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Use Permit 75-01 - The Family Arcade - To permit the use of
�►f �d�' '�I1f of P acat on `f State of California County of Orange ss City 6. Huntington Beach c J George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. .� 1 That he is the printer and publisher of the Huntington Bench + �� News, a weekly newspaper of general circulation printed and nub- fished In Huntington Beach, California and circulated lit the said / County of Orange and elsewhere and published for the dissemination of local and other news of a general character, and has n bona fide subscription list of paying subscribers, and said paper has been estnblishecd, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first insertion of this notice: and the said newspaper is not devoted to the interest of. or published for the entertainment of any _ particular class profession, trade, caliin�+ race or cdenoinination, or PubltstK6 ftu^t14ti�o+�'_8+�+it l�e�nrt, V,&j,s any r,urnher thereof. �. 27. ills,� e . ► .e• .;s ;,;;a::'� `• fft]TiC><`t)f t't{E)FC 11ts"elilialQ' The Huntington Beach New was ad jurliratecd n 1r-nl newspai+er of ;eneral circulation by Jude G. 1C. Srovel in the Sti >erior Court of Orange County, California August 27th. 1937 by order No. A•5931. CONDITIONAL IS H REBUSE Pt IVM htt -pj NOTICE IS HCFtSltY 61tr�ly tiNi r�pu0,; tic hMnring W61 het held'by the City; That the APPEAL Tf? JEI'aIAL______ n' thc000 Courtril l*of the ci CnomboiMof�a►e$Ci�vic Canter,-Nunt.'ngton.Deseh, -At the t►ou, C0I112ITIONAI_ USE -PFFV11 yO� _ n1 of MG Pl.!.,,fir es won thetuafter sa _--- -- tr' ,,,on: "AandaY. tt* 7ttt .day of of which the annexed is a printed copy, was pu:>lishecd in said news- Awit, ISM I" 1pe pantos of c6mlder`nif in epPsi to dental" ey-the city W.n, tong comrniu;on , at- GgrWi:ignai iIjsoi Is Hue ll@� Permix No.- 75m;:,Eqi J,Ojmir Is . paper at ]east _.�`?L----- ourst ;o Permit -en emuicri1cnl.'arcac:o In en cxlsi;na r►armelcial building la-, + cated in the C4 ;idiAhwjty Go'A+ertiet commencing from the ._ .. �1 day of ._ 1ti9 7•c:f 1 .._ __.__ G4.1rictl. The subject ptomrty I% to- C:!ed 4 tee muthweit turner pt SMna= d3te_B'm*t.aed Warnor Avaoue: A:tarxas 19l1._... and ending on the 27th day of March __ __ du-,ripffon a,'on file in the Pianning Dcpartment oifke, nit interestoo petipris ark invited tp 1921, both dnys inclusive, and as often during said ivricxi and 1.%Itt)nd asks reving nions ?cr'nr a; .ana'e:Drass, ms►i op Uld'app"t ' times of publication as said paper wac regularly issued, nnil in the fu,u,r, �nMtit+atian'rti - ire obtained regular and entire issue of Faici pewspaper pruper, and not in a from ft.e otliCe,of the City Clem , supplement, and said notice wa: •.ibllshed therein on the following CArEnr March 27, i.10 '= +",ates, to-wit: FtTY.o.,t�u:�ri�;7To�, tat�ttHf tea r - -a--1 -----�_...� Publisher Subscribed and s%rorn to before me this ___ Za_tt?.__ day of Ram, • ✓ �� Notary Public Orange County, Californin r-_7--- s 'rHOMAS D. WYLLIE •c ` h.�.�•r P�61; r � I � '�'•� Or•n4• Caunf ' r tt.• �*pi+�� .. .._. . r • TO: PLANNING C014MISSION FROM: PLANNING DEPARTMENT DATE: March 18 , 1975 CONDITIONAL USE PERMIT NO. 75-01 FILrNG DATE: 2/4/75- APPLICANT: The Family Arcade GENERAL PLANS 14362 Telegraph Rd. Whittier, Calif . 90604 PROPERTY Neland Sprik � OWNER: 900 Wilshire Blvd. lJ Suite 1430 of Los Angeles, Calif . 90017 ' LOCATION : 5904 6 5906 Warner Ave. REQUEST: To permit the use of a store for an Amusement s� Arcade ENVIRONMENTAL STATUS : Categorical Exemption -- Class I . 1 . 0 GENERAL, INFORMATION: 1 . 1 Conditional Use Permit No. 75-01 is a request to establish a supervised amusemer.t center for the youths of the Community. The amusement arcade will consist of electronic amusement devices such as electronic video games , gallery rifles, pool tables , air hockey tables , etc . , all of which will bf-, contained in a completely enclosed building . 1 . 2 The applicant, as required by Article 533 of the Huntington Beach Ordinance Code, fiied an application for Council Permit with the Finance Department. The City Council at its meeting of March 10, 1975 deferred action on this permit pending the establishment of the use. 2 . 0 PRESENT LAND USE, ZONING, AND GENERAL PLAN DESIGNATION: 2 . 1 •The subject property is presently Loned C4 (Highway Commercial) and - is fully developed as a Commercial/Retail Center. The Board of Zoning Adjustments established the center through approval action on Use Permit No. 73-31 . The subject site is an existing building and will PAGE TWO require minimal modifications . The General Plan designates the site as Commercial/Ret3i1. 2. 2 Properties to the north are zoned C4 and developed as a Commercial. Shopping Center. The property to the east is zoned C2 (Community Business District) and developed with Commercial buildings. To the south is R2 zoning (Medium Density Residential) and diveloped 4ith multi-family residential units . The property to the west is zoned R1 (Low Density Residential) and developed as such, however, there is a flood control channel with a width of 196 ft. that separat3s the single family development from the subject site. 3 . 0 ANALYSIS: 3. 1 The proposed arcade will be located in an existing commercial building that consists of approximately 2144 square feet. The commercial building was established in compliance with applicable provisions of the Huntington Beach Ordinance and the conditions of approval for Use Permit No. 73--31 . 3 . 2 The applicant has indicated that the majority of the arcade' s users will be under the age of 18 and I4isus has proposed a bike rack to be located at the rear of the building. This location of the bike rack would coincide with the applicant' s desire to use the rear door as the arcade ' s primary entrance and exit. The Staff feels that both the rear door entrance and bike rack location are inappropriate be- cause of the possible incompatibility with the adjacent residential development and possible conflicts with the established on--site traffic patterns . Therefore , the Staff feels that the bike rack should be located at the front entrance and that the rear door be an emergency exit only , 3 . 3 The Huntington Beach Police Department has interviewed representatives for the applicant and has indicated to the Planning Staff that they have no objections to the proposed use. 4 .0 FINDINGS : 4 . 1 Based on an ialysis of the site plan and the proposed use, the follo',ring Staff findings are offered for the Commi#.sior 's review: 1 . The proposed plan is in substantial conformance with applicable provisions of the Huntington Beach Ordinance Code `'1 ;, PAGE THREE 2 . The location of the proposed use will be compatible to the surrounding uses if the recommended conditions of approval are implemented. 3 . The proposed site is adequate for the function as depicted on the conceptual site plan . 5 . 0 RECOMMENDATION: 5 . 1 Based on the above findings , Staff recommends approval of Conditional Use Permit No, 75-01 subject to the following suggested conditions: 1 . The conceptual site plan received February 4 , 1975 shall be the approved layout. 2 . Fire protection systems shall be subject to approval by the Fire Department_ . 3 . The hours of operation shall be limited to 9 : 00 A.M. to 10:00 P.M. 4 . The rear door that opens out to the southerly property line shall only be ised as an emergency exit. 5 . A bicycle rack which shall service a minimum of ten (10) bikes ,. shall be provided at a location approved by the Planning Department. a1c:gc ti• fir) w w • I Tj T Y DR. Ill CR. R Cll _. RA z WARNER ' AVM IE, R. fil t?AL • UARE x , +«. ,r u• CZ R2 au I' All fAM"N Doi II � a I. LIEr: 0R _ 1 r - w tom. /(l GHENT DR. r PALD C_ o 0 1 Molm- ywn CONDITIONAL USE PERT-1 I T ;IJ, 75-01 ZONE C-4 A WATMAM KAM MJX4M K". 1ir?3.a ' '`.:--i.. �",4+tk}. ', 'R.•"t.'i . tk-L'trr,�tµ;{.4 Iti' - . . ----------- - - -- — -- -- =j-;t-j.±`St'p' •! ► 1!�(VrJIVGT C Nunc{r�toft lfeuh 1NNt.I I( N FUk PlAFtv)N N �F-ACWANNINC nK AkTMI;ty ,! CONDITIONAL. � APT, P. a. Box 190 _. ► USE CC {� unt(Wan heath, GI. 926411 Film V G PERMIT FEBF8 1 1975 Telt (714) 33b-3271 111,11M, FEE: $tun Huntington1 Igo fI`ln.uu .r 1a�nt �� MMU"ISSION ACTION tattte$ .+r n ApFrpwd o tmdWasIaiNy np>t+oves.1 O bellied ci„ i• .�.i,i,,., , x O witi►drtttett - Y VA — w A Me"— n Yet0 No � i'i••.nr Number pt OOUNCILACTION Late: t W S P R Z K 3 G sttetair�ed eaar..lwi4n '��;, , C O Approrad wkth rondW*m sidw I`r•.;.er ft t ht na'r x d-An colrliain om C)OO IOI LS,f 02 Z 'Bi a Dt Sur © 11~cttied — .a © Wit1ulrawn ltatl�nr .tJrlrttt TA C4. `7—`0— Effective drat L�Sc C) AI b IS 70 XE CDCsC-ki%CC b WCA I ION Of- PH011 H I V Ist.1c strrrt. biffirt Nemr, abltance from ncrtrest inicrwctin( tucct! s701LE : S'901+ S7146 UC )A1wrFIR AWT - Xw MR& ZPM)bP1A1S crkrAr1t i[o c Ilrt~b 14 r r7vr- .Tv rg*SEc rraw Of 4"R"Yr-I! v SPAING.,rt'c•s �I.►GA1. Ofst HlPllun ASSESS'iR'S PAMCEL NO. r, 7 JLISTIJ:K( %TION. •I di net aumplartrly,of mure slut as rrqutrrd artrcbaddiltoad pr 0. Stair trisont «h.% the ru/bluhmcnt. mstntrnancc, at operatton of titre use cr building applied for will not be Jewnwrtul ' io t I I The penes! %elfsrr n/prrsttns residing or worklnj to the rtctnttyi(21 or tnjuricwt W propray sad impro►"tsentt 1.1 the %itmitl of aasth use ur buddt ry N ,� n,n. + a Pr.•li,nt rt,tn,t t,thi•rvnf lfrnt IIft AI I At Ill1) !ttt?r'I.EM!NTAI. WWI MUSY HE READ on srNEt) MY TNF APPLIVNT `t.i+r Huntington Beach planning Commission P.O. BOX 190 CALIFORNIA 92648 ,TO: Honorable Mayor and City council FROM: Planning Commission DATE: April 3, 1975 ATTN: David D. Rowlands, City Administrator RE: Conditional Use Permit No. 75-01 : Appeal to Denial APPLICANT: The gamily Arcade 14362 Telegraph Rd. Whittier, Calif . 90604 PROPERTY Neland Sprik OWNER: 900 Wilshire Blvd . Suite 1430 Los Angeles , Calif . 90017 LOCATION: 59011's' & 5906 Warner Ave. REQUEST: To permit the use of a store for an Amusement Arcade STAFF RECOMMENDATION: The staff recommended conditional approval of Conditional Use Permit No. 74--14 subject to the following suggested conditions : 1 . The conceptual site plan received February 41 1975 shall be the approved layout. 2 . Fire protection systems shall be subject to approval by the Fire Department. 3 . The hours of operation shall be limited to 9 :00 a.m. to 10 : 00 p.m. 4 . The rear door that opens out to '.:.he southerly property line shall only be used as an emergency exit. 5. A bicycle rack which shall service a minimum of ten (10) bikes, shall be provided at a location approved by the Planning Department. PLANNING COASMISSION ACTION: ON MOTI%:N BY SLATES AND SECOND BY PORTER CONDITIONAL USE PERMIT NO. 75 01 WAS DENIED WITH THE FOLLOWrNG FINDING'S BY THE FOLLOWING VOTE: Al,iII 11 ./ 1 ll 11J i tJJI 1 i{.) I�L1,� ♦ ♦L... � i... �., i y 1UU1ktJJWWJM BOM41 Lot ocrtlm Pot i.o. cox ise 2000 K&W Street LICENSE DEPT. hfrJlUTiINGION WACH, CAt.itFl11M141A SI Mi TA. 17141 636-Ml PLEASE TYPE OR PRl FURAt1 !��3../ '�-�--�� C le ivi 4 j e 566 BUSINESS NAME: ` �' ' .�_._.r_ _ ____ : r �� � ,�� *:7SU`' No ................. BUSINESS ADDRESS 1 t/ ........................... MAILING ADDRESS: No.. No. .� TYPE OF BUSINESS: State of California Contiectoti t,f alwwl License No, Stara of California laud of Equalization Permit (EA) No. Health Depsrtmmt Insontlon Perrt P tit No. A P RQVE0.. /"T1ris iwsiness 1s: O In-41duai 11 Psrtnershlp .• List of Owners) or Officers of Corp.: aNTIN �satement of average number of employees to be used 1n this city- Date that you will start business in this city ,.--'Number of vehicles used in this city to conduct your business with a ineiulfactmi-t% rated capacity of (Undo I Ton) i 1 3 T onsl _._. (Ovrr 3 Ton-0 j LOCAL BUSINESS ONLY (Also Complete Reverse Safe) No. Rental Umts: (Apts., Motel/Hotel, Roams, Trailer Spxesl ..,.._� Rental Equipment !Give No.) Passenget Autos_ . Trucks rratlers 12•Whf)_.. (4•Whl) Number of coin operated machines on premises /j ^e ) Music Vending Amusemenl 21 lu /J Service Machine Owntr Name/Addiress: ,y I HEREBY OfCLARE UNDER PENALTY OF PERJURY rHAI THE ABOVE STATEWNTS AND INFORMATION ARE TRUE C AECT: FF R gFFICE LQN,LY: /� ,+> Classification of Business ___. ..,�.._..-- - -�`&s:asr Foe: 2E 0 Date Application Submitted: Processed by: Certificate of Occupancy Filed: _ � s _„ Issued: License Nlr ^,L� ` — -------- •i `i ensing Petiud �� ! to 7 � �A REMARK 1`t'I'Itt,�' t:t► NY ' 1 J t.tt011Arltl,'�(, ,U ICATION FOR A HOME OCCUPATION ONLY Y haw react arui ur+dr+stsnd all 5udtacr the provn,ws for the ograt►on of • ton* occup•tiwl as dr!lhsated ," thv N,jotirylnn !teach Ordmaoce Co& •nd arree to cam0y rrvith scut provlvans Alto, i iree It, f rant permI141crn Iru s0'A%W Oft b1l a .Jty oHKrd a1 •ny reisoneWe came. if iprwrr to*Wahle nonce tar wrh lung 'n'0ction. 11APP1iOVE0 (0i5AlPA0Vf V A40-caant'r>store. ...._ .__. ...._..._ _.-_ th!s..` .. . ._.. _.. .p4ann:nj 06pertmenj0.190101urs ._.....�__("Sref.. 1_17 STATE[ IC OF ACTION OF THE CITY COUKIL Council Chamber, Civic Centex Huntington Reach, California Monday, April 7, 1975 Mayor Coon called the regc,la,r meeting of the City Council of the City of Huntington Beaah to ordor at 700 F.M. peas*nt- Shipley,- Bartlett* Glbba, Matney, Wiedeer, I;Uka; Coar, X.We+znt: None 'R*�r**##'R+R##RMA�t##frA**#f�tt,##f*tF#1t«#1R1t*#*R*'�rifh##*�#R�rAflttlFtk*#11*F**14f1P##tlr#1lRiltttlltk#�# APp1Ah PUBLIC V$:RI23 TO D$IdIAL OF "CUP75-01 APPEAL APPRG�VF .....�-r...�.�.... D,. > jrtsr Coon a►uu)%inged that this .was the day and hour set for.. a..p dilic hearing on an ep"isl riled by. Steve ]Caplan, Aba 'Family Arcade' to the denial by the Planning . C mission of Conditional Use Parmit 75-01, to permit an amusement arcade in an existing co6w*rciol building on, property located, at the southwest corner of Springdale , Street awl 4arner Avenue in a C4 Highway Covnercial Distri:t. The Clerk $.nformed Council that all legal. requirements .^z notification, publication and posting had beer, met, ar„1 c:�:her. than the letter, of appeal) than. no r.Qanaunicati,cns or written protesta to Conditiomal Use Permit No. 75-01 hay beien received. The Planning Director presented a resume' of the reasons for the Plar..:ing Commission's rec:oemrendation of denial. He also presented slides of the area for Council's consideration. Discussion was held between the wouncil and staff. Mayor Coen declared the hearing open. Airs. Pat Suter, 17332 Avalon Lane, City, addressed Council in favor of the Con- ditional Use :e:rmit. Kr. Stove Kaplan, appellant, addressed Council and gave reasons why he believed the application for a Conditional Use permit should be approved. Discussion was held between tho rottnril and M,:. Kaplan :garding the proposed use. i Mr. Flint Morrison, 1 £u2 Ca-ousel Lane, City, President of the Home Council, addressed Council and presented reasons in opposition to the proposed use, stating that he had canvassed the area to obtain people's opinion relative to the proposed ufie. There being no one further present to speak on the matter and there being no further pretests filed, Either oral or written, the hearing was closed by the Mayor. A mo',ior. was made by Councilman Matney to overrule the decision of the Planning Commission and approve Comditional Use Permit No. 75-01 :)aced on the findings contained in the Planning Department transmittal dated March 18, 1975 as follows: 1. The proposed plan 1-3 in substantial conformance with applicable provisions of the Huntington Beach Ordinance Coda. 2. The location of the proposed use will be compatible to the surroundi,:g uses if the recotm w.nde:d conditions of approval are implemented. 3. The proposed site is adequate for the function as depicted on the conceptual site plan. and further directed that the following recommendations contained in the Planning Department Transmittal dated March 18, 1975 be included as conditions of approval of conditional Use Permit 75--01: 1. The c.unceptual site plan received February 4, 1975 shall be the approved layout. 2. Fire protection systems s!U!11 be subject to approval by the Fire Department. 3. The hours of operation shall be limited to 9s00 A.M. to 10200 F.M. 4. The rear door that opens out to the southerly ,property lino shalt only be used as an emergency exit. S. A Bicycle rack which shall service a minimum of ten (10) bikes, shall be proms, vA.doCd at a location approved by the Manning Department. Page #2 Council Statement of Action - 4/7/75 and further dire!ctid that Condition No. 6 be included as follows: r ' 6. That the Planning Department is instructed to conduct an Administrative Review six months from the granting of Conditional Us.9 Permit No. 75-01 and if necessary every six months thereafter, and if it finds that conditions have been violated that it shall report same to the City Council for action in accordance with Section 9d45 of the Huntington Beach Ordinance Code. The Planning Staff is further directed to include in its Administrative Review whether there is any change of circumst"ces, or conditions which would bring the use within the purview of any one or more grounds for denial. mnder Section 9841.4 of the Hunt- ington Beach Ordinance Codef and if the Council finds substantial evidence that any grounds for daiiial exists, Council may rRvoke therefor. The motior4 was passed by the following vote: s AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Ccen NOL:S: Duke ABSENT: None APPLICATION FOR COUNCIL PERMIT -• 'THE FA14ILY ARCADE' - APPROVED The Clerk presented an Application fr . _'ouncil Permit submitted by Mx:. Sheldon Feldwn to conduct an amusement r:code Lasiness, dbe 'The Fam7?�, Arcade` , ZM4-06 Warner Avenue, City, pursuant to Article 543 of the Huntington ich Ordina,af.,sr Code. Said application had been deferred from the March 10, 1. ::d meeting. A motion was masde by Councilman Shipl,ay to approve the Application for Coeutci! Permit submitted by Mr. Sholdor r ztdrpan to conduct an amusement arcade busine!ts dba 'The Family Area►de' , 5904-06 Warner Avenue, City, with the inclusion of the direction to the Planning Staff "elative to Conditional Use Permit No. 75-01, that an Administrat-*.ve Review be conducted in six wnths period of time and if necassary every six months thereafter. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wiieder, (%en NOES: Duke ABSENT: None ' On :motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:45 P.M. to Monday, April 21, 1975, at 5:30 P,M. in the Council Chamber. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder NOES: *done ABSENT: Duke, Coen Alicia M. Wen:worth City Clerk and ex-officio C16 of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Deputy City Clerk by: , �,.s4, �,, ZU Alvin M. Coen Deputy or Maycr STATE OF CALIFORt41A ) County of Orange ) SS: City of Huntington Beach) I, ALICIA M. WENTOWRTH, the duly elected and qualified City Clerk of the City of Huntington Beach, California, do hereby certify .that the above and foregoing is a trua and correct Statement of Action of the City Council of said City at their regular meeting held on the 7th day of April, 1975. KITNESS my hand and seal of the said City of Huntington beach this the 10th day of April, 1975. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of. the City of Huntington Beach, California Deputy 16 Publish t,t Postcards 30 NOTICE OF PUBLIC "ARING APPEAL TO DENIAL � r r-1 cc� x,TYori , use; 11F: 1.�0. 75-01 NCTICE 1S HEREBY GIVEN that a public hearing pill be held by the City Council of the City of Huntington Beach, in the Council Chamber ct the Civic Center, ttintington Beach, at the hour of 7it... Q Y. M. , or as soon ther*4fter as possible , an MonaaY the 7th day of Ate ., 1975, for the purpose of considering an appear. to denial by the City Planning Cormission of Conditional Use Permit No. 75-01. Said permit Is a request to permit an amuser.r_nt arcade in an existing commercial buildinq located it, the C4 (highway Commercial District) . The subject property is located at the southwest corn*r of Springdale Street. adn Warner Avenue. A legal description is on file in the Planninq Ekipartment Office. ALI interested persons are invi.tad to attend said hearing avid express their opinions for or against: said a 1PUrther information may be obtained from the Off:ce of the City Clark. V!TIM rch 27 1 75 CITY OF NMI ?+i DEI H BY: Alici* H. Wentworth City Clerk �f✓ C� Affidavit o4 Publication State of California Count , of Orange }• City f:i Huntington Mach George Farquhar, :sting duly snvorn on rith, says. That he Is a Citizen of the United State., ever the nge of twentycne Sears. 'That he is the painter and publisher of the Huntington Beach News, a weekly of general circulation printed and pub- lished in Huntinifton 13-,ach, California and circulated in the sail County of Orange and ekewhere and published for fife disseminnUon of local and other neirs of a "ener:al character, anti has : Cona fide subicriptiun list of p:!yin; subzscrib^rs. and said paper has beer established, printed and published In the State of California, and County of Orarge, for at least one year next before the publication of !h•e first ime.tion of this notice; arnt the Laid newspaper is not i •uplichod ►tuntini:tar► 8ee�h tir�+1,• Mar, devoted to the interest of, or publi--lied for the entertainmentof any 19M particular class, professiun, trade, calling, race or denninhration. or LEGAL NOTICE any numtx,r thereof. r MICA,OF..�tlat,JC _4JEARllra The iluntington Beach N w wa:; adjudicated a letril ne«•F.)1kiper CD101TH"txt, USE MEWAIT No. 7"1 of geacral circulation by •1udfx G, K. in the SuperlAnr Court HtttlZC IS.HXREBY GIVEN that a pub- of Orange Cou..ty, California August :.rth, 1937 by order :fo. A-5931, is hft)r+it•N111 bo held tW,, the City Pla(1- ting 00Mt 41sslon 01 the dty of Nuntrpt on,t3weh, Catitwnia, for the purpose of 7"nat the �': i .j s..� = --- --'j__. J";l.J.__. Ot1L:Lk`!!r`K Gvndf'an�t U." Hermit NM .Vol. said perrnit is a rejuest to permit ,Jr tmusentsnt steade In an existing xmmerc1AJ building ht utrd in the C4 N,gteN&)r Got• -rmlaA OISVict). The 610- of which the annexed I, a printed copy, was p,,it-li;he d in said r:ews. ect pr9perry Is located st the s21111*9W er r M Sp+ingdda Vreel and Vrarrt* ►hemp. A IeGat dnerrptIrAl Is' on fife j Ixi <r at ]east , i_,a..�..,_ the PLannrrj ot4partmnt offiod. rrrtnt'wiir re h.ed at tits haer: T.-W P.M., on Mart.1 )iti, 1473, If►,tlrfg crr:nnencin from the _ _ ' <j:_. day of _�,n'�' 1�________ __ _ trtsht;i Cnan►b+r 6ul tree of tune Glv $ —• ---- .t+rtdr, 2?J9 auttin Streit. lfuntingtan Beach, C8.111Cr9e. G.)i tf rr•'r" 1,11 interested Axsorm aminrlled iii- and ending on the day at �__.�-_ �.�_.. � ,ttena said Ircming and ex;xess theta; vin;ans for rt a;sinst the FropMerd• a+n4it;onal Uta Permit. f 19_Z_5 , both dn.ys inclu;hre, aryl a�> often durtru: Bald rcricxi and Curtner inlortrstitrn n%Sf.. be a+rW� 4h. tiniCS of publication its sab! p IA!r was re ;u'.ariy is_ueci, and in the (mtA.tbe City Pla-•+ning Departmant. f; regular anti entire lssue of said pest sf apor proper, and tint In a 7elaphone tic. (714) 536.s2r1., supplement, and said notice was pulAlshed thereon on ', re folloMrig r •.DATED this 61h day cx, March 1M ;• dates, to-wit.: . CITY FLANJNIIJG,COMWISS1W. By rtitt►iid A. iia rIcW l�fn t' Publisher Subscribed and rt<orn to befor•_t me this _ i �_____ d ly of r` Notary Public Orange Courity, Callforrila r.-. ---_.._ THOMAS D. VNLUE ; � �` '� llctary Pul+t;c•Cal�lernin i t .•tip +r, ^r��S� Crt�'+If �t :'• , � -- �Qp►O�t rt t: 1� i 1 . Tie Family Arcs& . Ne1MId Sprik 14362 Wzgmph Rd. . .900.W l hiara Blvd. #1430 _ Whittier, Cali Im AngpAast Calif. 90017 E 163-080-04 gc im-oao--o6 gc 161-080--10 gc Donald Carmdc eel SaMue1. Ekst e r Blue Ribbm PrqxrtAw 1919 23rd St, NW M -Ocean Ave. 17.019 Wigdwiter Inane G n, D.C. 20008 . . .Santa.MmUca, Calif. 90402 utin . Beach,_ Calif. r 163•-080-11 gc 353--080-12 gc 163--071--10 go Williams, Bobbd.e G. XMU2.1 J. Si11s Ivan L. Mach j 41 . ruin St. . . .P39 Irt_ Doheny Dr 5RU Brannen Dr. ran Mmti Beach,, Calif _ .Los.Parygreles, Calif. Huntirfjb n Bwet, Calif. 163-071-11 gc _ 1 63r-071 12 rc 163-071--13 go Pobin G. Scatex De. Sat Be uard Alvi.e R. Gross 5821 Brarxm L)r. _ SB31 Drannen Dr. 5841 Brannan Dr. i Hmtingt on Leach, Calif. Hu Ungtm Beach, Cali:f. Ihmtii� Beach, Calif. 163-071.-14 yc 1.63-07115 qc 163--071-1.6 ca Rnb =Ao J. Natalia D=ntnn J. ?,char h I sail F13ms 5851 Brannon Dr. . . 5861 nrannen Dr. 5871.. Brarnen Dr. Amtirylton Beach► Calif. HLnttngt sea.F�-afih, 03JUf.. Mmt:i ngt on Beast-4 Calif. 163-071-17 gc 163-071-16 gc 163-071-19 gc r4 is E. Bcu 3j.1.lian R. Prince _ Barry L. Parnell 5881 Bx-annm Dr. 5891 amn mn Dr. 590.1 Brain en Dr. Mmatirr3ton Bead, Calif. _ . I.1bDt1.Beach, Calif.. titmtiD#M Baach'? Calif. 163-071-20 gc Orxr:p C nmty Flood Dist. Dept:. of ticn Gilbert G. Albert P.O. B= 1078 120 S. Spring St. 5921 Brarn e n Dr. ., SMta fvm f r'--31.;.f. -Los AnW-J es, Cal,i.f. kllu' Ungton beach, Calif. t')rvi g+e 0=ty Sani.tntion Dist. . &mtirgtan aoch Union High ihmt3nctti Beech Mwentary !lvd A. Harper, Gm. Mgr. , .School District School P.O. Hoot 8127 _ . .. 1502 .17trh St_reat Box 71 Fbmtain Val.le'f, Calif. ..1)U t ngtOn BUYAc h, Calif. tfimtingtm Burch, Calif. I arch 25, 1975 V; 4 brr.$t CI Y tER cid Mt�11NIOTrw 8 � The Fancily .Arcade . : 14362 Telegraph Rd. 'Whittier. Calif. ply 3 • The ..City Council of ]Runs ington Beach Hnntin.gtoa Beach, Calif. Dear members. of the City Council and honorable Mayor of the City of H=tin,5ton Beach: This letter shall, constitute an appeal of the denial, by the Planning Commission, of the conditional use permit no. 75-01, on March, 1H, 19756 This conditional use perrtt was applied for by Famill Arcade and was for the purpose of establishing an amusement arcade at 5904-6 Warner Ave . . The form of this appeal shall be If several points which will be enumerated below. Also, The Planning Department staff report is attached and will be used ab reference. Eased on the staff findings, the Planning Commission had no grounds. under which to deny this conditional use ermi.t. The f+c spring is taken directly From the staff report(psee 4.0 of the hed .marked findings) , 1. The �.roposed plan is in substantial s 'orsance with applicable provisions of the Huntington Beach ewftnanca code. 2. The location of the proposed use will be mom- ible to the surrc;unding uses if the recommended conditions of a7proval are in p emeiri o.d. 3. The proposed site is adequate for the function as depicted on the conceptual site plan. Based on all the findings the staff of the Planning Commission (as: oited� in 5.1 of the. attached report) recommended the approval Of _said conditional use permit. het it be further said that Pamily Ax+i de has suet -or complied with gll of the necessary ordinances Aicb ,-Ara renuired for the approval.. of this conditional use permit, Citing am - "mnce, to this fact, the sections of the attached staff report' narked. . . 1.21 2.1, 3.3, . The reasons given by the Planning Commission for the denial of- this conditional use -permit were: a) There is a 'bunp on Warner A**# and an 'areade at this location would be hazzardous. b) . There in a ber next door to the proposed location. The sun total of these reasous led one of 'the members of the cow mission to state that this was not a proper location for the proposed "use . As sty rebuttal to thew rcasoua 1 would like to quote one of the other vemabers of the Planning. Commi lion, !Iwhat is a proper . location. ?". I. don.' t know hay to. -atieNer 'the;bump' in 'the , road ,on Warner , Ave, . While I c It gee,; i*tfiing bazzirdov,s here I, guess this ii. open. to. conjecture, 1;.would imagine that, the gain objecttgn 'to the proposed cite was. the 'bar' which io. adjaoent to the proposed location. Firsts this 'bar' is . ndt; .in reality,. a den of inequity, but a' pleasant, .''young- adult niaht alub called . Fat Fingers. Second, there is no logical reaaon� �rhy Fat Fingers Mould effe:a the patrons of. the proposed arcade any .mare .-than it effects Thrifty Mart, which is also ad jarsent to It.. or any other of the contiguoue stores in the shopping center. Third, the proximity of Fat Fingers to the proposed site was . discussed vith . the investxgatore .of the 'Police Department and it was agreed that this ' proxizity should not create any problems. It was fairly obvious to me that our conditional use permit Was denied on the negative views of one or two of members of the . comidesion toward the proposed use rather than on any concrete facts . This seemed evident to me when one of the members of the Planning Comitissi'.on voiced his opposition to the proposed use and then asked under a?:at grounds could they deny the conditional use permit, Further, the meeting was closed for a vote before any opposition to the , p:ro-- posed use was voiced by any of the members of the Planning Commission, so that it was not possible for us to give a rebuttal of any of these reasons for d snial of the conditional use permit. While I p, rson.ally feel that an amusement arcade is both a legitamate and wholesome form of business, it is not the proper time to embark on that avenue of thought. I do feel that the facts, as detailed above, show that the members of the Planning Commission had no factual grounds upon which to deny said conditional use permit. PAGE TWO FINDINGS: 1 . The use is incompatible with existing uses in the neighborhood. 2. It would be detrimental to business traffic. AYES: Geiger, Bazil, Kerins, Finley, Slates, Porter NOES: None ABSENT: Higgins SUMMARY OF STAFF REPORT: The amusement arcade will consist of electronic amusement dc- -.Lees such as electronic video games, gallery rifles, pool tables , air hockey tables, etc. , all of which will be contained within a com-- plately enclosed building. The proposed arcade will be located in an existing commercial building that consists of approximately 2144 square feet. The commercial building was established in com- pliance with applicable provisions of the Huntington Beach Ordinance and the conditions of approval for Use Permit No . 73-31 . The Huntington Beach Police Department has interviewed the applicant and his representatives had indicated to the Planning Department Staff h, that they have no basis for any objections to the proposed use. ADDITIONAL INFOR14ATION: The applicant, as required by the Huntington Beach Ordinance filed an application for Council permit with the Finance Department. The City Council at its meeting of March 10, 1975 deferred action on this permit pending the establishment of the use . The applicant was present st the public hearing and discussed the suggested conditions of approval with the Commission. ENVIRONMENTAI- STATUS: The proposed use is a Categorical Exemption, Class I, California Environmental Quality Act, 1970 . RECOMMENDATION: The Planning Commission recommends denial of Conditional Use Permit No. 75-01 Lased an the following findings and for the following .reasons: FINDINGS: 1 . The use is inct)mpatible with existing uses in the neighborhood . 2. The use would be detrimental to business traffic. PAGE THREE REASONS : 1. The proposed use has a detrimental Effect upon the general health, welfare, safety and convenience of persons residing in the area. 2 . The proposed use is not compatible with existing or other proposed uses in the neighborhood. 3 . The relationship of the proposed use to others on ':he site is not properly integrated. SUPPORTING INFORMATION SUBMITTED HEREWITH: 1. Staff Report 2 . Area Map Resper,, fully submitt , ? r chard A. Harlow Secretary RAH:JMC :gc TO: P.LM4N.ING COtDIISSION FRO14: PLANNING DEPART14ENT DATE: March 18, 1975 CONDITIONAL USE PERMIT NO. 75-01 FILING DATE: 2/4/75 APPLICANT: The Family Arcade GENERAL PLAN: 14362 Telegraph Rd. Wittier, Calif. 90604 PROPERTY Neland 4prik �, OWNER: 900 Wilshire* Blvd. �0>> Suite 1430 Los Angeles, Calif . 90017 ` LOCATION: 5904 & 5906 Warner Ave. REQUEST: To permit the use of a store for an Amusement Arcade ► ENVIRONMENTAL STATUS : Categorical Exemption - Class Z . 1 . 0 GENERAL INFORMATION: 1. 1 Conditional Use Permit No. 75-01 is a request to establish a supervised amusement center for the youths of the Community. The amusement arcade will consist of electronic amusement devices such as electronic video games, g�.l ery rifles , pool tables , air hockey tables, etc. , all of which will be contained in a completely Enclosed building . 1 . 2 i The applicant, as required by Article 533 of the Huntington Beach Ordinance Code, filed an application for Council. Permit with the F.I.nance Department. The City Council at its meeting of March 10, 1975 deferred action on this permit pending the establishment c,f the use . 2 .0 PRESENT LAND USE, ZONING, AND GENERAL PLAN DESIGNATION: •_ 2.1 The subject property is presently Zoned C4 (Highway Coimmercial) anti is fully developed as a Corimercial/Retail Center. The Board of Zoning Adjur'.ments established the center through approval action on Use Permit No. 73-31 . The subject site is an existing building and :gill . TWO . z2 require minimal modifications. The General Plan designates the site as Commercial/Detail. 2. 2 Properties to the north are zoned C4 and developed as a Commercial Shopping Center. The property to the east is zoned C2 (Community Business District) and developed with Commercial buildings . To the south is R2 zoning (Medium Density Residential) and developed with multi-family residential units . The property to the west is zoned R1 (Low Density Residential) and developed as such, however, there is a flood control channel with a width of 196 ft. that separates the single family development from the subject site. 3 . 0 ANALYSIS: 3 . 1 The proposed arcade will be located in an existing commercial building that consists of approximately 2144 square feet. The commercial building was established in compliance with applicable provisions of the Huntington Beath Ordinance and the conditions of approval for Use Permit No. 73--31 . 3 . 2 The applicant has indicated that the majority of the arcade ' s users Will be under the age of 18 and thus has proposed a bike rack to be located at the ,rear of the building. This location of the bike rack would coincide with the applicant ' s desire to use the rear door as the arcade' s primary entrance and exit. The Staff feels that both the rear door entrance and bike rack location are inappropriate be- cause of the possible incompatibility with the adjacent residential development and possible conflicts with the established on-site traffic patterns . Therefore, the Staff .feels that the bike rack should be located at the front entrance and that the rear door be an emergency exit only. 3 . 3 The Huntington Beach Police Department has interviewed representatives for the applicant and has indicated to the Planning Staff that they have no objections to the proposed use . 1 . 0 FINDI14GS : 4 . 1 Based on an analysis of the site plan and the proposed use, the following Staff findings are offered for the Commission 's review: 1 . The proposed plan is in substantial conformance with applicable provisions of the Huntington '9each Ordinance Code. PAGE THREE 2. The location of the proposed use will be compatible to the i surrounding uses if the recommended conditions of approval are implemented. 3 . The proposed site is adequate for the function as depicted on the conceptual site plan. 5 . 0 RECOMMENDATIO14: 5 . 1 Based on the above findings , Staff recommen.,s approval of Conditional Use Permit No. 75-01 subject to the following suggested conditions: 1. The conceptual site plan received February 4 , 1975 shall be the approved layout. 2 . Fire protection systems shall be subject to approval by the Fire Department. 3 . The hours of operation shall be limited to 9 : 00 A.M. to 10 : 00 P.M. 4 . The rear door that opens out to the southerly property line shall only be used as an emergency exit. 5. A bicycle rack which shall service a minimum of ten (10) bikes , shall be provided at a location approved by the Planning Department. JMC:gc ` , • Fl L�), E ro THY vlEW car. . r� TP, - Cli 1 RA _ WARIER AVE, CK �• L41 - ` %JARS x C2 J ' rM'MN ?"Ltll �. .T ._ Q• x Mtpa �. R2 <, WIANNE:N DH / 41 W ►' `` ` L I IEf OR ; .` GIIE1tT OR. JT 1. • ` ,/ 11 J t J � .. M.-� 1 1 t r r •rea:u^a CONDITIONAL USE PERMIT NO , 7:5-01 ZTIE �--4 11lMir+CTd i MKN ,.r �. PjNNING ADMINISTRATION _ S . 9840 ARTICLE 984 CONDITIONAL USE PERMITS (1563, 1.80 6/73) S . 9840 CONDITIONAL USE PERMITS. INTENT AND PURPOSE. Candit-ional use permits, revocable, conditional, or valid for a time period, may be issued for any use or purpose for which a plan in required or permitted under the provisions of Division 9 of thw }lunLington Reach Ordinance Code. The procedure contained in this artinle is directed toward insuring the best and most appropriate u3e of Property, as contemplated b;• the Piaster Plan of Land Use. lush uses shall not be detrimental to the value of property or improvements, or to the general health, Welfare, safety and ranvenl.ence of a neighborhood or the city as a whole. (1563, 1847 - 6/73) S. 9841 APPLICATIONS. The Planning Connission shall prescribe the form and scope of applications and necessary accompanying data. S . 9841 .1 FILING. Applications for approval of a conditional use permit shall be filed with the Planning Department by the owner of the property or the property owner's authorized agent . If applicant is not the property owner, a letter fron the property otmer authorizing the agent to act In his behalf shall accompany such application. (1563, 1847 - 6/73) S . 9841.2 FILING FEE. At the time the application is filed the applicant shall pnv ? tee of two Hundred Dollars WOO) dollars. (1932 - 6 74 S. 9841.3 PUBLIC DARING. After notice is gi-►en, pursuant to provisions cont.ainc:d in Article 987, public hearing shall be held by the Planning Vommissioii prior to taking action on any conditional use permit application. (1563,1847 - 6/73) a S. 9841.4 DENIAL BY Y1,11NNIAIG C(RiHISSION. The Planning Commission may deny any sppl:catinn If it finds any one of the following-, (a) That the proposed use has a detrimental effect upon the general health, welfare, safety and convenience of persons residing or wor%ing in the neighborhood, or is detrimental to the value of property and improvenr_-nts in the neighborhood; or (b) The proposed use is not contemplated under the Master Plan of Land Use; or (c) The proposed use is not compatible with existing or other proposed uses in the neighborhood; or (d) The location, site layout, and design of the proposed use does not properly adapt the proposed structures to streets, driveways, and other adjacnnt structures and uses in a harmnious manner; or (e) The combination and relationship of one proposed use to another on a site are not properly integrated; or 14 (f) The access to and parking for the proposed use creates an undue traffic problem: or a . _9841.4_(g) ADMINISTRATION PLANNING � (g) In the case of a conditional use permit application for a planned residential development, the development does ro; conform to the provisions contained in Article 911. (1567, 1847-6/73) (h) That the proposed use will cause substantial environmental damage after all reasonable mitigating measures have been considered to minimize the adverse environmental impact of such proposed project, unless such substantial environmental damage together with all mitigating measures is outweighed by substantial benefits to the coinmunity. (1890-1/74) S. 9841.5 CONDITIO AL USE PEWIT APPROVAL. The Planning Ccmunission may approve an application for conditional use permit when it finds that the plan will substantially comply with the requirements of this article, the Master flan of Land Use, and the development standards for the particular use. The Commission may also conditionally approve such application for a conditional use permit ana attach such conditions as it may deem necessary to secure compliance with the provisions of Division 9 and this article. A guarantee and evidence may be required that such conditions are being or will be met . (1563, 1847--6/73) S. 9841.6 HEARING DATE CONTINUANCE. The Planning Commission may continue the hearing from time to time, provided, however, the public hearing or hearings shAll be conducted within si.tty (60) days After the first public hearing. S. 9841.7 FINDING OF FACT AND DECISION. In granting„ modifying, or denying a conditional use permit application, the Planning Commission shall specify the facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the public hearing. (1563, 1847-6/73) S. 9841.8 FAILURE TO ACT. Failure of the Planning Commission to take final action on any conditional use permit application within sixty (60) days after final environmental evaluation has been completed by the Environmental Review Board, shall be deemed a recommendation by the Planning Commission that such application be denied unless a continuance is agreed to by the applicant or his authorized agent. (1536, 1847 - 6/73, 1922 - 8/74) S. 9841.9 Nr)TICE OF DECISION. Notice of the decision of the Planning Commission shall be mailed to the applicant within five (5) working days, excluding wLekends and holidays, after such decisions is rendered, S. 9841.10 E17FECTIVE DATE OF APPROVAL. Conditional use permits shall not become :-Affective for ten (10) days after being granted, and in the event an appeal is filed , or a chailerge is issued by th.: City Council, said permit shall not become effective until a decision is made on such appeal. (1563, 1847-6/73) PLAID ING .ADMINISTRATION S . 9842 NMYww�.M. S .84 APPEAL TO OR CHALLENGE BY THE CITY COUNCIL. The applicant or any aggrieve aggrievea party may appeal a" de =s on or require- ment o" the Planning Commission to the City Council, and the City Council or any member thereof may request in writing a hearing before the City Council to consider any decision, determination or requirement of the Planning Commission . s . 9 42. 1 Time Limit. . All appeals or challenges shall be made withh i_n ten `T73ays following the decision of the Planning Commission . S . a 42 . 2 Form and Content . Any appeal or challenge shall be in wrI t ng, and shall specify, in detail, any grievance, error of decision, or requirement of the Planning Commission . S . 9842. 3 Re2oort_. The City Clerk shall report the filing of such notice of appeal or challenge to the Planning Commissi,cn . S ._ 842 .4 Filina Fee . Accompanying any appeal shall be a filing fee of SeVenty-Five Dollars ($75 .00) . �a42 .'i Notice of Time of Hearin a. Ar.y decision or requirement of e P inn g Commission that is appealed to or challenged by the City Council or any member therof, shall be set for public hear- ing before the City Council by the City Clerk. Said hearing shall be ., held at the earliest possible regular City Council meeting, with public notification pursuant to Article 0,87 of this code . 9842 . 5 . 1 Hearing Date Continuance . The City Council may continue the rearing from Fime to time, and the City Council may refer tote matter back: to th Planning staff of the city for further report, copy of which shall be made available without delay to the land- owner or his raprpsentative, provided, however, the public hearing or hearings shall be concluded within sixty (60) days after the first publ '-e gearing . �7 . a$42 .6 action by City Council . The City Council may, after public heari , affirm., r,: rerse or modify the decision of the Planning Commission . Furthermo. e , the City Council may make any addi- tional determination ..r requirement it shall consider appropriate within the limitations imposr;d by thii article and the Master Plan of Lgnd Use . The decision of the C i.ty Council --hall bG final. . 5 . 0842 .6 . 1 Findir,+ of Fact and Decision . In granting, modifying or oenyin,g an appeal or coai_nge, the City Council shall specify the facts relied upon in rendering a decision . Said decision shall be made within uixty (60) days after the public hearing . s ., c3842.0 . 2_ Notice of Cite Deciaiin . Notice of the decision T ►, � '_' s.;a]L ; mailed to the applicant within five (5) worE:`_..g da;s, excludi...g weekends and holidays, after such ` decision is rend�rec. . S. 9843 A ADMINISTRATION � PLANNINCk S. 9843 Time Limit. Each conditional use permit authorized under the provisions of this article shall become null and void unless actual construction has commenced within one (1) year from the date of final approval. (1563, 1847 - 6/73) S. 9843. 1 Revocation for Delay by City Council. The City Council may revoke any conditional use permit, except conditional use permits for planned residential developments, when actual construction has not commenced within a period of six (6) months from the date of granting if changes have taken place which make the proposed use or building conflict with the surrounding uses , the vrovisions of this article, or the provisions governing the district in which such ut.,• or building is proposed. (1563, 1847 - 6/73) S. 9843.2 Actual Construction Defined. For the purpose of Sections 9843 and 9843. 1 , actual construction means that construction has started and is proceeding without delay and with due diligence. Preparation of plans, securing; financial arrangements , issuance of building permits, letting of contracts, or stockpiling of materials on the site, shall not constitute actual construction. S. 9843.3 Discontinued Use of Land, Building or Premises. When any use of land, building or premises , Established under the provisions of this article, has been discontinued for a period of six (6) months, it shall be unlawful to use such land, building or premises again for such (tic-continued use until a new condi- tional use permit application has been approved. (1563. �847 - 6/73) S. 9843.4 Extensio-a of Time Limits. Upon written request by the applicant or property owner, they Planning Commission may grant extensions of ttma under Sections 9843, 9843 . 1, 9843.2 and 9843.3, not to exceed one (1) year. S. 9844 Unlawful Use. Any building or structure set up, erected, built, moved or maintained and/or any mse of property contrary to the provisions of this article, and/or any conditions attached to the granting of any conditional use permit pursuant thereto shall be and the same is hereby declared to be unlawful and a public nuisance, and the duly constituted authorities of the City of Huntington Beach steal' , upon urder of the City Council, immediately commence action or actions, proceec,'ing or proceedings, for the abatAmer.t, removal and enjoinment thereof in the manner provided I.. - law, and shall. apply to such courts as may have i ,jurisdiction to grant such relief as will abate and remove such building, structure or use and to restrain and en,jcin any person, firm or corporation from setting up, erecting, building, moving or maintaining any building or structure or using any property contrary to the provisions of this article or the conditions attached to said conditional use permit . All remedies provided for herein shall be cumulative and not exclusive. (I563, 1847 - GSM) S. 9845 Failure to Comply• Cer%.i.fir -Ate of Occupancy Withheld. Failure to abide by and to comply faithfully with any and all conditions Attached to the granting of any conditional use permit: pursuant to the provisions of this article shall constitute grounds for revocation of such permit by the City Council. (1563, 1847 - 6/73) S. 9846 Hearin4. The City Council shall hold a hearing on any proposed revocation after giving written notice to the permittne at least ten (10) clays prior to the hearii.`;. PIANNIfiG MMIUSTRATIOIti S . 9847 5, 9847 Application after Denial. When a conditional use permit has been denied, no. further application covering the same or a similar use or plan shall be filed or considered within the period of one (1) year from the date of denial. (1563, 1847 - 6/73) -5 9848_ Certificate of Occupancy and Final Building Inspection Withheld. No building permit shall issue in any case where a conditional use permit, required by the terms of this code, has been granted. No certificate of occupancy shall issue nor shall final building inspection be made until all terms and conditions attached to such conditional use permit are met. (1563, 1847 - 6/73) f I i C I i i I 6/8I 73 CITY . OF . HUNTINGTON BEACH , INTER-DEPARTMENT COMMUNICATION MFWT1Wo7M KAIH To Alicia M. Wentworth, City Clerk From Dan M. Brennan! License Supvr. 5ubjent Council Permit Date February 27, 1975 We are submitting the attached application for business license to the City Council for a Council Pei-mitt per Ordinance Code Art. 533. I We have previously submitted this application to the Police Dept. , and are also enclosing a copy of their favorable report. If there is any further information you will need before submitting this to Council, please advise: us. ' r f .. 1 ` •, • a rf` � � ;/ 1T OPPLICATION FOR LICENSE Cit�g y LICENSE DEPT: P.O. Box 19 2000 Main Street JAN 2 k 1975 rWp1400"Waist HUNTINGTON BEACH, CALIFORNIA 9X4 Toi. 1714) 5384U7 PLEASE TYPE OR PRINT FORM �'� � � �EM ,4USINESS NAME: [J ✓t�USINESS ADDRESS: 57f✓ ;pe,� -�' i ' /� 12k 7 ale. No. Rr+t 'rMAILfNG ADDRESS: ,,,,,�L ` "Cak`f ,r ` �' f-` f�F A ele. No. J�} It/ ,;[lie r, r� �YPE OF BUSINESS: t7r`2Cf State of California Contractor/Professional License No. w46te of California Board of Equalization Permit (EA) No Health Department Inspection Permit No. ., ^is business Is: O Individual Wfartnership ❑ Corporation List of Owner(s) or Officers of Corp.: -ttatement of avora,?e number of employees to be used i this city: ....... w6ate that you will .start business in this city: � �7' Number of vehicles usitd In this city to conduct your business with a manufacturer's rated capacity of: (Under t Ton) (1.3 Tons) (Over 3 Toni) =Lu..r LQCAL BUSINESS ONLY: (Also Complete Reverse Side) No. Rental Units: (Apts.. Motel/Hotel, Rooms, Trailer Spaces) '''-' Rental Equipment (Give No.) Passenger- Arstos ; Trucks Trailers (2-Whl)_ __�,_._. (4-Whl) Number of coin operated machines on premises: ,�,r� Music Vending Amusement f _ Service Machine Owner Name/Address: C'Wzo` i HEREBY DECLARE UNDER PENALTY OF PERJURY THAT THE ABOVE STATEMENTS AND INFORMATION ARE TRUE AND CORRECT: ignature: FOR OFFICE USE W&Y: Classification of Business Fee: ..._.,. Date Application Submitteo: Processed by: Certificate of Jlk.cupancy Filed: Itsued: License N Y7' '' _,.,.._ Licensing Piriod:,z.1-2„_— L ) ._,. TO ;7( REMARKS: ZONING VERIFICATION FOR A HI004E OCCUPATION ONLY i,......._...... . .have read and un&ts? .d all Subitrcr...�.... the Dro,.4%loeA for the trporat;on of a hoer% ocmrwtion as dohntatad in the Hunnngtact Pooch Ordln"ce Cock and area to tmrn0y with sold proviflom. Alto, t sW*a to grant permlulan for inspection by r aty o(fide at any row" Wr time, if qmn rtwof•We Wiw for tu:.h Zone: SOW intOtctltxr. 0APPRt)V€o C)DISAPPfioVEU +~ '� ApiS++tant't sipnaturr noa ��` t �inp ►ertm•nt ensnrrrt r-at...w'..,... NAME• '� Ftrsc� t d ie) lUsil Memplo Maiden ame HOME ADDRESS: (Number/51r"1/Clty•ZiN '9v V BIRTHDATE:..,_.,. '�_. _L y ` • /2� BIRTHPLACE .1c ay 'Yeari {City/5 to/Zlp) HEIGHT: Ft.• ,l�•, In. WEIGHT: ,,. _ _ EYE5:���� HAIR: �`�A-) SOCIAL: SECURITY NO. 7 -" If""/-CALIF. DRIVER'S LICENSE 140.: -� EMER Y PHONE NUMBER TO BE CONTACTED IN CASE OF FIRE, ACCIDENT OR EMERGENCY: HO E•� � "" �� � OTHER: / DATE: Signature of Appiitarit) NAME: --.,- First (Middle) (l.crt! (Farnala - Maiden Name) HOME ADDRES-z - - r t . i' PHONE: Nunttrar/�tlClly-2Ip) � BIP?HDATE: ,,�„ _ , 6 BIRTHPLACE: �� Mo. day Year `Iri�StatUZlp) HEIGHT: -!�- Ft. in. WEIGHT: _,. EYES.- HAIR.-- SOCIAL SECURITY NO. rr� 'l' " �•���1 CALIF. URIVER'S LICENSE NO.: EMERGENCY PHONE NUMBER TO BE CONTACTED IN CASE OF FIRE, ACCIDENT OR EMERGENCY: HOME•. ._� ' OTHER , i DATE: gnaturr a A.ppilee i �f ....«.- �., NAME: ��T f � : AZe.. t�' 41lic !� 1-111iml (Middle) lint) (Forrrale - :Malden Name) HOME ADDRESS; y5 5 S c e.AAR �` PHONE: (Number/St-r1•dCrty.zip) � �Q !!-C:� IAL-4 .�BIRTH DATE:_ BIRTHPLACE: ��LEs�'+FAi�___�>'..._ ,.�...,. 140. flay Year) tC1ty/Staa/2la) HEIGHT:- S" Ft. C' In, WEIGHT:: `•'� EYES: �G�-'c`- HAIR: i SOCIAL SECURITY NO. .=:..7 - �7� 1. CALIF. DRIVER'S LICENSE NO.:�.r�� EMERGENCY PHONE NUMBER TO BE CONTACTED IN CASE OF FIRE. ACCIDENT OR EMERGENCY: /3 •• 7 S- �...�.......,.�,,, �. DATE:..._..:': ... t t;nature AD�lcant) C Aj of Huntingtot Bea-ch P.O. 9OX 190 CAL..IFOAWIA iii+M AUSINESS MNE (VENDOR): ,�,, ,n� �•,�-b�." ADDRESS t �`1�.. ,�t -- /c G�' 4 . . /�1.� PHONE; I`'p•�'y�� N0. TYPE OF MACHINE* PLACEMENT LGCATION UAll (Non►e/Addivsz. of Location) c,1-3 , G ��5 r VtFIL) FF— ryin. of mi)cimic ; 'iib. r►�,�.1t� ►.,! ��►� � /A, ►.,�•11tjSctcvlca/Yun�iiii�;/$uIE. t'4ndi:sh �• CITY OF HUN�TNN G11M BEACH COMMUNICATION olqnpmuw� To DAVID D. ROWLANDS From EARLE W. ROBITAILLE City Administrator Chief of Police Subject APPLICATION FOR BUSINESS LICENSE Date FEBRUARY 26, 1975 SHELDON FELDMAN, DBA "THF FAMILY ARCADE" Attached is Information received from our Administrative Vice Unit in reference to the above applicant. Based on information obtained, we can..see no reason for denial of this application for business license. I r I /f 1 cc: Lt. Brown License Dept. i i /1 CITV OF HUNTINGTON $UACH INTER-DEPARTMENT COMMUNICATION "WROG"NAM To EARLF W. ROBITAILLE From , LT. D. BROWN/1RM POMEROY Chief of Police Administrative Vice Organized Crimea Subject APPLICATION FOR BUSINESS LICENSE Date 7-26-75 Appii cailt t Sheldon FELDMAN et. al. , DBA "THE FAMILY ARCADE" 5904/6 Warner Ave. , H.B. Officer conducted an investigation in reference to the above application for business license. During the cou.ras of the investigation, nothing of a derrogatory nature was revealed. Record checks were conducted on all sub jecte involved, and to date, no derrogatory information has been obtained. Scab9jects hav+e••eperated a similar operation in the City of Fullerton for approximately ane year. Fullerton Police � Department was contacted and related that the arcade was basically unsupervisp i ! •: one on premises mast aC the tire) , and than :h-�• ;• t. •,,t r:arcotic activity and possible juvenf " �v, however, this was not substantiated. Mr. FELDMAN was Intorvi• and adviaead of areas of concern to the local police, and he i .,xted his desire and willingness to cooperator fully. On February 25, Mr. Fr--MAN crams into the offloeo and indicated that Alonzo McDONALD had l;,en dropped from the partnership. Based on information obtained, we can see no reason for denial of this application for a business license. Rid P ,A ct. ve RP r dsq WELFARE _ MORALS S_ 5328 S .. S32$ Certain Machines Exempted It is further expressly provided ..r,. 5328 .Certain Machines E win .cam. that this Article shall not apply to music machines , weighing machines and machines which vend cigarettes , candy, ice cream and the like upon which there is deposited an exact consideration and in which in every case the customer obtains that which he purchases , (710) S .�5329 If any section , subsection, sentence , clause or phrase of this Article is , for any reason , held to be invalid or un- constitutional, such decision shall not effect the validity of the remaining portions of this Article . The City Council of the City of Huntington Beach hereby declares that it would have passed this Article , and each section, subsection , sentence , clause or phrase thereof, irrespective of the fact that any one or more of the sections , subsections , sentences , clauses or phrases be declared invalid or unconstitutional . (710) ARTICLE 533 F;IPOOL AND BILLIARD HALLS (765) S . 5331 Council Permit : In addition to complying with Chapter 21 of the Huntington Beach Ordinance Code , any person , firm, or corporation desiring to engage in the business of operating a pool or billiard hall, 01 other lawful indoor game conducted for profit and open to the public, s,, all first make an application for a permit in writing to the City Council containing at least t:he fallowing information : (a) Name and address of applicant . (b) Name and address of all financially interested parties of the firm. (c) If the applicant is a corporation , the names and audresses of all of the officers of said corporation . (d) Name air:) address of manager or person to be iu charge of premises - (e) Address or location of the proposed pool or billiard hall. , or room. (f) Number of tables to be operated . (g) Whether or not: alcoholic beverages are to be sold on the premises . (h) List of any and all games and amusement: machines and devices to be operated on c:he premises , (i) Signature of the applicant . (765) .S,. 5332' MORALS WELFARE S Police Identification : In addition to the written appli- cation as herein required , the applicant, manager and per- ` sons referred to in sub-sections a, b , c , and d of Section 5331 of this Ordinance , shall personally appear before the Chief of Police or his authorized rereesantative , prior to the City Council meeting when the application for Council permit is to be heard, and have his or their fingerprints and photographs taken for the purpose of a criminal record investigation . (765) S . 5333 Permit : The City Council shall have full power to grant a permit or reject said application , After Council and Ponce investigation, if it shall appear that said person, firm or corporacion is a proper person , firm or corporation to be sip licensed , that the- location and arrangement of the proposed place where said .business is to be conducted is satisfactory , the Council may grant said permit and license , otherwise it shall reject and deny the same . (765) S . 5334 Regulations : For Police regulation and proper supervision all businesses where games of billiards , pool or other indoor games are the primary source of income , they shall be open to the public and conducted in a single room without partition . The main entrance or vestibule into said pool or billiard hall or room shall have glass panel doors , and said doors shall at all times be clear, g un lazed I and unobstructed so that all parts of said room will be open to the public view . At least 50 .percent of the square foocage of the building front open to the public shall 1.e clear, clean glass which would make the interior of the game room visible from the public street , or walkway . (765, 1311) S . 5334 . 1 t�i_ inais . No person operating any business regulated by Article 533 shall allow any minor under age of twenty-one (21) years to be or rem4;in in any room accessible from, or in which such business is carried on if any alcoholic beverages are consumed , dispensed or sold on the same premises . (1311) S . 5334.22 Card Games . No card tables or vames of cards whether played for pleasure or for chance nha',d be allowed, permitted or carried on in any room in which any of the above businesses shall be conducted or in any room accessible therefrom (765) S . .l5334 . 3 Gambling IYI�3aokmakin&.„ g - Pool Sellin -Eta It shall Le Nrrt �/W�1r r♦�..gIIHr, rYlYr I YYriYr.Yr�tir.Y. r unlawful for any person, firm or corporation owning, operating or managing any hust.rcess regulated by Article 533 to permit or allow any person+ or peas<►ns to violate any of the provisions of Chapter 53 of the Huntington Beach Ordinance Code, of Chapters 9, 10 and 10. 5 of the Penal. Code of the State of C.gliforni.a chile in or on the premises of ouch business . (765) "` • WE),FARE MORALS S . 5334 .4 S . 5334 .4 Permit Posted in Conspicuous Place : It shall be unlawful for any person , firm or corporation to operate or conduct �.. any business regulated by Article 533 for .any period of time whatsoever without first having a Council permit and a current and valid City license posted in a prominent and conspicuous place on the premises . (765) S . 5334 . 5 Hours of Business : All billiard and pool room businesses at which alcohol is consumed, dispensed, or sold shall be closed between the hours of 2 :00 A. M. and 6 .: 00 A.M. All other billiard and pool room businesses shall be Llosed between the hours of 12 : 30 A. M and 6 ; 30 A. M. It shall be a violation of this section for any person except the own. er , manager , or Janitor to be upon the premises during the closed hours . (765 , 1311) S . 5334 .6 Exception . Bowling. Recreation Center : WhenEver a pool ' and/or billiard room is operated in conjunction with a bowling center and- a part -of the bowling center operation , Secciot, 5334 . 1 hereof pertaining; cn minors and Secti.?n 5J34 . 5 hereof pertaining to hours of business , shall not apply tc such pool anti/or billiard room, provided , however , that no person under the age of eighteen (18) years shall he permitted to be or allowed to remain in such pool and/or billiard room, unless said minor is accompanied by a parent , guardian or responsible adult . ( 854) S . 5335 Revocation of Permit : In addition to the penalties provided For any violation of Article 533, the Council may revoke, or may instruct the Chief of Police to revoke; any permit or license issued for the conduct of said business for violations of any of they provisions of said Article . ( 765) fS . 5335 . 1 A eal : Subsequent to reVOC.3tion of a permit or License under the provisions of Section 5335 , the permitteae or licensee may petition the City Council for a public hearing by filing a written request with the City Clark within ten ( 10) days after revocation . (765) S 5336 Peenaa,l_U: Any person violating Deny provision .)f this Ordinance shall be deemed guilcv of a misdeameanor and upon conviction thereof shall be punishable: by a fine of not to exceed Five Hundred Dollars (5500 . 00) or by imprisonment in the City or County Jail for a period Qf Pot to exceed six (6) months , or by both such fines and imprisonm*nt . Each separate day, or any portion thereof , during which any violation of. Article 533 occurs or continues, shall be deemed to constitute a separate violation hereof, and a separate offense hereunder, and upon conviction therefor , each auch violation shall be punishable as herein provided . (765) r ? . The location of the, proposed use will be compatible to the i surrounding uses i the recommended conditions of approval are implemented . rf 3 . The proposed site is adequate for the function as depicted on the conceptual site plan . 5 . 0 RECOMMENDATION : 5. 1 Based on the above findings , Staff recommends approval of Conditional. Use Permit No. 75-01 subject to the following suggested conditions: 1 . The conceptual site plan received February 4 , 1975 shall be the approved layout . 2\ Fire protection systems shall be subject to approval by the Fire Department. 3 The hours of operation shall be limited to 9 : 00 A.M. to 10: 00 P.M. 4 The rear door that opens out to the southerly property line shall t only be used as an emergency exit . 5 . A bicycle rack which shall service a minimum of ten ( .0) bikes, i shall be proviried at a location approved by the Planning Department .', JMC :gc Ile oc M � rI it pe y. j •�;�: t i-L, itt i niinal mot3 i f i co t ions . The General Plan designates the site a, C 1111rr!i'cial/Retail . 2 . 2 Properties to the north are zoned C4 and developed as a Commercial � Shopping Center . The property to the east is zoned C2 (Community Business District) and developed with Commercial buildings . To the south is R2 zoning (Mediimn Density Residential) and developed with multi- family residential units . The property to the west is zoned R1 (Low Den,gity Residential ) and developed as such, however, there is i flood control channel with a width of 196 ft . that separates the single family development from the subject site. 3 . 0 ANALYSIS: i .he proposed arcade will be located in an existing commercial building that consists of approximately 2144 square feet . The commercial r building was established in compliance with applicable provisions of the Huntington Beach Ordinance and the conditions of approval for Use Permit No. 73-31 . 3 . 2 The applicant has indicated that the majority of the arcade ' s users will be under the age of 1B and thus has proposed a bike rack to be located at the rear of the building. This location of the bike rack would coincide with the applicant ' s desire to use the rear door as the arcade ' s primary entrance and exit . The Staff feels that both the rear door entrance and bike ra-k location are inappropriate be- cause of *.he possible incompatibility with the adjacent residential development: and possible conflicts with the established on-site traffic patterns . Therefore, the Staff feels that the bike rack shou3d be located at the front entrance and that the rear door be an emergency exit: only. i . 3 '"'ie Huntington Beach Police Department has interviewed representatives • 'Ir the applicant and has .indicated to the Planning Staff that they -ive no objections to the proposed use . : . 0 t'INDING� . 1 -insed on an analysis of the site plan and the proposed use, the following t. t'a f f findings are offered for the Commission ' s review: . .'he proposed plan is in substantial. Conformance with applicable •r.ovi s ions of the Huntington Beach Ordinance Code . :� �• •1„•. �-�....n•�,., cam,....--•- Zr STATDIFUT OF ACTION OV THE CITY Cc Courci1 Chamber, Civic Center Huntington Beach, California Monday, April 7, 1975 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Present: Shipley, Bartlett, Gibbs, Matney, W.ieder, Duke, Coen Absent: None ###*�#iieirt�ltit*tfiit*max*1r+tic*x+tft ti��tA1t��tirrkltir,t#a Kt�r#in#4+k�Ott.«�t+�##ir,sR t lrir#A�tfr+k**I.f ir# *#� PUBLIC HEARING - APPEAL TO DENIAL Or CUP #75-01 APPEAL APPROVED Mayor Coen announced that this was the day and hour set for a pibl.ic hearing on an appeal filed by Steve Kaplan, dba 'Family Arcade' to the dental by the Planning . Commission of Conditional Use Permit 75-01, to permit an amusement arcade in an existing commercial buil3ing on property located at the southwest corner of Springdale Street and Warner Avenue in a C4 Highway Conwiearcial. District. The Clerk informed Council that ali legal requirements for notification, publication and posting had been met, and other than the letter of appeal, that no communications or written protests to Conditional Use Permit No. 715-01 had been zcceived. The Planning Director presented a resumer of the reasons for the Planning Commission's recommendation of denial. He also presented slides of the area for Courcil ' s consideration. Discussion was held between the Council and staff. Mayor Coen declared the hearing open. Mrs. Pat Suter, 171332 Avalon Lane, City, addressed Council in favor of the Ccn- ditiona.l Use Permit. Mr. Steve Kaplan, appellant., addressed Council and gave masons why he believed the application for a Conditional Use Permit should be approved. D .sr_usssion was h.-Id between rite Council and Mr. Xaplan regarding the proposed use. Mr. Flint Morrison, 16662 Carousel. Lane, City, President of the Home Council, addressed .:ouncil and presented reasons in opposition to the proposed use, stating that he had canvassed the area to obtain pz� ple's opinion relative to the proposed use. There beinq no one further present to speak on the matter and there being sic further protests filed, either oral or written, the hearinq was closed by the Mayor. A motion was mitde by Councilman. Matney to overrule the decision of the Planning Coutmissaion and appr�jve: Conditional Use Permit No. 75--01 baaed an the findings contained in the Planning Department: transmittal dated March 113, 1975 as follows; 1. The proposed plan is in substantial conformance with applicab' a provisions of the Huntington beach Ordinance Code. 2. The location of the proposed Lire will be compatible to the surrounding usuu if the recommended conditions of approval are implemented. 3. The proposed site is adequate for the function as depicted on the conceptual cite plan►. and further directed that the following recommendations contained in the Piattning Department Transmittal dated March 16, 1975 be included as conditions of approval of Conditional Use Permit 75-01: 1. The conceptual site plan received February 4, 1975 ahall be, the approved layout. 2. Fire protection systems aball be subject to al,11roval by the Fire: Department. 3. Thn hours of operation shall be limited to 9 c t10 A.M. to 1000 P.M. 4. Tha re&r door that opona out to the :southerly property lino shall only be used as an emergency exit. 5. A bicycle ra(i: which uhall acr4lcc a rs.f ninum of tan M) bikes, ahal l be pro- videxi at a lw-atiost afq)sroved by the Planning Departmant.. 1 P—)e 09 - Co►incil. Statement of Action - 4/7/75 and further directed that Condition No. 6 be included as follows: 6. That the Planning Department i-, instructed to conduct: an Administrative Review six months from the granting of Conditional Use Permit No. 75-01 and if necef;sary every six e►onths thereafter, and if it finds that conditions have been violated that it shall report same to the City Council for action in accordance with Section 9845 of the Huntington Beach Ordinance Code. The Planning Staff is . further directed to include In its Admfnistrat:ive Review whether there is any change of circumstances or conditions which would bring the usn within the ,purview of any one or asore grounds for denial under Section 9841.4 of the Hunt- ington Beach OrdinLi:ne Code; and if the Council finds substantial evidence that any grounds for denial exists, Council may revoke thn:refor.. The motion was passed by the following vote: A► Es: Shipley, Bartlett, Gibbs, Matney, Wieder, Cocn NOES: Duke ?ABSENT: None APPLICATION roR COUNCIL PERMIT - 'THE FAMILY .'►.RCADt' _ APPROVED The Clerk pr8sented an Application for Council permit submitted by Mr. Sheldon Feldman to conduct an amusement arcade business, dba 'The Family Arcade' , 5904-06 Warner Avenge, City, pursuant to Article 533 of the Huntington Beach Ordinance I Cade. Said application had been deferred from the March 10, 1975 meeting. A motion was made by Councilman Shipley to approve tl•e Application for Council Permit submitted by Mr. Sheldon Feldman to conduct an amusement arcade business; dba 'The Family Arcade' , 5904-06 Warner Avunue, City, with the inclusion of the direction to the Planning Staff relative t-) Conditional Use Permit No. 75-01, that an Administrative Review be conducted in six months period of time and if necessary every six months thereafter. The motion was passed by the following vote: I AYES: Shipley, Bartlett, Gibbs, Matney, Wiener, Coen I1OES: Dune ABSENT: None t�*�*�r*�*,rh**,t�#t*�r*rr*►rxx*�t****it,�****�*t*t*�r,�*:,.,c,r� *f�+fa*w����*r*�*+�* t� t�,rra�*a*�,t*� t e r meet:inc of the Cit: Council of the City of Ch: motion by Bartlett, the regular d .y y Huntington Beach adjourned at 10::5 P.M. to Monday, April 21, 1975, at 5:30 P.M. in the Council Chamber. The: motion Was passed by the following vote:: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder � NOES: None ABSENT: nuke, Coen _ Alicia M. Wentworth City Clerk and ex-offi.cio Clerk of the City Cor-icil of the Cit-I ATTEST: of 11unt•inclton Beach. Califtornia By Alicia M. Wentworth Deputy City Clerk by: Alvin M. Coen Deputy �•� Mayar STATE OF MIFOW11A ) County of orange ) SS: City of Huntington Beach! It ALIC1A M. WENTOWRTH, the duly elected and qualified City Cle:.k of the City of linnLington 'beach, California, do hereby certify .that the above atut foregoing io a true and correct Statement of Action of the City Council of said City at their regular meeting held an the 7th dray of April, 1975. WITNESS my hard and seal of the said City of Huntington Beach t:hifs the 1001 day of April, 1975. Alicia It. Wentworth City Clark and . .t-officio Clerk of the City Council of the City of ifunt.ington 130acli, California perz Zz c.i► .{�:. y,�f�� 1.6 .._.