CA 92648-1537 ING BYRN732 926481002 IA99 06 03/13/01 FORWARD TIME EXP RTN TO SEND BYRNE 5571 OCEAN TERRACE DR HUNTINGTON BEACH CA 926 Isla �ppu NTY LEGAL NOTICE - PUBLIC HEARING 9s,6aere-6 di-mwo vati Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 .R 0 3 3 1 'jU) Huntington Beach, CA 92648 C,'3' 939 505 27 James Fish 200 Pacific Coast Hwy#118 �NTING i Huntington Beach, CA i 1 92648 C2 E 1)rt i4 T-t)I I I TO SHMERO',i 11T6 SpOUMEND TYCa 1 M16E.-PUBI-11 HEARING 1111 11 Ill lillit I Ill I Ill It Ill I I I I I It It It I Ill I I till I Ill I Ill III It Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 ; = ¢; "T 1 ,f •i(�Cur Huntington Beach, CA 92648 "' V w I • :�.� L E fir'i 1 4/(•'1=_+—r,� I 939 505 55 I Charles Schmidt INGTpy i 200 Pacific Coast Hwy#147 I� ' ti0�—,•�"'°++,fo B�q� i Huntington Beach, CA 92648 9 _ r _ A14 J It op NOTICE ` PUBLIC HEARING N: -_NS2. 11�-Rjq&»�,,,�,�p I(tlttttltl,llttllttllttltll!lt,ttllltlt,lltttl,ltllllttttltil Connie Brockway, City Clerk City of Huntington Beach aM Office of the City Clerk �\� <Y P.O. Box 190 Huntington Beach, CA 92648 147 03. Vera Vera Galitzen �HTINGjp 9770 James River Circle y Fountain Valley, CA 92708 O� Oco"►u++,fo BF ZZ V GALI770 9a7083002 IN 05 03112/O1 �TU13111, 7' B .� NO 9y FO (ti pRDER•—QN FIL U- 7�1{H{LLB f1 - C eft it flue. - .. — _.R TURN— Q,..SE.PaDER t MTY !, nl-its'' - ' I LEGAL N0T10E: UBLIC HEARING �aF.e��.{�»�;.><:,,;t�� Il,{tlt,I;I,Iltttll,Ilttltiltlttt,lii,lttiltttl,lttil:„t,llll Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 C L'; . Dia3-�1�--�,� ------ 71* .(,Ii i-1-71 11 ly"�. S." • -7 A .60 V-4 i ��NSINGTQ OCCUPAN/ "Cop 300-401 PACIF;$:-C_OAST HWW,,&, I HUNTINOTON SEAC-Pf.- 92648 c 17k -Z, 1 �QUNT LEGAL NOTICE- PUBLIC HEARING fill 1111fill 111111111[fill III Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 MET Al 60 OCCUPANT' ING mo-m PAcIFI HUNTINGTON BEAfT, 64181``-,�,,., T LEGAL NOTICE - PUBLIC HEARING 1111111 If 111111 if 11 lift Milt m 'Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 748_l N 60 Se 300410 P el"IbOA ��bSINGTpy HUNTING ON bbrk -,q NOR S,-41 LEGAL NOTICE- PUBLIC H�RI G -7 11j;III fill 111'.11. It 11111 WAR Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 liu, Huntington Beach, CA 92648 �� ``tee»..-_ _— ..:.:.. L Cr 939 505 68 Guilherme Farjalla �ne � b j� 1, ING 1.i1ill;@41F I ia;iiiii;t CA U630— RETURN R E DER ca TO SENDER<-� 6 10 R 0 E Pk Ell"F i, LEGAL NOTICE - PUBLIC H NiG)G OR H. -ll.1 tAl I".12111i ti FesLA Mrs. L Hoffman r I T Y OF J 334 5� Street Huntington Beach, CA 92648 2001 NAR I t, P% 11 u (714) 374-9368 City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, I received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. I strongly protest the live entertainment permit. Even loud speakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. I have no objections to live entertainment inside the restaurant. I understand that there is a price to pay for living in the downtown area. And in spite of that price, I thought it was worth the investment I made in this condominium. But it is not right to lose part of its value due to impossible living conditions. I expect the City Council to enforce the City ordinances and to protect the residents of this area from unnecessary noise pollution. Sincerely, G ; I Lr_ :r CITY OF HUN T;'=GT0 BE!iCN, Cb Mr. & Mrs.J. iota 1001 MAR ( b A f!: u 14 388 5'Street Huntington Beach, CA 92648 (714) 374-5583 City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3114101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, ,j) p rvwcA V d—�a -� LJ'Jt ammWcATIO Mr. &Mrs. W.G. Gallegos =1 t 205A 5'h Street ViUf TIt'-f3 i C,°< EACii*. Cal Huntington Beach, CA 92648 Z001 MAR 1 b A 1�: G 1i (714) 960-1317 To: City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3/15/01 Dear City Council Members, We ask you to deny the permit to have entertainment or loudspeakers on the rooftop of the Ibiza restaurant, 209 Main Street. We do not have any problem with live entertainment inside the restaurant, but 20 feet from our residence is just not reasonable. This is a mixed-use area. We are not the only residents to have problems with the noise of bars in the downtown. Unfortunately, most people have no idea how to go about protecting themselves from these problems. The police offers not much help. We know this first hand because of numerous problems with The Long Board's out door entertainment permit. If the loss of quality of living of the residents is not a good enough reason to deny this permit, there is another good reason to deny it. This is a chance for city council to protect the millions of tax dollars that have been poured in the downtown area. It can be an area where more than just young people "hang out" or for bar patrons. We could be attracting the people that now go to Newport Beach to spend their money. There is a clear message from the track record of extremely high failure rate of good restaurants on Main Street. It is impossible to attract serious diners (which in this case means people willing to spent money on dining not just to get drunk)to an area that resembles a carnival more than a restaurant row. The only restaurants that survive are the ones that operate as a bar or a try to pretend to be nightclubs. And they use blasting music to attract patrons. What starts out as background music becomes blaring when business is not up to their expectations. After operating a business in the downtown area for 18 years we know what we are talking about. The reason Duke's and Chimayo's are so successful is not only their location. It is also the fact that people are shielded from the problems of Main Street by PCH. We wish Mr. Gallagher every success at his venture, but cannot let his venture take away our right to have any quality of home life. S" rely �C wc-, comw(CATION RECEIVED FROM / V� AND MADE A PART OF THE RECORD A COUNCIL MEETL40 OF -- OFFICE OF THE CITY CLERK CONNE BROCKWAY,CITY CLEW ITEM 0 City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loud speakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. - We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, 1 l QleoL� Z��V6l1 (t)�-o j . ort�i vi un , eA gg4P14V J/ - RECEMW FROM AND MADE A PART OF THE REOORD A COUNCIL MEET1NoO OFFTH OFACE c CONNIE BROCKWAY.CITY CLERK ITEM City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincer ly, U), � 71 q RECENW FROM 6 AND WADE A PA Rt OF 74 R RD CDL#CE.MEETM OF -- / OFRCE OF CITY CONNIE WIOCKWAY,CRY CLERIC rrEM City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, 1 v Y)+, 5�a Gh C �l'��6 8 l I � ,� l RECEIVED FROM 19 AND MADE A PARTOF THE COUNCIL MWING OF -�4 'o/ OFFICE OF THE CITY CLERK CONNIEE��BROCKWAY.CRY CL ERIK ITEM 0 LG City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loud speakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown.area has its drawbacks as well as.its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, sk ,37 a RECEIVED FROM 6 AND hNNAPARTOMERECOMAT COUNCIL MEETWO OF OFROE OF TIC CITY CLERK" CONNIE BROCKWAY.CITY CLERK ITEM# City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as-it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. incerely, ' // / C . 0 356 �l 10,ln [ -7 �1 kODE A PART OF TH OORD AT -t mm MEETM OFFICE WYCLEW V MNE KWAY.WY CLERIC RECEIVED F!F3AY.CrrYm=n: Q City Council of Huntington Beach, MAND MWADE EE �01 2000 Main Street, OFHuntington Beach, CA 92648OCIN L rrEU Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, 3 711 .37�1 Vtea . �L RECEWD C "R"OF EETING �0°RD AND MADE f OFRCEo CONNIE BROCKW"Y,CRY CLERK ITEM 0 City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the.area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, .3Z21 5 'S f I C?2&-ve RECEIVEDAND WDE A PART FRO ReCORD COUNCIL 1AEETIN(i F OF A OFFICE OF CONNEOC BRKWAY,CITY Ca.6i1( ITEM City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loud speakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will'be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, VC C7 1 �� - 9&o -6 q'V3 AECEIVEU FTZ ,AWW Cj OFTHE COUNCIL AMEETINGOF OFRCE OF CLEf�( CONNIE MOKWAY,CITY CLEW REIN# City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, TKv I �s . 'Be.na Vcni t �� G�� RECEIVED FROM ' v AND MADE A PART OF E A COUNCL mEETWO OF OFFICE OF TIDY X RC OONNIE BFCC.KWAY,CRY CLEW ITEM s n"' City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loud speakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, �o k o fit r) ► c i4 ve c�> , RECEIVED FROM AND L oA COUNCMEETING OF oFROEof A PART OF THE� M OONNIE MUMMY,CITY CLERIC ITEM•_ City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, 1 ,K CEIVEID RUM M ` V A)O WOE A PART c.MNc+L no E REoA" OFRCEOF CONW ERO kWAY,CrTY CLEW .1W City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach,•3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loud speakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash-in on the lack of caring about the residents in the downtown area. Sincerely, 33L7- 1-'cu.9n�v� ��`�> 314- (93-L kl:tlVEp FF�C�ut�' ��JO�\,e 1� MID MADE A PART OF THE FAMMA COUNCIL MEETING OF OFROEOFTROfTYCLEW CONNIE BROGWAY,CITY MEW fTEM A A City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 311"] Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loud speakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, 'PC � z � `r 0y 1u(�ANDMADE 1 OFFICE OFTHTC-1-T-YCM OONNIE BFiOOMY,CRY CLERK City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loud speakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincer ly, 571-1 S - .-b t,) 66- .A I all / Z& RECEIVED FROM AND MADE A PART OF THE FAKM COUNCIL MEETING OF OFRCEOFTHTWCLEW CONNIE BROCKWAY,CITY CLERK ITEM# City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. S�yl Cy u l AakAa' 3vb nth ST- 7 l 1/ RECEIVED FROM ANDMADEAPARTOF AT COUNCIL MIrE71N0 OF OFFICE OF CONNIE BROCKWAY.CRY CLERK ITEM se 1 City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, ►+ECEIVED FROM COUNCIL ME IG OF AT OFFICE OF TF� p( COME BROCKw/►Y,CITY CLERIC Mem -D City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loud speakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, o�..� 3 5�� S� 0) RECEIVED FROM. AND MADE A PART OF E RECO A OOUNCIL AAEETiNQ OF OFFICE OF THE RK CONNIE BROCKWAY,CITY CLERIC ITEM f D City Council of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Huntington Beach, 3115101 Dear City Council Members, We received notice of a public hearing about the live entertainment at the rooftop of Ibiza Restaurant, 209 Main Street in Huntington Beach. We strongly protest the live entertainment permit. Even loudspeakers, which are also requested, should not be allowed. According to the conditions of their license from the Alcoholic Beverage Control, there is to be absolutely no amplified music on the rooftop. We have no objections to live entertainment inside the restaurant. We realize that living in the downtown area has its drawbacks as well as its benefits, but there are enough problems with noise as it is. But we can and do expect City Council to insist on keeping some standards of decency for those who live in this area. We did not make the considerable investment in our condominium here,just to lose part of its value due to lack of enforcing the City ordinances. We hope that you will appreciate the problems that such a permit will bring to the area, since once it is allowed there will be others that will cash in on the lack of caring about the residents in the downtown area. Sincerely, LGU1, E �� Qw Connie Brockway, City Clerk City of Huntington Beach W"r. Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 4 13. f.: —011 939 506 34 John Montague 114 Eight St Huntington Beach, CA 92648 ING MFG* C4 MONTI 14 926483013 IN 00 03/13/01 ti RETURN TO SENDER FIf" NO FORWARD ORDER ON TLI 11 E It UNABLE TO FORWARD R E T U R h. RETURN TO SENDER Til F 0 AUNTY � S IF I n F.-rR LEGAL NOTIC F Pil 13,L LG-,.H EAR I P i [till Ili fJ1il!i!II!l:!!Jfld fill 111111lillf-d-ii.. Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 Mr. ThoiLs Adams ��NTINGTpy 302 Fifth Street Buntington]Beach, CA 92648 C4 111Eci��.�•9yc� '���,;e.� .`�oi � • � � ft�T���`1li�Ef f=� _.--:e—� � TO. E 1-i;T let �F. S E IN I LEGAL NOTICE-'PUBLIC HEANr. ' 17:1 tj Connie Brockway, City Clerk City of Huntington Beach ' .rye°� Office of the City Clerk % ;'' =tV °<t ` , ? z P.O. Box 190 Huntington Beach, CA 92648 r..x. _r �.r �L: .1•.:• tom..' +✓ ' f 939 505 31 jINGT Galitzen h Oyu 9770 James River Circle +pro*+'fo e- Fountain Valley, CA 92708 A. _ s s _ GALI770 9R700300a 1N 05 03/12/O1 _RETURN TO SENDER ��` FU N A1Q h'ORWA D ORDER FILE ` Et i ��'•-......��1N�i3 t 1'0 FORWARD REFfURN TO SENDER . �o�KTY- T c W c � = LEGAL NOTICE- PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk s `•;°� s .\'- ' P.O. Box 190 % iiANi, (,1 Huntington Beach, CA 92648 I,:, 024 165 20 _< Patricia Nydam INGTpy d 213 Second Street DOE �.w•MIV41 B�9 Huntington Beach, CA 92648 C.3 ., RE i U M-4 L: �c nsr� Lr� L AL NOTICE-PUBLIC HEARING _ (+ + i jy + j} y } j j j i f '!`J:��:L'.(��,,—__,._-.._...._-_..:.,. ��L¢.+�k� �'j�:..— ':'u.�'.� '1;.-:111i111llllI��'.It�!?Iiltllll111� I?1??11?? ell?Is?I?s�l?li?(IeII�?�?Iilli3lE!?ii i Connie Brockway, City Clerk City of Huntington Beach /51� A, Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 939 505 47 Michael and Linda Womack 200 Pacific Coast Hwy#139 ING Huntington Beach, CA 92648 C4 UR11 SENDE !4,iz 4;01 T 0 S F H D E R N T NTI 1 17 IkI7 17." C I LEGAL NOTICE - PUBLIC Muujll 1:1 1:d hf! hL IIII fill Connie Brockway, City Clerk City of Huntington Beach ON Office of the City Clerk P.O. Box 190 '?er- mwl: tj .Huntington Beach, CA 92648 CA ".z A 0, au Us 939 505 82 Aoi Koike 200 Pacific Coast Highway 307 ��Hj1NGrpy Huntington Beach, CA 92648 ,Comm KOIK200 426483016 IN 16 03/13/01 RETURN TO SENDER C=1 NO FORWARD ORDER ON FILE UNABLE TO FORWARD RETURN TO SENDER �pUNTY Ca LEGAL NOTICE— PUBLIC HEARING is III OJAI$fill#0 1 1111A 110 A I I Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 �, ��, `.V .,� , ""0 ; =�:.,. ...� Huntington Beach, CA 92648 X, C A 939-505-15 ING?- Wolfgang I-laubold 200 Pacific Coast Hwy. #106 M*4 Huntington Beach, CA 92648-5123 rl " RE I'Llii l _1 0 S I; H TO AL N i A LEGAL.NOTICE OTICE PUBLIC HEARING I i ja S K I JF 1 10 .4 i m Clerk �: Connie Brockway, City �.;� - � .. to Bea ';. � +';\ 'r•1i<<;�;'�`1 of Huntington Beach _-• City .L�C,�` •' '• t Office of the City Clerk RETURN TO SENDER '-' ' P.O. Box 190 ADDRESSEE MOVED Huntington Beach, CA92648 NO FORWARDING ADDRESS 6 . 939 505 23 l Todd Garcia INGTpy 00�'l0 �. -- 16 3/13/01 q,Zbl,}b3016 1600 — - j 9y GARCNOTI2005ENDER OF NF_tJ ADDRESS to GARCIR` rODD i �oUNTr ca �l ♦...:r��. _ _ . LEGAL NOTICE ...- ------------ 't