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Home My WebLink AboutConditional Use Permit 79-29 - CALIFORNIA SUN DISCO - Teen D /Av� IN'►NF: Superior Court nV'f►tF. STATE OF CALIFORNIA In and for the fount}of Orange CITY OF FdNTINGTON BEACH CITY CLERK I'llQUE OF PI MIJUTION Public Hearing UP-79-29 .1 oil or State of California County g&Orange '�d1�i1r0A'1«!f a Janet L. S c h u h r k e rt w o.a.al of per, That I am and at all timer herein mentioned ww- is ritirtm if . as .tilr pM d�:. the United States,over the age of twenty one years.and that I t am not a party to, nor intere-ited in the aNive entitled matter, ;;� -00 d�; that I am the principal clerk of the printer of the of irwai tlr► IYr t 1 Y Wi Huntington Beach Independent Review Mom"-r'ftll i 'Zvi fwt.�t•rrt J1.�sn tarn a>�; It newspaper of general circulation,puhli--hed in the(' i,, if w, ;.. •..,'.,�'-,r� Huntington Beach f � ► County of Orange and which newspaper is puhlighed > >r the %go now tf Viaabol" � '• t w�w.it�.ttlw,.x ttttfi+� tr dbt• dioernination of local newer and intelligence of H general rl •frac �yK !.:-:,, >c•. ;: ter, and which newspaper at all time~ herrm rnentumed had Af 13A'r '�+iNMt 4a tip And still has n twr.a fide sulnrription h,t of paying suh%criher%, a 1t► and which rv.. -paper has hcen es:ahli•hed, printed and puh• i?�;�;:.,• ;,;;;;'. ,,shelf at regular intervals in the said County of Orange fors period exert-ding nne year; that the notice, of which the 7µ''��....��rwe°�4 w �. annexed is a printed copy, has baen puhli•h"i in the t;gular QMs!' ,j Yirdad. 1.m4o& and entire issue of said newspaper,and not in any cnpplement WX�,�,y Itrt �tar�r�it abiWOW thert,of,on the following datt`a,to wit: :�1*0 aw•�&M' • lstiw ifTli', Nor . 8r 1979 I certify (or declare) under penalty of penury that the fame^.;,• ing is true and rn!rect_ Uatrdat....6A r•den..6.rave.. ... ... .. .... . . .... ... Califo 'a.this ..9th,day o► .,HOV . rl„79. . . ..............4.^. •• . .. ...... Signature r � trt+•vr C.t t41!� PE •e .r } r, r BUR •*` ',� • �t- - CITY Or HUNTINGTON BEACH Applicant to fill in area Widlin heavy lines only. DEPARTMENT OF RUILDING 6UILGING a ;R,..,,,AND COMMUNITY. DEVELOPMENT t ADDRE55 A 1714) 536.5241ar +« L..,I No. Tract No. Block No Building Address _ Plan Check N r 'S^ �• Occupancy • r Tvpe of Construction fact. L ad �. re' GrpJ s Ofv • i' r. Address ► ,+s� ''(= ;,;: r T No Usa2ot� Use Parking Spaces Required' Alf 1 f< ;.•as;.� tote Zip Ptanninp Act .� r �t/ j Coastal Permit Zone -0 Yes No Controcto Tel.fro. , y Land Use Approved ,r ��r FEES: By r / DatiL_ Permit � �S ��' Address .,,,. Lit.No—,, Permit Authorirad / y ,/ � .r �• �y"�} By /Date ^t' Ian Check S • City ` . Lie.Class ., +' Perm Issued By 'Date Conservation S Ambitect or E n r Tel.N --� r' ,. Re eipt No. Y 4-9 7 TOTAL S Addras LIc fVo. Remarks: City . tale Zip i { j � � �1 ! "7 'i / Sq. Ft. Living No. of No. of Check Or+e '= raj Stories Families Sq. Ft.Garage Descr,pt on . NEW . of Work ,yam ADD'... + i ALTER r Inspection Record REPAIR [� Ap rowel Date Ins ector Use of Builoi ❑ Foundation M DEOL, and Location Valuation r RELOCATE ❑ FloorSiths ! (Including Labor& Ma — I— I hive reati ih.s applicat-, n and aver to comply with all ►ocal and state tav+s apatira,le to budding construction. g ❑ .2. 1 am vai'djy registeted and licensed as required by the City of - ----t - Huntington Reach and the State of Califnrn,., •)r Framing 2. 1 am the legal owner of the above described oturarty. I have filed ri,th the City of Huntington Beach: ~ _ ❑ 1. A certifica!e of consent to self insure issuer by the Ditector of Lath or f . . industrial Relations, or D*y.vau 2. A certificate of workers' compensation Insurance Issued by an I - admitted insurer• or Brown Coat 1 O 3. An exact copy or duplicate thereof certified by the Director Lor Me insurer, or - -.'.' ❑ 4. 1 ce•tify that in the perictmance of the Mork for which th.s ;, 6,nQ ' permit ,s issued, I shall not employ airy persun in any manner so as to become subject to the workers compensatlon laws of ��'�• the State of California. Lancfscapin 1 certify for detlarel under plralty ql peryury iha' the fy V,9ing it g � •1: r, true an correct,an0 eclaration was e+ecuted bA Ina-i��---day :t•.•t•.,, Of • I9�at Huntington Beach f-allfornia.%J Lan,f tis• •.•:1. Conditions permillee Frriai 1 r� "•� If work Is not commenced•120 days from date Of Issue of tfi,s permit, •�.a.,.>, ar if work it abandoned for more than 120 days,th s permit shall be llt,l•1V null antl void. Aeletse �r . ' •ate '�� .. a. , ._ -•�^�;>•;Yy��„ , A", '•I�rr \ J w rrs..•„•. •.-•.1�+ •w..1•. !.. ••►•.•�r•LrI/� •�-J a•a�`••'...•.wry. r•... .. . + . , 4. 777- V f6.1-• '• •�� I • •��j oil , ,s - • i �'�.l'=�,T•�'�.►rlilI�4ilr 1 •' r r" � �A +� �y,�,,• 1 Mail. �r1,.�'f � !t�"J V"ink' /'r '�+s��►y�f`�M j� :�• Y�•'r .,y,1,fr� ��w `a�/�!~t'��,. +iI . i .y�!"t �"♦T�+� �ti!I „:t ��a•,r7••y '.,�f<� 7- r.��►Lj i' a h1•.lr,I'�t♦. yr r� n • .�.• PLUMBING PEF%41T + P 23455 CITY OF HUNTINGTON BEACH i •• . I DEPARTMENT OF .` DEVELOPMENT SERVICES Ia j PERMIT FEES P.O.BOX 190•CALIFORNIA 92645 , TYPE OF FUI•SE OR ITEM Each No. F iees 1'1i4) 536.5241 IXT -+i Water Closet ITOltet) 2.40 JI i Building-j ` Address '� 'l / �'' rr+■ti'. •"'r j House Sewer (see reverse) 6.00 y: tract Lot Build Perrtrr��.It �. Batn Tub 2.40 No. No. No.X20 L shower 2.40 s` �� . 1,r✓ ti ^lavatory Iwash Basin) 2.40 Owner Kitchen Sink and Garbage Disaosal 2.40 f AuCress 'lt� Gas piping 5 or Less Ouliatt 2.40 W"' i �. Gas Piping over 5 Outlets •Ea. .60 Cites fi+� �j�00�f/•« - /� Tel No. Water Healer 2.40 F� f Dfch Washer 2.40 4 f Contractor Urinal 2.40 Adarrttr!�/ yr ip ti"• Lawn Sprinklers• h0 Heads or Lett 2,40 _ `a � r �� i7'?��r "�a�! � �.• ' Automatic Washing Machine 2.40 City Tel No. � Water Softeners 2.40 State City � Lie. No. t , Water Distribution 2.40 `? Lie.No./ �•+/� 3 .7 f P•Trap/Anti siphon 2.40 Use of Building Roof brains • Per Drain 2.40 r s Floor Sinks or Drains 2.40 r. [. ,. 1 New Buildino t--' Old Building U Number of Gas Miller% N.C. —Remarks,-- issuance of Permit 3. 60 TOTAL FEC 1 nave read this app,,cation and agree to comply wilti ali'tucal and state iaws applicawt to buildiny construct-on 17 1. 1 am validly registered and licensed as teuw,ea by thz City of Nuntington Beach and Me Stale of Calitoinla• or u 7. f am the legqal owner,at agent,of the above descriliad property. j 1 have filed with the City of Nuntington Beach: U 1. A Certificate OI consent to self-intuit issued by the Director i of industrial Relations, of Approvals Data Inspectcr (: 7. A CerlitiCate of v.arkers' comotrisation insurance issued by an admitted insurer, of ❑ 3. An e■a:t cony of duplicate th.reof certified ov the Director Ground Plumbing r 1•+t•+� or the insurer, or (l a, 1 CQ'tify that In the pertntmance Ot th! wo:k for which this ROiigti PlumCing ✓yj0'�ic ) permit is itsurd, I %hail flat ernplOy ai•v person in ;ny manner so as to become subject it)the walker:i compensation laws of the State of California. Gas Piping 1 Certify (.lr declare) under penalty O' perlury 'hat the foregoing is true ar}p Co�ct.and: t%clWar,111on was e■eruted on the day Ground stater of •�.t�_ , 19. ... t Hun�n¢ion 1leach, Cautnrnia. �. Cesspool It wori. is not commenced 12) tla.s Iroai daft of ittue 01 th;t Septic Tank permit, or if work is anandoned fur more than 120 days, tCis'Wri'll SnaN be null and void Sewe► ;s Approved by Gas Test i •e•,• Issued by i f / Date r +� Utility Co. Notified Receipt r �r ! . r: L Final e• i'I w •I• . ♦ � yr, - -- _ •t '.•' ram- AUDITOR ONION ., Z �"�" ia•'��' ,r •`. ' •S/+t .S •�'!� I• '�L:f L.�..C�' a • •i. ' .•�Y+r %R ..w M" t'�i .i�1►�.'��'• '` .��••�,7 Y,`�r rr"�r!'■r'.".7`�'Y�1r'►n f�r�'�f�++•.�+�+►�M•■rwwr•w+►a•�r�w...wr ...a.. ..... '� ••� li .,•• A• .1i•A.a./y }, �.•`. ` rl�l� .`;�J .r•.r' I`• ,t f•I,,;• �- • �'��• • • ♦ 'rI ':' •M) �•1,,. .•�:�"t�liac`,r.*.a,a 'tir•,.•. .:•".�. �•,'�! .�. •'f. . .�,..cr., r•�a+. ti•;�+.'>t n1�s'.1• .t.•�.y•. ��... t'i v r ram . '�y�• t: .��.. ts'^i�1r . Honorable mayor anc? City �'.ouncil :Till : Floyd G. Belsito, City Administrator FROM: Department of Development services DATE :: October 25 , 1979 SUBJECT_ STATUS REPORT -- DISCO AT GARFIEI,D AVENUL & MAGNOLIA STREET At the October 15, 1979 meeting the City Council requested information ay to the status of the subject proposed disco. In re•-icw of the application it ,.,as deLermined that the original assessor ' s parcel list when prepared contained an error which resulted j in omitting 3 adjacent property owners out of the list of lG who were :iotified of the public hearing before the Board of Zoning Adjustments . Therefore, a new pullic hearing has been scheduled and the matter will be heard by the Board on October 31. , 1979 ; these property owner:; have been notified of such hearing and' ,-ill be given the opportunity to address the Board in regard to tI:eir concerns with the proposed facility at that October 31 mect:ino . Should the Council wish additional information , the staff will be prepared to discuss this further with you at your November S , 1979 meeting. Rasncctfully submitted, James W. I1alin Director JWP :d f Y' OF Fa U rITI N,l�'.'�o t �1►C�i `2 INTER-DEPARTMENT COMMUI ICATI N To Gail Hutton , City Attorney Fro ,ties 19. Pali n , Director Attn : Jim Georges j Development Services Sut,tect USE PERMIT No. 79-29 Da a November. 1 , 1979 DISCO, MAGNOLIA & GARF'1 EILD REQUEST FOR LEGAL OPINION Facts 1 . The Board of. Zoning Adjustments at its Auclust 8 , 1.979 , meeting approved subject Use Permit , which allowed the establishment of a "disco" in the C-2 Community Business District . Said meeting was a public hearing in which sixteen (16) abutting property owners were notified . Records show that there wo--Is no opposition and no representation present from those abutting property owners . j 2 . After the norma 1 ten ( :.J) day appeal period had expired , building permits were issued to the applicant for construction. 3 . Early last month it: was brought- to this department ' s attention that, due to a procedural error , three ( 3 ) abutti.ny property owners had not been notified . In chechi.ng with your office , it Was cictermined (by J. Georges) that a Are-hearing should be schrduled in order to allow those abutting property owners not previously notified to Present testimony . r �^ s y 4 . After re-notification , a .�econcl public llc�ir. i.�ic� way held b, the Board of Lonina Adjustments on October 31 , 1.979 . At this m:!e-ting , the Board re-approved subject Use hermit with additional conditions which the Board felt adequately mediated concern expressed by � neighboring property owners . ()uestions : 1 . is there now another or new appeal per iod from the October 31 decision-? i 2 . Tf there is an appeal. period , should existing construction permits be suspended : Since the normal np-)e a l pori.od (i C apj)l i c able ) would expire. in Lon days (or next Friday , November 9) , it is of Hie ut:most urgency that this requested opinion be forthcoming as quickly as possible . 011p :CPS : df ,a, ► Cl* 'OF HUNT6NGTON 14 AC H • "�:� SIC INTER-DEPARTMENT COMMUNICATION IIINIM.I(W NIA111 To .Floyd 'G. Belsito, From C. P. Spencer, Assistant Director City Administrator Department of Development Service. Subject DISCO - Use Permit #79-29 Date November 2, 1979 SE . corner of Magnolia and Garfield As reported to you in an earlier memo, the Board of Zoning Adjustments reapproved on October 31 , 1979, Use Permit No. 79-29 allowing the establishment of a disco at the southeast corner of Magnolia and Garfield. Board members were confronted with a highly emotional audience. Items of paramount concern to neighboring residents were : 1. Parking , which was felt by them to be inadequr 2. Noise associated with a typical disco operation. 3 . Problems such as "cruising. " 4 . Litter problems such as bottles , trash, etc. 5. Visual encroachment into th.- ir neighborhood. 6 . Crime rate, which was felt by the neighboring community might increase because of a disco operation. . 7. The undesirables that would be drawn to an establishment of this sort. Q. A use of this intensity in a r,-sidential distract would be non-compatible. The Board attempted to address each of the concerns as presented by the residents . In the parkin ,l , the analysis showed that the shopping center would have some 350+ parking spaces. The hours of operation fair the proposed disco were from the hours of 9 : 00 p.m. to 2 : 00 a .m. . ..when other activities would be inactive, such as normal retail user . The occupant (people) load in the disco facility would probably generate no more than 160-170 vehicles , therefore , parking was felt not to be a concern. Being adequate parking is being provided it was felt that there would be no problem with impacting surrounding streets. Floyd G. Belsito Page 2 November 2, 1979 The second issue to which the Board responded was disco noise. As conditioned, certain precautions were taken in the design of the building itself to attenuate noises associated with disco music. And, if implemented in construction, would take care of noise associa- ted with the interior of the building . The noise that may be associ- ted with outside activities, such as arriving and exiting the premises , was felt to be no more of an intrusion than would be associated with other uses that could be built in that particular zone , such as a restaurant or cafe with secondary bar uses , dance floors , or bowling alleys. The zone would also allow an automobile agency with all the outside activities that would be associated with that use and the like, it was felt that those uses would generate just as much , if not more, activity in the parking lot as would the disco operation. The third concern , that of "cruising, " was hard to respond to because we had no supporting material , no positive substantiating evidence that this facility would generate a "cruising" problem. The issue of litter and bottles, etc . , again was felt Lo be a policing matter that would have to be addressed by the shopping center owners themselves. It didn ' t appear that that would be of paramount importance; we have enough regulations in our Municipal. Code and also within the zoning codes that we could take care of those issues . The next problem that was addressed by the Board was the visual intrusion. It was felt that people leaving and coming to the disco would peer into . second story windows of the residences surrounding to the east. The Board feat, since there is no rear exiting and because of the height of the building in which the disco would be located , there would be no visual impact upon the residents to the east. Another issue that the Board addressed was the crime rate - would it increase or would it not increase. This allegation uas not supported by any substantial evidence upon which the Board could make an evaluation. The Police Department had been contacted prior to the August meeting on this matter, and had no recommendations to the Board regarding any crime rate increase which might be expected . a r I City Council . City of ilunl`ii�ston Bi:act� T. ,•C. Box 190 . Huntington Beach, CA 91648 Dear Council. Ifembers: Hy brother and myself are the owners of the miniature golf cotirsv. • batting cages. .and trampoline center located across Magnolin Stree: 1ji r::v , City of Fountain Valley. I oppose the proposal for a teenage discotheque across the strcrt from ny facility at the northwest corner or Magnolia and Varner. Over the pail, eight years we have built up a family clientele, along with couples, ci►:.:. attend our businesses. We feel that the discotheque clientele vJ21 cttt...er an unruly crowd and causc traffic problems thnt will reach out • our property -and businesses. It has been my observation over .1 ;o:,;: perIac: • of time that the clientele of disco's are not compatible wits au: :.,.ai:;•- oriented operations. We object to. this proposal and thank you in advance for your coo;)cratlon concerning this matter. Sincerely, cc: City Council, City of Fountain Valley `'' ., . . . -• : .'-;�,,:• �:�; fib'• 1. r' t 4-�.04 r; lip Council A Page �'S ends*l/3/70 q D-2b. RANCHO,VIEW PEDESTRIAN BRIDGE Hearing to consider the removal of a pedestrian bridge across the `Ocean. View Flood Control Channel between Lancaster Drive and the. Rancho View School Grounds , and Negative Declaration 78-61 which is a finding that said removal will not have a significant adverse effect upon the environment. Communication received 6/27/78 from residents in the area favoring retention of the bridge. RA: Approve the recommendation of the Planning Commission and 'planning staff that the pedestrian bridge be retained and that the mitigation measures be implemented as recommended and approve NO #78-61 . 7__7D'_2c. APPEAL TO APPROVAL OF CUP 78-5 Hearing on an appeal filed by Jeremiah's Restaurant, Inc. , to the Planning Commission's approval of Conditional Use Permit r78-5 to permit the establishment of a disco dance facility for teenagers �u.1Jan an exiting shopping center. The proposed facility will occony approxirr.:itely a 3300 sq. ft. second story spare of the center located at the n/w corner of Magnolia and Warner. The City Council will also consider Negative Declaration 78-19 which is a finding that said proposal will not have a significant adverse effect upon the environ- ment. RA: Sustain the decision of the Planning Commission and Adopt ND 178-19, approve CUP i78-5, with findinos of fact and subject to the recommended conditions of approval . i D-2d. ZONE CASE 78-9 - ORD NO 2296 Hearing to consider a change of zone, initiated by the Planning Department, from R2 (Medium Density Residential District) to C4 (Highway Commercial District) on property located on the SE corner of Warner Avenue and "A" Street. RA: (a) Approve Zone Case 78-9. (b) Give Ord. No. 2296 a first reading by reading by title and waiving further reading - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE: HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FRDH MEDIUM DENSITY RESIDENTIAL TO HIGHWAY COtIMERCIAL DISTRICT ONi REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF WARN R j, AVENUE AND "A" STREET (ZONE CASE NO 78-9) . " . r OF r:'UN'rAIN VA'i, c Mcmu�.i:dum TO: Planning Director EOM. Housing/Community Development Coordinator DAZE; July 5 , 1978 su6jEcr: HUNTINGTON BEACH APPEAL TO APPROVAL OF CUP 78-5 , TEENAGE DISCOTHEQUE, NORTHWEST CORNER OF MAGNOLIA AND WARNER On Monday; July 3, 1978 , I attended the Huntington Beach City Council meeting and spoke in opposition to the Planning Commission' s approval of Conditional Use Permit 78-5 . I spoke as an official representative of the City of Fountain Valley and indicated to the Council that. the teenage discotheque was not an appropriate use within a neighborhood shopping center . I also a a problems would o ' 1 over mentioned p rkir;g and policing pro ems which oil spill o e into the City of Fountain Vall:•y. I indicated that the City of Fountain Valley' s official position was that the Huntington Beach City Council should deny approval of the teenage discotheque. I also requested permission to read a letter f.-om Mr . Huish , the owner of the miniature golf course , special batting cages and trampoline center . At the conclusion of these remarks , I indicated that since other concerned citizens were 1 unable to be at the meeting , this appeal should be continued for an additional week or two. Many people spoke in opposition to the approval of the discotheque , representative of the citizens, other tenants in the shopping center , as well as the lawyer representing Jeremiah' s Steak House . Motion to deny the approval of the discotheque was made by Mr . Thomas , and the vote was 7-0 in favor of overruling the Commission' s approval . p e Ic or Huudini g/Community Development Coordinator `. SV:kd C 7/. ;)6 . NOTICE OF EXEMPTION 79-140 TO: pile PROJECT, APPLICATION, OR PERMIT NO: Use Permit No. 79-29 Establishment of a discotheque PROJECT'i7TLE/DESCRWriON/LOCA7ION: located at the southeast corner of Garfield and Magnolia PROJECT SPONSOR: RMI Architecture/Planning EXEMPTION IDENTIFICATION: Categorical Eiamytim Ongoing Project Sec See. 15070 run LJEmerpaey Exemption (� Activity not Defined as Project see- 15071 (b) 4 (e) t .� Sec. i50J7 (b) T'!1 hM"erw Project Other(Explain) �J Sec.15073 El (�1 71w project(private)is a lever part of another project for which an EIR has pmviouair been prepared;the or" L J project and EIR Mue approved. and there were no aubnWtial chatVa propored In the project to invsave rsew envinmounW impacts rr»t eortsidered In the w*irW EIR. (See.l 5067) OrigM EIR Number: We Approved: Phuivant to the CAIJF'ORM ENVIRONMENTAL QUALIry ACT OF 1970 and ltt,vi4ons o►':he HUNTINGTON HEAQ1 ORDINANCE CAME,which provide that an activity is c:empt from envvonmtzta1 evalwwo where it an be detamined with otrt4nty that the activity will not have a significant effect on the tzivironment,the activity reimaced barb is therefore granted 1LTF.OnON STATUS with the following autement of findiap: This request is covered by Negative Declaration No. 78-57, previously approved. July 27, 1979 Mewl Ind.of I6rron C_wdfying Xmpwt Dates •,. AHILL R If& ..aK N 4F 3 5 R John Hilliard • Consulting Acoustical Engineers Gordon BricLen July 27, 1979 Mr. Alike Lasley RI MI 18002 Skyoark Circle Irvine, California 92714 Subject: Plan Review. Dear Mr. Lasley. We have reviewed the plans for the dizco in the Huntington Beach Shopping Center. Our recommendations are as follows: 1. The out.side northeast wall between the dance floor and shopping area will require an STC rating of 70 to reduce the estimated 110 dBA generated by the musical instruments to 40 dBA in the shopping area. 2 . This wall shall be constructed as follows : a. 2 separate plates with 2X4 studs separated by 12" air space . b. 2 layers of 5/8" drywall on each exterior side . C. R-19 G" fiberglass in air space . d. Complete cauli:ing of plates and wall perimeter. e. '•so penetrations of this wall for electrical outlets. if outlets are required, they shall be mounted on the face of the drywall . f. The wall shall extend uo to the roof. No windows are permitted on the northwest and southwest. side. All exterior doors shall have full perimeter weatherstripping and have an S'rC rating of :'.9 .t '1538 East Fourfin Street Q Franklin Square L Santa Ana,California 92701 t] (714)835.3728 1 The' ndid West wa`lZ of. ::c.�ti.ng a?'ea 116 must 'h, ve �3 dOU le stud` �a, ll 'saccc3 1-:1/z�� apart .end R-1.1 insiil atiorr .in the c��.v`i ky,. -of b th skids . The entl e .porime-ter - sha1.1 be 'caulkod. t The' ' south wall adjacent to rooms lll , 113, 114 shall` have . ,an `8" ;re-.mifo-kced. concrete wall ani3 a .2XA stud tti�a 11 w`t:h - ? 1-11 'insulation and 2 layers of 5/8" dry wall on the , rin 6s is to , yv ei hid! K. Hil a =d, D. Sc. r si den /Q4�f Zr Cm.0% , •Mintites: H.B. . Board of. Zoning Adjustments Wednesday, August 8, 1979 0nige Sixteen w.r.. 2 . Mitigating measures as set out in -Negative Declaration No. 79-15 . 3. Developer shall submit alighting plan . to be approved by the Secretary of the Board, prior to issuance of permits for same . 4 . Thirty-two (32) foot drive areas throughout development shall be marked Fire Lane to Fire Department specifications with parking limited to one side. AYES: Lipps, Crosby, Burney NOES: None AFSENT: None USE PERMIT 00. 79-29 AR21icant RMI ArchitectureMannirg To. permit the establishment of a discotheque located at the southeast corner of Garfield and Magnolia. This request is covered by Negative Declaration No. 78-57, previously 11 approved. Messrs. Dayton Meyer and Michael Lasley were .present to represent the application. Chairman Crosby outlined the proposal to the Board. The public hearing was opened. Mr. Dayton Meyer addressed the Board and stated his request for a 6, 000 square foot disco in a shopping center now under construction. Mr. Meyer stated that an acoustical analysis bas been completed and that he has received input of pitfalls of other disco ' s in the area. thereby attempting to eliminate problems before they start. There being no other parties present to speak on the application, the public hearing was closed. Secretary Lipps informed the application that the City of Huntington Beach has recently adopted a new Noise Ordinance and further stated that it would be strictly enforced . He then . cautioned the Board that:. the Board must find that a proposal will not be detrimental to surrounding properties under a use permit application. Board dis- cussion followed. ON MOTION BY LIPPS AND SECOND B7 CROSBY USE PERMIT NO. 79-29 .WAS XPPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: Mi'n _t ' H'.'B .Hoard of Zoning Adjustments Wednesdays; August 8, 1979 .` 'Page -Severiteen +: Ej DINGS. 10 . `The establishment, maintenance, and operation of the use twill not be detrimental to : a. The general welfare 'of persons res..ding or working in the vicinity; b. Property and improvements in the vicinity of such use or building . . 2. The granting of a Use Permit will not adversely .affect the General Plan of the City of Huntington Beach. 3 . The proposal is consistent with the City' s General Plan of Land • Use. A. TO BE COMPLETED rRIOR TO ISSUANCE OF BUILDING PERMITS: 1 . The conceptual plot plan and elevations received July 23 , 1979 shall be the approved layout. B. GENERAL CONDITIONS: 1 . Applicant to .implement all recommendations as set forth in the Acoustical Analysis submitted to the Board on August 8, 1979. AYES: Lipps, Crosby, Burney NOES: None ABSENT: None .a MISCELLANEOUS: SPECIAL EVENT NO. 79-19 Applicant: Gloria Zigner& Assoc, To permit a preview party for Broadmoor Homes ' to be held August •'24 , 1979 froin 6: 00 p.m. to 9 :00 p.m. located at 16440 Martin Lane, Huntington Beach, Calif. Ms.; . Lorie .Ross and Mr. Tom Ruiz were present to represent the application. The Board reviewed the plan with the applicants and discussed the conditions of approval with them. Board member Burney stressed the importance of Fire Department inspection prior to the event. . j Floyd G. Belsito Page 3 November 2 , 1979 The Board also addressed the zoning ? ssue. A statement was made by the property owners and residents that the proposal was in the middle of a residential district. It was pointed out by the Board to the residents that- the zone is commercial , C2 , and that it had been a commercial zone for a number of years prior to the building of the homes in which they live. They were apprised a:iso of the fact that the adjacent streets are primary highways (both Magnolia and Garfield) , and there should not be any inner circulation Of traffic from the disco through residential districts . Board members were also told by some of the residenLs in attendance that this type of operation - a disco operation - traditionally draws the drug-oriented types . There again , it was hard to react a.3 it was not substantiated. As stated above, the Board addressed all those items that could be rationally addressed -- the parking , the visual and noise impacts. The Board discussed at some length about noise; how noise can be controlled, City ' s contract with tile_ County of Orange , etc:. Based on all the discussion, the Board voted to reapprove the operation . They (BZA) did , however, add some additional conditions to the earlier approval . One of those new conditions was that the hours of operation should be limited to 9 : 00 p.m. to 2 : 00 a .m. The second condition added was that the rear door shall become an emergency exit only. The third new condition added was that the applicant shall provide privates security, number and procedures to be approved by the Police Department. Fourth condition added was that the City shall , through the County of Orange, conduct a noise investigation (an after-the- fact type investigation) guaranteeing that the proposed operation was in compliance with condition . Said cost shall be borne by the applicant. Foregoing conditions , tied with the previous conditions of approval, was *felt by the BZA to adeauately address those areas of concern. Subseauent to that, meetinn , since Thursdav , this department has been more or less besieged with phone calls from the neighboring residents , and I have been contacted by reporters of various newspapers asking for details. .� C /vl r CITY OF HUNTIICIG''ON BEACH � r C11 I1/2/79 COUNCIL - ADMINISTRATOR COMMUNICATION II10%1 IV.ItN It At 11 To Honorable i� Mayor and From Floyd, G. Belsit�o, _ . City Council Members City Administrator Subject ADDITIONAL ITEMS FOR Date November 21 1979 CITY COUNCIL INFORMATION 1) Federal Enemy Mobilization Board - Agenda Item C-I1 requesting Council to take a position on lev,islation enacting a Federal Energy Mobilization Board will be pulled from the Agenda as the House or. Representatives approved the Bill Thursday, November 1 , 1979 . 2) Additio►-ial Information Re : Disco at Magnolia & Garf.ield - In CA ,11/1/79 , I transmitted a ccmmunication 'to you from Jim £ alin, Direc- tor of Development Services, under Item #21 relating to a status report: on Use Permit #79-29 (disco at Magnolia & Garfield) . Subsequent to that communication, I read in this morning ' s Register an article whereby Mr. Paul Hill indicated he would be appearing before 4he Citv Council Monday evening to express his concerns as well as some of the residents in the area regarding the BZA' s approval o- the disco with conditions. As a result, I directed additional informatioi: j _ ,:orn the Development Services Department as weli as the Police Dvpart- r',,nt be prepared so that the City Council members would have C.,..:s avail - able ' prior to Mr. Hill ' s appearance before the City Council Monday eW .,iing . Enclosed are communications from Pat Spencer, Assistani: Director of the Gapartr:ient of Development Services , and Captain Jenkins , Uniform Divioion Commander from the Police Department. buse 6 ew , tnergY Agellcy 3wee in�� + Power • xv Mgrlt r A:RfT.Sl liilJi4'I' WASNCNGTON-The `Hou►t Thmway'cYerwbsta 1*Y, Approved praldeat acteeh*,;;a to ereste sire f t ldobilictila: '4au�i and g aaotthing tyctcr dnq not sraat --fhe power to override faltnl en- , .ytrvu '%W hws U they threattn to' , delay Coa>:ldttlett of icy enau M107" iha,Hotcva approved fcrsratloe 4 asececy oat L 2 40plol+C444 's 044•tre• tis4fiAe pt�A r.lU' M 2:�t a.iw Safurdiy.(far!f,von i 4 . could dde ute Mmw tetlnerics a1 tryathetk fuel proofs rt vital tacftl• tits and!lien cut rrd tape to let God• • siructlort lyertnlis arn!lkrnse;. i Garter had asked Cwgren to ► C&UWW1 the bow as a key tk=tilt its hit M1813m to reduce UA deprn• dent on fordgn oil by M%aver the Mt. 10 yram But 0 wanted tic db board to set timetabits to anter- pmx tu crit7Kr39 al rraac tAt}c.•cttctkin laws. �tvtrosr Under the liotnse bill, the team vrud FFinpoitit auty lssrs it tlaajb, wtre b4ocLing a Mgb•prbrity tw" forifitr and%Vwd rmuc t a waiver. The Prrildlnt voWd submit the vratver W Car. -m if Moth louts appcvred aifti M ctayr, the law woull be bypassed is iiror of the ay• �y Fitt. ' k1esu Tiers h Prtt 12,GL li •• HMSE. GIVES ENERGY BOARD WIDE POWERS �.•?� t'araflerwi ie+ar Past rM fwthtr delays 1n em*0U4 cncrty xcirea of ratans taws h:ocktn;c i- �f 'Cl►e EMgy DAStras$M Dora facalti-A Eve» a AMgthaxd Ter- e y pmkcm This men= was re• .,• would provide drardli es Jar state arA s.ott of this M cffrtcl by Rtpa.Mar• laded by the White !tote as too ,y btal alencira to pam an apptf atlotts via IL D ll iU•Mi:). Timothy 1~ tovfh permits and lhetsat�.But SYfrth(D-C&)snd Doss lt.Cia=n The Ene g7IItpement and ft.,te tl�+a A acid"'sire state err so- tlt•CsliL).was Mrduily refcmd to How lobbyists threw tici: wtilF i rod tgriratsraeaW�ws. by White lloske lobbrlsta=a"slow :galnst Udait,t e wx to r tzd up a • The S+tnt6t p%.YV.AV sgl�rercd Its, crave mrawrt. n4city to deltas his version►Mcs- Version of tlss' Eaxrg 1'¢rbibiratim. Mearswhibe, the Q ar me Cm- day by 21S to 1�.' its►orgy y Udall de- Blood vrilbout pvovidStsg lot p matte iut.r�pproved a hill by � imaced fk; White ll=t tattier at i; t r►atrrr of tcdtM leas The two AM ' jobs Ix DiNtii (D•Kkh 1 to pesm:t "devtaw.` • .s; . taut°orra�ostruolttce.In a lioasir• _. cor&nM ScRaw t�•'.l ! The Ii%w,,bit:was=VpxW by MMb of itse energy indssatry and or• r"� t sa*td labor:l Yitorrnrntal rrnaasi- r+rtinas am tightiq the waiver prori- -JU vilret tkatm every p1lb- ' tie lsd{tta add tnYlrorus+enttl 14w . �ed is test coat 10 Years aid every pa:k errs cstsbdistsed,."rid . 3 . pi a 3voaattarrre„'lrllatisirr davt;r d.n*.,nb of Ilse larth and spoken. No lard of MIX cnrirsxt- ! _ • '7be'l�arallsiatraiion a,�xxtcd alit ; r-,•,• . t•,a . (04m) m Omit V* bard ftan arl federal It%%LiA it was .. ''' •. .+ tbt}lows 1iac. one Irma ibt Jnttrtor . c4mssrbime and ittr 0.*t !row the i J flit Wow,cawwsee vtrt�act Y ,tav,w•a*s{ wcW led is area '1 ..- .l r !ft' '+Rr�.L 1 r '1�,}�' • r �'�.+. } , ��,��1f\iF•tt r ir!� r, + • 'rt � L-. S lr\f t1Y �tj•z,� ^ �'''S � d��'. �1Sf , 1 • r S y � L i .f , I r • i4 '�L�r�lr f r{ 11 'IS.. ' '• 1y1 L�� ' j Sf ,+ > 04 , ^r I �A','',.+� +�. i� Y t�.;'�� fY:ti 1 }:' , ..�, sr r- i i ='1t -• } 1' if!L- a �^' '�. ro r, • r; `y�Y ', / � _ + ,.r^ .Yr '.�� r 1 r -•S .;r 1 � i.,tr t'r r ; low - _°�/yLidfiM\WO"111`� L OW} ,, i f�i+ 'igMl, ` `•,7,: L yQy � f•.'t ;• A;Ark �'Vk, Ow L '11 i Nrll '41 a •., ti }•,f,r i 1 �W ( '�F i♦V I 1 .�,'1 ry' - 1 =1 ' $. ►fit ; ,•� �.:.' INTER DH'AH1?0E:N'1 C(3A1MUNI CAI iON � � i Tn Floyd G. ��lsito, Fror" C . 11. Sr,-�nc-..•r , r, Uirecte, City Administrator Department of 1)cvc:loproont Servic, 5ulw?ct DISCO - Use Permit 09-29 Date ;;ovelnber 2 , 1979 SE corner of Magnolia and Garfield As reported to you in an c ar. l ier nerve, , the 1)oard of reapproved on October 31 , 1979 , (Ise Permit t1o. 79--29 allo%,.ing L Establishment of a disco at the southeast corner of '::tgnolis and Garfield. Board members were confronted with a highly c'r,otiona '. audi,_,nce . Items of paramount concern to neighboring residents were : 1 . Parking, •,hici, was felt by them to be inarreruate . 2. Noise associated with a typical nisco operati or, . 3. Problems such as "cruising . " A . Litter problems such as bottles , trash , etc. 5. Visual encroachment into their neighborhood . 6. Crime rate, which was felt by the neighboring) c:o, unity m..?'. l L increase because of a disco operation . 7. The undesirables that would be drawn to at) estaL,lishnitant o: this sort . i 6 . A use of this intensify n rr�sidenti_il distr ict: would ba j non-compatible . The Board attempted to addresB each of the concerns cgs pres,.:'rtted r the residents. In the parking , the analysis showed that the shopping center would have some 350+ parking si aces. The hours of apcxz%L:.:)n for the proposed disco were from ;_he hours of 9 :00 f rn. to 2 : 00 when other activities would be inactive, such as normal ret-li l ur. The occupant (people) load in the disco facility would probably i4eneratt. no more than 160-170 'vehicles , therefore, parking wits felt not to be a concern. Being adequate parking is being iirovided it was felt .hat there would be no problem with impacting surrounding street:;. f - rr • r1da J I Floyd G. Beluit-o Pane 2 November 2 , 1979 The second issue to which the Board responded was disco Eloise. As conditioned, certain pr cautions were taken in the design of the building itself to attenuate noises associated with disco music . And, if implemented in construction , would tale care of noise associa- ted with the interior of the building. The noise that may be associ- ted with outside activities , such as arriving .and exiting the promises , was felt to be no more of an intrusion than would be associated with other uses that could be built in that particul.:ar zone , such as a restaurant or cafe with secondary liar uses , darice floors , or Bowling alleys . The zone would also allow an at:tomouil.e agency with all thr outside activities that would be assoc:iat.ed with that use and the like , it was felt that those uses would generate 4us t as much , i f not: more , activity in the barking lot as would the tlisco operation . The third concern, that of "cruising, " was hard to respond to because we had no supporting material , no positive substantiating evidence that this facility wo:ald generate a "cruising" problem. The issue of litter and bottles , etc. , again was felt to be a policing matter that would have to be addressed by the shopping cor.ter owners themselves . It didn ' t appear that that would be of pnrarnoun t importance; we have enough regulations in our Municipal Code and also within the zoning codes that we could take care of those issues . The next problem that was addressed by the Board was the visual intrusion. It was felt that people leaving and corning to the disco would peer into second story windows of the residences surrounding to the east. The Board felt, since there is no rear exiting and because of the height of the building in which tho disco would be .located, there would be no visual impact upon the residents to the east. Another issue that the Board addressed was the crime ra -- would it increase or would it not increase . This allegation wa.; riot supported by any substantial evidence upon which the Board could make an evaluation. The Police Department had been contacted prior to the August mooting on this matter, and had no recommendations to the Board regarding any crime rate increase which might be expected. i 'f 7 MATION SHEET i P64NNING DEPARTMENT CASE NO. LONE: REZONE 'TO: __, „_•_, LOTS:� ACRES: .�,.�..,,, PLOT PLAN CHECKED: LOGGED IN: _,.,.�._,.,. dEGAL CH_ CKRA: GENERAL PLAN LOCA71ONw_. ....^::� 11J r; �, �,Y.j !; _� n r,,:r - /1;:•-� !,<<� ,,�'. 5PLANNINC COMMISSION (3DO' RADIUS) 0B,Z.A. (AHU'I'I'ING) APPLICANT OWNER --'-�- ASSESSOR PARCEL LIST 0 r T Fes,a 7 ... :3 3 ? -- n 1 1:�j 3 O _ Ll I 7 (o ,, T'fIQV 3 .5.3; f• J , �• �! 9. 7 0 1 -�' '-Aa (f A 41</E5 S, j� � eP e k- s m oie ,z. e 1 57- ;ZoI - a ,' C- 4� c /c G CA, f o /E /,AV ti 7L- •�f , - S f 708~ Y 4 t 1� r . ...� / � � - �o �! - o .�- Jed-�'n� f�•, 5 �� 409 � n OYc / f V. 9 a / S `7- VoV - ovf7-7� ss� ti� ? 16 3 10c. 6c �� Sf . ? Ord f A I C>Ce E' TA x v i S o•t, 0. Lsox 760v L , 4 . �i /2 d 01 12 4f 7c t,2fl eo, ,A5p -PIP .� �s �•� Ti�-� ?.�� f P 06el Y1: � Ry . Jcp9 r tv MAY ; a4� Vj Tn2 e. 4 Al c' a ,$— �r t 5 , ! N WOOD -DR- / ye- ryL er , 7o 2. *ov Ce .!'-0 J'_ wt 1 ' 1 t � 1 1 r" � r y `•�*'� �S.b�r1+r,Y+ �*'� , r -, -�, �t tl.�. .,.`:. :. � �'+7 ..... � �k'7 yw`:Awc� 7 ' . ar r �..»..��_... .. 000,40P _ _ ................._._.... ._._.,._._ __._.� 9! 9 . y C . ' -,aow— - ------ 01 Phi f� 4.9. 4. -A--I t - , r •r. Ant, r v v , • i 9 3 9 16 r= 1� � :► � " v2O t e. _ N r - �7 k IrM�.Y....1�r.M-.rM..+..r .....wa•_..... ..._._......_..w... ♦- .. ..._._..•.-.,...._._. r r//]_'r�_., ... .... _ _ _ ._.. _.._........._ ...... _.. _ .._......_ • .._.... a • aryr� I h ��1�t ,:mow ,sw •,. .. _.... .. .... .. .. .. .. ., t.� rJ - ��pR .r {� t (�Z D�•-'sue--t.••t_.. �d �J� ' a r .. • , / T r+��*j��,.+}ix ram„ ..•._ ,_1,•.... ...•_- ,...,.,.. .._.. .... ... . ...._.. . . ... .. _ .. Ttl,�� r ... R! a lwl, +ts i t�F ,i/r,tly f h.ti .-f }•,Y P :.: .,.<.. i ..�.�...,,,. 1 • • ut�ay�t t Y w' adtily L ,r _ 1 1 1y �y 1«�,�t6{t •r•'f�>-iii,VJ.r /"� .4.ar'N � ,,..awl t.• S+ 'r �1W:'y�� , J 4 � 3 - a ' S� • C1 r n y� rlwl�asZ .J..� ...__ •..• Publish. Pot tc rrd� NOTICE Of MBLIC Hi"INCB,..., 'e! " t' NC'!`tCE IS HEREBY GIVEN that a public hearing will 17 held by the CLty Coumcil of the City o tington Beach, in the Council ✓ Chamber of the Civic Center, tin ton c g Ber h, ,�t: the hour of P. N. , or a• soon ther�eaftTr as possi� le , on ; �' the day of % ul,•�r /� , 19,=, for the pu se of o cossidering �w �C, • Q?O� i -7 q y ' � , , All „lntere6ted persona are incited to attend said hearing and 'r mp their dpiaions for or reainat said " a :PWtber isfotsatice my be obtained from the Office of the 4i-y z DY iaia No Wentworth f`" ' city clerk .. 1 publtah November 8, 1979 1 i r MarICR Gf MKIC WMING ' P 79-29 CHALLENGE BY APPEAL cl 4 r' "DISCO" 7/ WTICE IS UR11Y GI that a public hearLnS will held by the City Council of the Ci of Wntington beach, n the Co% nctl Chamber of the Civic Cent , ttiniton bu h, at the hour of • • P.M. , or r"s soon tMirtafter as •sible, on Monday the 19th day of November ``r t9 J9 for the purpose of comiderirtIg an appeal by Coun 1•,challenging the appr^vat by the Board of Zoning Adjustments of Use Permit #7 -29 W ch-a l lowed the establ ishfrent of a "disco" r in the C-2 Community Business Gi trict, located at,.-the southeast corner of Magnolla Street and Garfield Avenue, air a residential amrwo. i�. , R 1 yr ro Al l i to s ted persaaw or* i nvi te4 to e t tarns said bearing and I i a their oriaiows for or Maim t sold iatenotum my bo o►tabad fTm the Office of deo City � .. «+' 2OW M 1A Str"t, Hest i"O* mach, CA. 92+648, (714) 536-5228 ITT or NMI Die SIACV alai& IL ' ajrt�y I: PYK 7 + ! ! I WWIMC INTER-DEPARTMENT COMMUNICATION i Ik ALIC1A WENTWORTH GAIL HUTTON City Clerk From City Attorney w4 I ' Subject DISCO, I�111GISOLIA/GARFIELD Date 6 movember 19?9 An appeal by the City Council, challenging the ai proval by the $ZA of Use Permit ?9..�y which allowed the establishment of a disco In the C--2 Community Business District located Southeast ccrner magnolia and Garfield near a. residential district . The reasons for said challenge are as follows : i� First,,�deteemine if the City Council has the Jurisdiction to challenge the decision of the Board of Zoning Adjustments in the matter of the aforesaid use permit , then , if required, to determine possible detriment; to the general welfare of persons . or to property arising out of the proposed use Op, 4Q) (b) The possible adverse effect upon the Master Plan of the city. 1 Y 1 e t11 41 '1t�a t t�r'i M r Y' k�t 1 � f•'� �J• CITY CW NVMIINi'iT RUACM INTER-DEPARTMENT COMMUNICATION ' iN�rrrr,pwpKN ALICIA WENTWORTH GAIL HU710N To City Clerk From City Attorney - 5uNect DISCO , MAGNOLIA/GARPIELD Date 6 November 1979 An app by the City Council challeng,j•np the approval by the B c;: Use Permit 79-29 which allowed the establishment of a disco in the C--2 Community Business r:i strict located Southeast corner Magnolia and Garfield near a residential district . The reasons for said challenge are as follows : - T Firstj determine if the City Council has the jurisdict ion to challenge the do,.i.slon of the Board of Zoning Adjustments In the matter of the aforesaid use permit , then , i f required , to deter*e•�� ri he possible detriment 'Co the Ceneral. welfare � of person or to property arising; o,it of the proposed. use 4) , r (b) The possible adverse e 'fete upon the Master Plan of tip,- r � li�}.�j 7 it. • 1 ioy& G. Belsito Page 3 • 'Ncueinber 2 , 1979 The board also addressed the zoning issue. A statement was made by the property, owners and residents that the proposal was in the middle of ••ik residential `district. It was pointed out by the Board to the residents Ehat the .zone is commercial , C2, and that it; had been a commercial zone for a number of years prior to the building of the homes in which they . Ii.v'e: . They were apprised also of the fact that the adjacent streets are . primairy highways (both Magnolia and Garfield) , and there should not be .any inner circulation of traffic from the disco through residential 4ricts. Board members were also told by some of the residents in attendance that this type of operation - a disco operation - traditionally draws the drug-oriented types . There again: it was ,yard to react as it was not substantiated. -As stated above, the Board addressed all those items that could be . `. rationally addressed - 'lie parking , the visual and noise impacts. The ._Bc)ard discussed at some length about noise; how noise can be ' controlled, City 's contract with the Country of Orange, etc. Based �n all. the discussion, the Board voted to reapprove the operation . .They (BZA) did , however, add some additional condi.ti.ons to the eirlier apFroval. One of those new conditions was that the hours of operation should be limited to 9 : 00 p.m. to 2 :00 a.m. The second condition � adaed' was that the rear door shall become an emorc�ency exit only. The `;third new condition added was that the applicant shall provide private security, number and procedures to be approved by the Police ' department. Fourth condition added was that the City shall , through -the 'County of Orange , conduct a noise investigation (alp aftul.--tlie-r , last type investigation) guaranteeing that the proposed operation Was .in compliance with condition . Said cost shall be borne by the applicant. Foregoing conditions , tied with the previous conditions .a. ipproval , was 'felt by the BZA to adecruately address those areas f concern . Subseciuent to that meetinr, , since Thursdav , this departmei'it has been more or less besieged with phone calls from the neighboring resdients, and ;I have been contacted by reporters of various newspapers asking - :for details. „ r jot r tZ" i979 1011ah Notien�be � b lwae►tcards MO"CICR OF MLIC it "INo UP 79-29 CHALLENGE BY APPEAL OF CITY COMIL WriCE IS !i UST GIVXi that a public hrarinS will be t*ld by the City Council of the City of ltmUngton leech, in the Couacil i Cha be r o f that Civic Center, Maatt"ti on Mach, at the hour of F.M. y or aoon thereof ter as pow•ible on Mond&Y the „19tth,.. Bay of November , 19 79 for the purpoosr of eat idtr l an appeal by the City Counc i 1 cha l l engi r►g the approval by the 6"rd of Zoning Adjust nts of Use Perini t 79-29 which allowed the establishment of a disco in the a 'cti~ity, Business District, located at the southeast corner of t1agnolia Street and Garfield .Avenuo near it residential district. nP a reasons for said challenge are as follows: First,, to determine if the City Coocil has the ,jurisdiction to challenge the decision of the Board of Zoning Adjusti"nts in the`mtter of the aforesaid use permit, then, if required to determine: A) The possible d^t:r ment to the general welfare of pet-sons or to property i arising -out of the proposed use,and/or; 8) . The possible adverse effect upon the Master Plan of the City. � A11 hnt.ettat l paesana are L>~irrttsrsl to ett+arsd said hsrrinG ansf +r t�ereia the aria oft for or ftainrt said appeal 9 Further As ri et too may to *ta tftd fray the Office of the City Clork0 .200t1 "Min. Street, &MtingtoA Beach, California 92648 (714) 536-6226 ,, :�- ra rer 64 �e ►4 CI'1'"ti (' NWIM@ " MWN BY: Alicia M. M%ntwfth City glares DEPT. f T• p1� 'J 1979 P. �. BuX 190 19091 �AIrDZ LANE Huniingtoll Duach, CA 92648 r: 3!oh• EA C1r, o v,,rri x,h 9, 1979 , '_� . •rr': r"AGr1T� �TRFC"''f�R iV7T IP0T7tot iACit P'r,Ammr1rG Uo IJ1: r o v .4 IS' IC .11,13 r r:;'i T 0 IT A'A C11, Lii 0PCf�? r1 rS I,F.,'TI r,?. 5rl11VE5 A a 0UR APPF'A1. TO TIDE is ro!, r. on it I., t:1iQ 'LAT rYE ?0 11 p -L rCA1,T R"'I 'S A R CI ITF. CTURE1 ' LA !; 'llij^ l7L' t(trFST rou t�'•":!.' �'E�Z '! I`1' i r0 � �r4�79 L'uTAaLI:?,It 'E:oT OF A DISCOTHECUE AT TIM A ',Li .A ", 01, ,TA . �y '�Dnr•�;rwY .:A:' O:iL' JF' T11I: AVU1 f'r o to.' Es 1 PA•T VAS NOT .'TOT IF'I1:D AT 2'11." 7 "TE OF 1 NF, F rrZS2' t RA I,':3 rN A :'C, U:T 01' .i J ?9to M.-I LA'S 1 '.7 C1.VA /1TTACH D t, J• I L FrlC FF,'I:: -•• ice. 00 r, j t PLAKKIN6 COMMERCIAL DISTRICTS S. %30 111 I 1 �11■Y�Ii�iiY/'�■111111,■11■/1■�Ii�Y�Y� 1111�■IIwWr� ■ 11�11 11�1 - 11111-� ARTICLE 943 C2 COWUNITY BUSINESS DISTRICT S. 9430 USES PERMITTED S. 9431 LIMITATIONS ON PERMITTEOUSES S. 9432 SETBACK,ENCROACHMENT,.AND QUTSIDE DISPLAY AND/OR STORAGE S. 9433 OFF-STREET PARKING .'S. 9434 YARD, REQUIREMENTS S. 9435 DEVELOPMENT STANDARDS S. 9430 Uses Permitted. The following permitted uses and regulations shall apply in , 1 e 2 Comnuni ty Business District, subject to approval of an AcW istrative Review ap lication by the Board of Zoning Adjustments. (10290 11089 11949 1549 - 1/70� S. 9430.1 All uses permitted in ti;e C1 zone, under provisions of the 'Cl Regulations. _S. 9430.Z The following retail stores shell be permitted: (1532, 1602 - 9/70) -A: , :Automobile sales agencies, with incidental repairs and service_ . Autowi bile accessory dealers B. Bakeries (not more than seven (7) employees and with all goods sold on premises) . Ble'cle sales Boat and marine supplies C. Clothing stores D. Department stores E. :;.Electrical supply shops F. Feed and fuel stores (entirely within a building devoted to retail sales) . Florist shops 'F vien food lockers (retail only) . Furniture stores N: `HanMre stores -11.• ''� I.■ let storage houses ( 1init capacity to five (5) tons) . J. Jewelry stores ! L. Ugior stores, and on sale liquor establishments `M.- Motorcycle dealers with incidental repairs and service ,Mobile trailer sales 1 fi SIN JY . . • ; , S. 9430.2 M toMERCIAL DISTRICTS pVINNIM� N: Nirrstands P.C. Paint 'stores Pet: shops , . Ph►otograo. equipment and supplies P�l;aht .nurse !es Plumbing, �lp"Iy shops Printing shops s. Supermarkets S. 9430.3 Auditoriums, meeting halls, for fraternal and service organizations. 5 943aA Business colleges and private schools. .S.. 943M The 'following services shall be permitted: (1972-4/75) A. Animal 'cl'inics (no outside kennel runs or overnigh•. c?re shall be permitted) . Animal grooming Autonoobile minor repair (refer to S^ction 9730.29) . 6. Banks Blueprinting and*photostating . Bowling alleys. billiards, poolhalls C. Cafes and restaurants Catering estsbltshments cleaning establishments, using no more than two (2) clothes' cleaning units, none of which' shall have. a rated capacity in excess oforty (40) pounds , -using'-cleaning fluid which is non-explosive and noninflammable at a temperature below ,130 degrees Fahrenheit. �. -.Electric `distribution, substations H' Health. centews and health clubs (under 2500 square feet) (2371 - 6/79) M. Mad icaI,,' and 'dental laboratories r � Movie;:+.,heatirs . Y Musit .:conservatories P. Publ'ic''garages 'S: saving and loan associations 'Skating 'rinks, ice or roller -: 530�. (1358) (Repealed - Ord. 1839 - 6/73) F 5/23/t9 1. ,L., -,i U.PSM&IN, The fullovi4 uses my be ,pcnsittsd in, this district sish-lect to approval of a use permit application by tie 30414 of towing As 111 9tionts (a) Car Wa4h. Whern gasoline sale is a signifivaut part of the mrall oparatio . the location criteria for Rasoline service station shall apply. (b) hartuarl. (e) Other retail uses and services of a siYa►tlar nature not specifically provided for my be permitted provided that such uses and services confova to the praviaime of A►rticln 943. (1549, 1602 - 9/70, 1799 - 12/729 1939 - 6/73) S.,-94 a. 1. (1549, 1602 - 9/70) (Repealed Ord. 1839 - 6/73) ��sA il. ,�8ybie„�c to C¢nditioiutl Use Pd t. The folloMi� vses M& be permitted subject to the issuance of a conditional use permit: Unclassified uwas as set forth in Article 933. (1853 - 6/73) a. W1 �ti031 On Pan=t.ed Mimes in _G2 Diftlicta. Every use permitted in a C2 district oball be subject to the following conditions and limitations: (a) Storage shall be limited to accessorf storage of cos■modities sold at ratan on premises. (b) Products made incidental to a permitted use shall be sold cmly at retail on preaital (a.) Not more than seven (7) persons may be employed in such processing and treatassat of products. The intent; of this section im to prohibit xwoufacturing in cowmsrcia� districts. (1602 - 9/70) b kXA;r9AchvMpt, pd Outside D r la and/or Sta (1395) PgMse and Intent. The purpose and intent of this Section is to establish regulations that will liadt the type, height, seed bulk of- structures and/or buildings permitted within the required front and/or exterior side bard setbacks. This Section is intended to limit the outside display. and/or storage of'rrarthsa►dise sold on premises to those items normally conducted in the oPes• . It is further intended that one or more of the following criteria shall provide standards for which structures, buildings, display and/or storage may be permitted: (a) ftration (temiporary or parmanent) (b) Landscaping to be provided (c) Method of display end/or storage (d) Amount of display and/or storage to be provided in relation to the u"s W" and location of area to be used) . (e) Guarantee of reasowal (taVerary display and/or storage) (f) Vehicular and pedestrian access (g) Visibility at drivaway intersections (h) Off-Streit parking s- ."c s ,l� d_/oz Stored. Any nag-cooiornind display and/ , or storage within the required setback shall be completely :ram vei of Asmi+ed to conform with the requirements of this Section vithio three (3) sa nthe after the tie this Section takai affect or vhea such use becomes mooreasaf naiag. As W on lade non-coafoiawLng by any requirement of this Section sha11 be snide to confam *it% this Swtion or shall be completely remavr i within one year after the time thte $rtift takso effect or wbeo sueb we �e nay-toaE4r��, -- RAIRWAnVor li.um fa t&l¢. outside diiplsy and/oar storap :of the followLag items may be permitted within or,.babind the required setback, rubjett to Administrative Review by the Board of Zoning Adjaatommts. laid Mew Wwll iawre lh t- tba dfmpiiy aid/or storage is developed in a Baer compatible with tba LiteAt of this cart els, (s) Mfrirebandise which is offered at special events such as grand openings, .business . Maniversartr sales y change of ownership or management and change of business sddiiis , . pproval is not intended to be permitted for events' such as clenrauce, sales. wwiictr "loss special sales, etc, (b) Vw rite display. (not to exceed ten (10) tires.) (t) . ; .of automobilaw, boats, trucks, cycles, trailers, campers, mobilebvra s and similar type vehicles; provided that: 1. A 1andreape plan is submitted shoving a three (3) foot wide strip of landscaping along the entire frontage. Said plan shall provide for pedestrian circulation. ' The landscaping :required herein shall be in addition to the land caging required by Article 979 and subject to the requteew nts contained therein. 2. 'All landscaping within six (6) ' feet of a public right-of-way shall be submitted to the Department of Public Works for approval, according to the I . latest -adopted landscaping standards. (1548 1/70, 2060 - 6/76) (d) .NW,, wtorited- garden equipment display, growing plants or nuraery stock, and utility filler rentals subject to the landscaping requtYesssats of Subsection (e) hereof. legal ftgbMdLs-o- outside display andf'ar storage of the following items sty be permitted behind the setback: la) dal eauipWeot '(b) Lwher ' (the height of which shall not exceed the screen wall height) (C) !rile W' fertilizer (the height of which shall not exceed this screen well. height) "(d) Masaary iteass ;(brick, cament, stone) �(s) talia and Tarn type furniture. f;,- g" .1 said display and/or storage shall be permitted provided they "-,-, behind the setback and screened from view on all sides and. rear by,a six (6) fac .t bigb siaorative wasonry wall, building or gate. The front shall be srr d f genie'wiw by the use of fencing, building, l"seaping or jay easrbinatiom ;tlNeeol, 'w sect to Administrative Review by the Board of Zoning Adjwtmsms. RECMST FOR CITY COMM ACTION r Sdbgnitted by ,Jain,gf !I- .Psl.��.�.. 0"Miment Deyelgpment Seryl2es[plan inc: ate Pr"Wed _ Noyernba 19M Backup Material Attached 0 Yes [] No skim �1zx C TiNrTT. CHALLENGE TO B08RDQr ZORING_ADJUSTMENTS ' APPROVAL ON OCTOBER 31 , 19791 OF USE PERMIT NO. 79-•29 (DISCO) City Administrator's Comrrients 5 �s i ou Discretionary with Council . 1i Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: STATEMENT OF ISSUE : Establishment of a, public discotheque located at the southeast corner „of Pagfieid Avenue and Magnolia Street in a C2 , Community Business , District . ' Subject discotheque, via a use permit application, was approved by the Board of Zoning Adjustments at its August 8 , 1979 meeting. Through a series of circumstances, the application has been "challenged" by the City Council at its November 5 , 1979 meeting. .�RkOMMENDATION: Sustain .the Board of Zoning Adjustments ' approval based on the following findings and conditions : FINDINGS : , 1 . The establishment, maintenance, and operation of the use will not be detrimental to: a. The general welfare of parsons residing or working in the vicinity; b. property and improvements in the vicinity of such use or build- ing. 2. The gkanting of a Use Permit will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal i.a consistent with the City' s General Plan of Land Use. pe a" ,Use Permit No. 79-29 Page 2 CONDITIONS OF APPROVAL: 1. The conceptual plot plan and elevations received July 23 , 1979 , shall be the approved layout. 2. Applicant shall implement all recommendations as set forth in the acoustical analysis submitted to the Board on August 8, 1979 . 3. The hours of operation shall be limited to the hours between 9 : 00 p.m. and 2:00 a .m. 4 . The rear door shall become an emergency exit only . 5. The applicant shall provide private security; number and procedure for security personnel to be approved by the Police Department. 6. The City shall, through the County of Orange, conduct a noise in- vestigation after the facility is in operation. Cost of such noise investigation shall be borne by the applicant. ANALYSTS: Section 9430 . 7 (c) of the Huntington Beach Ordinance Code requires a use permit application for uses of a similar nature not specifi- cally spelled out as permitted in the C2 Community Business District zone. It was therefore determined by the Department of Develop- ment Services that a "disco" would be a use of similar nature and that a use permit application would be the proper entitlement document to file . The Board of Zoning Adjustments at its August 8 , 1979 meeting approved Use Permit No. 79-29 , which :sllowed the establishment of a "disco" ' in the C2 community business district . Said meeting was a public hearing `or which sixteen (16) abutting property owners were notified. . Records show that there was no opposition and no representation from those abutting property owners . Building permits were subsequently issued on August 30 , 1979 after the normal ten--day appeal period to the Board ' s August 8th approval had lapsed. Early last month, it was brought to the attention of the Department of Development Services that, due to a procedural error, three (3) of the abutting property owners had not been notified of the August 8 , 1979 public hearing. After having consulted with the City Attorney' s office, the Board of Zoning Adjustments scheduled a second public hearing for the purpose of allowing those abutting property owners not previously notified an opportunity to present testimony. That second public hearing was held by the Board of Zoning Adjust- ments on October 31., 1979 . At that meeting the Board reapproved the subject use permit with additional conditions which were felt by the Board to have adequately mitigated concerns expressed by neighboring property owners. qre Permit` No. 79 '29 Page 3 In rendering its decision at both the August 8th and October 31st hear' inga , the Board members took, into consideration the types and intensity of uses that are permitted in the C2 zone. These uses are permitted by Administrative Review and therefore not subject to public hearings . .. They include, but are not limited to', the -following: liquor stores (and on-site liquor establishments) , meeting. halle ( fraternal and service organizations) , bowling alleys, billiard rooms , pool halls , cafes and restaurants, movie theaters, and skating rinks (ice or roller) . -The Board also determined that, since the proponent proposed taped music and would not provide live entertainment, an Entertainment Permit, as provided for in Chapter 5 .44 of the Huntington Beach Municipal Code, would not be required. `An appeal to the Planning Commission has been filed by an abutting property owner ; this appeal was filed on November 9 , 1979 to the Board of Zoning Adjustments ' October 31, 1979 decision. ENVIRONMENTAL STATUS: This proposal is covered by previously approved Negative ..Dec lara- tion No. 78-57 , issued for the shopping center in which subject use is located. FUNDING SOURCE : Not applicable. ALTERNATIVE' ACTION: If it is determined that the sequence of events leading to the City Council challenge has been in order, the Council may follow the recommended action and approve the request with conditions, or deny the use . SUPPORTING INFORMATION: 1. Application, dated July 27 , 1979 2. Notice of Exemption, dated July 27, 1979 3, Board_ of Zoning Adjustments minutes of August 8 Department status reports dated October 25 and November Z , 1979 5'. Request 'for legal opinion dated November 1, 1979 _6 Building permits 7 . L6tter of appeal dated November 9 , 1979 8 Article 943 .. Sound analysis Respectfully 6i bmitted, s : ha in 5 bipartment of Development Services air ��IP:CPS t dz V 1g1g CL (� its �yC oy pfRX Nov /n C�CII. CiI:F 7 S AAA ' , I • f 7S lac 92(� gv l I CP a ;-U-R '. L)? -77 --29 C-'ExQL' A �7 1 j - r� . dti ad ka..j w . 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""��iJ'••�t:'�✓ � .� , r 5 ;r 7o PETITION It has come to the attention of the residents of the • ' residential neighborhood adjoining the southeast gorner of Magnolia Avenue and Garfield Straet, in Huntington Beach, that ' a commercial establishment described as a "DISCO" is to be opened sometime in the future . The followlrq residents of this neighborhood are hereby petitioning the Huntington Beach City Council to hold an open meeting so that these citizen can voice their opposition to the establishment of this type of business in a residential neighbor- hood, (Name ) (Address) asir + �� / 1 C. � �ifrij�liw+w�ir _ ^•� !•}l_ -r_1 ��i _ . w / • nnr.•Y+YYrrr. w�/�lirlr�r�irr�lr��r+r�iYi�._ ~` irSi.��i ...�..w 1 ..,I, �� "fir f -1�..•w��rw.r+r•r" 7� t r � r � jTJ tic ikw d. .% �, .► .� /�,' i r�r� �� •��, tom. . �1 # 1 tee[r •`�,.(J ix +�tArim '. tip'. ,'rot ,. PtS t�_79_ ___ ...f r •r + 15; rt r S1 i #$** sees 1lt�lt gavol llll[t tltlit ,� r �'•' ' �' #slug ��. -�•»rr��V VMr'I.�• �I• YM�Ir,al,•„�•.r��.M ,�MM..w l . I � ll I p OW Aft ' f ' j I J1: 4V'- • JIW79 . .. 153.431-01 : 153-431 -10 153-431-19 w• . Kenneth Lamb W. Kenneth Laub Walter 0. Lamb, TR Harvey Cohen : Jams K. Dodd Stanley Yielm 44, 6 Ironwood Ave. : 9111 Hyde Park Dr. 9101 Hyde Park Dr. Seal Beach, CA 90740 Huntington Beach, CA 92646 Huntington Beach, CA 92646 153-431-02 1rl-4yi-yd �I. Kenneth Lamb : W. Kenneth LambWalter D. Lambs TR CMO s's We Souder : Wythe Be Griffin Robert P. (JT) Curry 9021 Hyde Park Dr. 9121 Hyde Park Dr. 8302 Drybank Dr. *mtington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 • •�tw••. ►/•.•••..••••.t•/t••t•t•s tt tees.••.• .• .• •t•t•t t.t•t•.••t•.•.•••••••t•••.. •• •t• ,.•••/•t••.•.••t••••..•••• 153-431-03 W. Kenneth lamb W. Kenneth Lamb, Et Al Walter D. Lamb, TR Iecil No (JT) Proulx Ellis J. Biderson Miles B. Hokuf 9031- Hyde Park Dr. 19161 Randi Lane 9081 Hyde Park Dr. Huntington Beach, CA 92646 Huntington Beach, CA 9?646 Huntington teach, CA 92646 153451-G4 W• Ko meth Laub We Kenneth Lamb Walter D. Lamb, TR RUMN A. Kaitres Anthony A. Saltikoy, Et Al Fredrick P. Kirst 9041 Hyde Park Dr. 19151 Randi Lane 9061 Hyde Park Dr. Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 31+Q5 W. Kenneth Lamb We Kenneth Lama Kenneth We Lamb Y.:-Yale 017) Hurt : Velta (MW) Corona To Yale (JT) Hurt $OSI Hyde Park Dr. : 19141 Randi Lane 9051 Hyde Park Dr. Huntington Beach, CA 92646 : Huntington Beach, CA 92646 Huntington Beach, CA 92646 1 j�• •,L ..(jam••..•••... ........ •......•. .. tF/ .. 1.. •........f.........•......1..... .. .. /....�.../.....,. 111.1..1.•• W.` Kenneth Lwb ; Walter Do Lamb, TR Walter D. Lamb, TR F4&foibk P. Kirst Velta (MW) Corona Richard A. (JT) Laitres 9061 Hyde Park Dr. : 19141 Randi Lane 9041 Hyde Park Dr. Humtington Beach, CA 92646 ; Huntington Beach, CA 92646 Huntington Beach, CA 92646 153•-431-07 : M-4i1-'�� 153-431-25 We. Kenneth Lamb ; We Kenneth lamb Walter D. Lamb Riles Be Hokuf Anthony A. Saltikoy, Et Al : Cecil M. Proulx ' 9081 L Hyde Park Dr. : 19151 Randi Lane : 9031 Hyde Park Dr. NWtington Beach, CA 92646 : Huntington Beach, CA 92645 : Huntington Beach, CA 92646 .t/•.••.••...•t••.•••...••••• •..•••• 1.• • • • • 1•.•ts.e••.••.•••.•.••••••t••••.••••t.••e•. .t.•./...t•1 . 1 •t•......ewes 1,6431-08 : 1*53-101-1? 153-431-26 We Kenneth Lamb ; Walter D. Lamb, TR : Walter D. Lamb Robert P (JT) Curry ; Wythe Be Griffin : Charles W. Souder .830x Drybank Dr. : 9121 Hyde Park Dr. : 9021 Hyde Park Dr. ' Huntington Beach. CA 92646 Huntington Reach, CA 92646 Huntington Beach, CA 92646 .t•1.1te •.•� . . . . . ..� .� . . ••t••t•1•.ett•...• .1•♦•...••tt• •.1•.•t.•••t.•...t••t••.••• /..••..1•I.1.•at 0 •. tttt/sabot ./•••spot 153-431-a9 : i3-431-18 i53-431-•21 V.: Konnotlh Laub ; Walter D• Laub, TR Kenneth W. Lamb Stanley Y-leln ; Jams K. Dodd Harvey Cohen 9101 Hyde Park Dr. : 9111 Hyde Park Dr. 4416 Ironwood Ave. '*mtington Beach, CA 92646 Huntington Beach, CA 92646 Seal Beach, CA 90740 . ..e•.•..•..•.)•••.•.•..•./t1..• .. /1/1 t•1•t•/•••••.•••1 t^ 1• . ..1•.••..►•t•.•f.•.••••..•t•1.e1/•t 1• . • t•1t••1•..wt•• . .. •1t .1 r •�••�— M , _ .mow+..• .• • 11/r�'19 1 •••••.•••.••••.•••f••r•.•.••./•••.•.•• •••1.••.11/•.••••••••/•.••••...•/.•••••••.•••f••..••.•1.*sit...f.••f..•1 f•..f••.••.••r I 1�3-432-01 / . 153-432-10 153-432- 0 W• Kenneth lamb, Et Al W. Kenneth Law' We Kenneth Lamb Paul L. Shoot Michael C. Rini James W. Crinrford 19142 Randi Lane 19182 Hickory Lane t 9122 Hyde Park Dr. Huntington Beach, CA 92646 0: Huntingtom Beach. CA 92646 v Huntington tteach, CA 92646 f .• . ..........•.........................._III•••.1•.•.••..•.••.•...I...r 1r... ...........• •..I I.f•II•I11./1.If/f••f1••,.... 153-432-11 153-432-21 W. Kenneth Laub : We Kenneth Lamb We Kenneth Lamb Byron R• Pruden ; Donald R. Childers Michael K. Ruplinger 19152 Randi Lane 19202 Hickory Lane 9112 Hyde Park Dr. Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 ��`+�i�•—�L•..••f.►.•••1•/.•••••1 ••• •••.•ifi..ilf)►a/1111/1.1•••••—Soso/f)•i••...r••••/.•••••1•.•.••.•.fr.1•••.•/./.•of•.I.f fees. 3 3 3 153-432-13 : 153-432-22 W. Kenneth Lamb We Kenneth Lamb W. Kenneth lamb Lawrence H. Lawton ; Craig M. Haak ; Fred We Johnson 19162 Randi Lane 19201 Hic*ory Lane 9102 Hyde Park Dr. 1kmtingto-.o Beach, CA 92646 : Huntington Beach, CA 92646 : Huntington Beach, CA 92646 .. .. .......... •..... ... 1..... ...:.............••4......••.f../.. •/•.•...... .:..•►•.f•.•••.1•••...fee,••••/......1..60.•1 153-432-14 : 153-432-23 M• Kenneth lamb W. Kenneth Lamb : We Kenneth Lamb Donald E. Lizotte Paul H. Fi 1 i powi cz ; Gail Simpson 9181 4yde Park Dr. : 19181 Hickory Lane ; 9092 Hyde Park Dr. Huntington Beach, CA 92646 : Huntington Beach, CA 92646 : Huntington Beach, CA 92646 153-� So 153-432-15 : 153-432-24 W/ Kenneth Lamb ; W. Kenneth Lamb 's W. Kenneth Lamb Eugene Kolinchak ; John E. Slain ; F. William Roslington 9201 Hyde Park Dr. ; 9182 Hyde Birk Dr. : 90�82 Hyde Park Dr. Huntington Beach, CA 92646 Huntington Beach, CA 92646 : Huntington Beach, CA 92646 10:40h-06 : 153-432-16 : l 53-43 -25 W/ Kenneth Lamb : We Kenneth Lamb : We Kenneth Uot Gary M/ Gil linger ; Wi 1 lard G. Holmes ; Roberto M. Nana 9211 Hyde Park Dr. : 9162 Hyde Park Dr. ; 9062 Hyde Park Dr. ntington Beach, CA 92646 ; Huntington Beach, CA 92646 : Huntington Beach, CA 92646 Hu ./.• .. .... ...•. .. ..... .. .. .. .. . . ... . • . ............ ....... ..........age*. .• ...../...•..f..0016691/•*goes of 80946960.63 1 -43 153-432-17 : i �-a32-26 W. Kenneth Lamb ; W. Kenneth L" : We Kenneth Lamb Charles F. Nelson, Et Al : Joseph K. Rodrigues :Ionia A. Ramirez 9221 Hyde Park Dr. : 9152 Hyde Park Dr. : 9052 Hyde Park Or. Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach , CA 92646 •.•• •..•.•.•. .• •. •.•• .. ...•. ......•a..••••/•14 91•••1.Hil o.. .•............ •.. .1 •• . •..•/ ••. .•••/f••0 f oil fee..••••/1.1• 153-432-b8 153-432-18 : 153-432-27 W• Kenneth Lamb : We Kenneth Lamb, Et Al : We Kenneth Lamb Richard G. Nehrbass David R. Hancock : David A. Darling 19162 Hickory lane 's 3649 Garnet #207 i 9042 Hyde Park Dr. Huntington Beach, CA 92646 : Torrance, CA 90504 : Huntington Peach, CA 92646 .0..••...•Sol....•/..1....••..I /..1 1•r/• .1•••..•1.1• • .•1.••.••...1 J•/••1►f••1••• .•. f• I .f•. • . .. 1 I 1 I 1 1 1/1*Soso.••. 153-432-09 : 1)3-a.32-19 M. Kenneth Limb, Et Al : We Kenneth Lamb ; W. Kenneth Lamb %mld S. Craig ; Raymond Di Ngnara : Are i l la T. Milford 19112 Hickory bane ; 9132 Hyde Park Dr. : 9032 Hyde Park Dr. Huntington Beach, CA 9t646 : Huntington Beach, CA 92646 : Huntington Beach, CA 92646 •.•.•I 1.f•/..♦.1 I•• •...•• ... • ..1•...f 1 f./.••1 f••1.. - ♦•1..1•1..1.•f.I•••I•• ...1►.•••. I... . •......1 r. .• . .... • DISCO% 11/7/79 -3- ' w / • . r• • • 1 • ..•r r•.• ••• • ......•r.••••..•.•.•••.•.• 0.06000 00000 .••.•••bee.••••• .woo.* • •.066.••••••1 1•1•••••..•. .. .• . .. • . . . . . .. •. . .. 153-432-29 ; 153-441-08 153-441-11 W. Kenneth Lamb : Walter 0. Lamb We Kenneth Lamb Thomas E. Meinhardt : Jerald We Bramlett William H. Camp 9022 Hyde Park Dr. 19051 Randi Lane 19121 Randi Lane Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 153-432-30 153-44149 153-441-18 . W. Kenneth Lamb Walter 0. Lamb W.' Kenneth Lamb Philip Kennedy, W�r. Michael We Templeton ; Danny M• Cassidy 9012 Hyde Park Dr. 19061 Randi Lane ? 19111 Randi Lane Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 153-441-01 153-441-10 153-441-19 Shell Oil Co. Earl A. Lamb W. Kenneth Lamb Western Tax Region Al Bentley James S. Johnson P. 0. Box 4848 31551 Camino Capistrano 19101 Randi Lane Anaheim, CA 92803 San Juan Capistrano, CA 92675 Huntington Beach, CA 92646 . .••••.••.•• .•r .♦.• •....•• .•••••..r .• ••lot 1.1/•.1 go- •••..••••••1r.0*..•. •.• .. 1.1f• •1 w. ••..r•.•...•♦..••.•••1•.•-•. , 153-441-02 153-441-11 153-��1- 0 Walter Karabian Walter D. Lamb ; Walter D. Lamb 900 Wilshire Blvd, Ste. 530 Charles T. Percevai Charles T. Perceval Los Angeles , CA►90017 19091 Randi Lane 19091 Randi Lane Huntington Beach, CA 92646 Huntington Beach, CA 92646 153-441 .03 153-441-12 153�-4�1-21 Sterence Associates : Walter 0. Lamb W. Kenneth Lamb Javid Investment Corp. : James S. Johnson Craig K. Ota 19132 Magnolia St. 19101 Randi Lane 19071 Randi Lane Huntington Beach, CA 92646 Huntington Beach, CA 92646 s Huntington Beach, CA 92646 153-441-04 153-441-13 153-441-22 Halter 0. Lamb : Walter D. Lamb : Walter D. Lamb Robert We Snyder ; Danny M. Cassidy ; Michael We Templeton 1901't Randi Lane 19111 Randi Lane 19061 Randi Lane Huntington Beach, CA 92646 : Huntington Beach, CA 92646 ; Huntington Beach, CA 92646 153-441-05 = 153-441-14 : 153-441-23 Walter 0. Lamb ' Walter 0. Lamb W. Kenneth Lamb Alfonso T, Granja ; William H. Camp :' Jerald W. Bramlett 19021 Randi Lane 19121 Randi Lane : 19051 Randi Lane Huntington Beach, CA 92646 : Huntington Beach, CA 92646 Huntington Beach, CA 92646 l 53-441..06 : 153-441-15 � - Walter D. Lamb : Walter 0. Lamb i We Kenneth Lamb Frederick J. Schumacher ; Michael B• Magruder ; Dennis Brown 19031 Randi Lane : 19131 Randi Lane : 19041 Randi Lane Huntington Beach, CA 92646 Huntington Beach, CA 92646 ; Huntington Beach, CA 92646 . •.. . • • .. • • . 1 . . •• . . .. 11•••10•4•0111110 1••04•04.•..•.•••C 1.11.1.1 "All 19 .. . .• • •1• 1.111106 153-441-07 : 153-441-16 : 1 -�� Walter 0/ Lamb : Kenneth W. iamb : W. Kenneth Lamb Dennis Brown : Michael B. Magruder ; Frederick J. 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Pull, I(W1:- 3•+ ti '4u lA 146 tall '3 aU LP L USS aWuS •x lip" !{� 11 • 6d-Zit-ES l : lz•!i9-�SL r......fl......•............. `:. �A eft/fr:.•t./...••••of.•..•.aao.t•eor aos�lls•f...•...:•.•.ro..r.....f.t....f Of of.ff.••.•f.•r.../. .. 9i9Z6 V3 '430 Wnsu pu"N 9t9Z6 V3 '430" uclbu llwm : 9OZ6 Yo '43M U0,40th"'. 'ate ula4lttM 19L6 •u13 JUJOK ZZZ6 : Nei louq !?wit , � �a�IStlO MAN 'PI PIAIG : e�ui�0 1 Ono!IV qml 41auu" •M qWl 43 auuX 'M qm1 4404"1 -M �l�z�rt••E�� 90dobt-St t �ttf-E5! .. ._0 . .•.00•1•f.If•.1orf••• ool. .••• • ••;.•looa•f•••l•l•••/.••o•.•l••••••••1••.•..•fr:fr•soa•••••rf..r;•lfl 0009f.00...-1•••.•a• ' x, t , iLl,Llll . p�SIf1 M O f 1 a ... .•a•.1.1.►••••..1••/•• •..••••••...a 101$ego•fa•aa•GfaGfaa••1a1G•1f 1•0•1 GOP 60 as GO 11 a a a l a a a a a/G a s G•a a t a f•G G a.a/aaa as/al of aa•� 153-442-25 1 153-442-34 •. R3-521-02 Kenneth W. Lamb s Kenneth W. Lamb 1vyn Gottlieb 329 5a Caeden Dr Robert Do Anderson etal peter So grimy 9182 Wi l lhelm Cir ; 9221 Heatherton Cir Beverly Hills, CA 90212 Huntington Beach, CA 92646 ; Huntington Beach, CA 92646 a►..aaaaaaa/.aa.....a.a.•.aaa/a. •.a......a•*of aal•/a goo a Soso/off a as as of a aa•a 10 G a a/• 1...ta••aa/aaaaf/aGaatf•does,of/...Gone...... a 153-442-26 : 153, 442-35 1153-521-03 Kenneth W. Lamb ; Kenneth W. Lammb fl!h7261YfM"x/x/x/xIx Richard J. Gardner : Donald (is Al�y 1 9172 Wi l lhelm Cir ; 9222 Heatherton Cir Huntington Beach, CA 92M6 ; Huntington Beach, CA 92646 •a..•1. 1. ••a...... .. . ...• .. 0. 6.0.a 00 t f 4.9 *voodoo l f r t a t a/f G a a t.a.l a/r G 0069666 a l a a a.a a a a•G 0.609.0 a a G f/a a G G/f/f l 64,6664060606 of o p.- 153-442-27 153-442-36 153-521-03 Kenneth W. Lamb ; Kenneth W. Lamb Houshang Broumand Pad1 F. Hill ; Harold R. Daniel Los Santa Monica Blvd Las Angeles, CA 90025 9162 Willhelm Circle ; 9212 Heatherton Cir Huntington Reach, CA 92646 ; Huntington Beach, CA 92646 ..I a a t a a.10 a o$a/no 0 446.46 am a.a a 64 a a •. I a a s I a a 1 a 1 a a- G t a t a a a a/1 a•a a a a 1 a a 1 t•a a a a/a•I a a a 1 .a••.GO a..•1*a a a a a a a a.•1 a a.a a G a/t f t a a a 1 t a•a 163-442-28 ; 153-442-37 Ke"th We Lamb : Kenneth We Lamb ,,:Jaws Jaws E. Scel si : Paul F. Neilson 9161 Heatherton Cir ; 9202 Beaitherton Cir NwtA,ngton Beach, CA 92646 ; Huntington Beech/ CA 92646 . •►.. •....►....•.•1•••....f• •r•.f a/1. r 1•a a•1 t/a 1 .1 1 a a a a a a G a a 1 a a..a.a a 1.a.1 ..I a n.•.1 •a a 1.a a a a a a 1 a a f 1.a a.a a a•a a.a f 1 16 1 a a t o a/a 1 a a 153-442-29 : 153-442-38 Ke► oIIth We Lamb : Kenneth We Lamb ifi 1-1 iam O'Connell : Paula M/ F1 uegge 9171 katherton Cir : 9192 Heatherton Cir Huntington Beach, CA 92646 : Huntington Beach, CA 92646 .. •• 1►,•.•1 .•1•.• 1••1•.•a►r•••a- a/a 1.. •.•1040a00010 Ia Gotten$Ghee•of/a. aaa*$ at tal•a aaa la aa1G11a 1a 1faf•/•eta of ttlaa as tolfl afl•a .� a • I 153-442-30 : 153-442-39 f Kenneth We. Lud) : Kenneth We Lamb j John C. Bollinger : Thomas .F. Whalen 9181`,Heatherton Cir ; 9182 Heatherton Cir "Motinston Beach, CA 92646 : Huntington Beach, CA 92646 :... ,.:...,.... 1.1... .... ... a1..... ..•1.. 1...a a a a a l fa.a t a/.aaalaaaa as la l 600a4.0 as 6000ala/fa96991a/11 at a...a 11-1 G/to 11a o1 eat«/stela. .'153-442-31 : 153-442-40 K&neth W. Lamb, etal Vor : Kenneth We LambPeter L. Stoddard Gary R. Di ttmer :9172 Heatherton Cir viol. Heatherton Circle ;Huntington Beach, CA 92646 "tington Beach, CA 9264 . •..... •.. ....••. ..1 •. •a1r••►a•►•.•a••a•a..aaa•..•..aaaaal.•a.•a1Gate•►a.afl..aa•1aafla•11a.aa1 as 1a1 a11a1a11• a111/1a/tIf11/1. a a 153-442-32 0153-442-41 :'I th W. Lamb :Kenneth We lauab, etal Grore A. Stetz :d/or Eric 0. Doane, etal �W Ala lea Ave :9162 Heatherton Cir Satellite beach, Florida 32937 .Huntington Beach, CA 92646 .... 1........... ..... ../...... ../....a.a..,f 1......t...1..1........too a•1 a a a•t a•a a 1 a a a a 1 1 a 1 a . . , , . •. 1 a a a 1 a 1 a,1 163=442-33 :153-521-01 14iwth Me Ladb :Joseph Leo Hot tx Jr. D1 ` E. Bridges :Mobil 0tl Corporation -fax Dept 9211 ,11eatherton Cir 612 S. Floaer Street "tington Mach, CA 92646 :Los Angeles, CA 90054 ....�.Ial/...Iaa1.....1111a1•i .. .al as On at It/tt/f/al It of 11a 1• . aa Ito as I l0/a0/a 1 a l t a a/a a if 1 a a a/aaf .. ..11.1 G/I G I I a a 11. .. • .;1 46S-44240 41153y 1- ; th �Selvyn t iab S. 8 :329 So C i towr it ;Ieverly H ls, 212 AN4 t0gI Mach, Cat : D,f;cq ,Ile ' � g9 h , • 157-tdl-tt 151-204-07 ; 157-464�►21 'Charlei J. Ftnne•gan Allen Messing : John Sweetland 9M Orialt Ave 18963 Acacia St 18976 14ount Desaeter Circle Fountain Valley, CA 92708 Fountain Valley, CA 92708 : Fountain Palley, CA 92706 157-201-19 157-204-00 157-464-22 Robert J. Bresnahan z Allen Mess Forrest A. Wolfe, Jr. 919r2 Oriole Avewwt 18963 Acacia Sty. 16988 Mount Oebweter C i rc 1 e Fountain Valley, CA 92709 Fountain Valley, CA 92706 Fountain Valley, CA 92706 ...:..........................too.........•..............................,....•.....1....,.......•..•....................... •. . 2Q4 09 : 157-464-23 157-2014,20 . 157- - • Cmrles S. Oiercksearier Jr. Donald H. Patterson ; Gulf Oil Corp of CA 17471 ftach Blvd 18985 Acacia Street ; Domestic Tax Dept Huntington Beach, CA 92647 Fountain Valley, CA 92708 P.O. box 54064-1ermina1 Annex Los Angeles , CA 90054 157-Zdl-Z1 : 157-464-32s E. E.' Quick ; Jim T. Jmg 9168 Oriole ; 3209 Singingwood Drive Foimtain Valley, CA 92106 Torrance, CA 90505 t • .157-203-15 157-464-33 David L. Patterson ; Jim T. Je ong 18%1 Walnut Street : 3209 Singingw od Drive Fountain Volley, CA 92708 Torrance, CA W605 . 157-203-16 157-213-18 W. Bryan Henni ton ; M. D. Imperial #1 9770 La tapati 11 s Ci r ; 1633-26th Street fountain Valley, Ca 92708 : Santa Monica , CA 90404 •v.- . ... ••.•• • •• 1. .. .. •r.• •.•..•• .....w..0008•.•...•...r••♦...•.•. •...1......• ..•..4,008 1•1 ...•/•.969669660••...•.....1• • • 167-203-17 : 157-213-19 . Joan P. Stadelmarm ; Burtis Corp 1M0 Acacia Street tNINXBXXXIMAXXXX Fountain Valley, CA 92708 : Property Tax Division • p • . l51'-2�1�06 157-213-19 Jaffrey R. Stone ; 8urtis Corp-Union Oil of CA 18939 Acacia Street ; Property Tax Div Fountain Valley, CA 92708 : P.D. Box 76M Los Angeles, CA 90054 157-204-06 157-46y• art E, Cheerwk ; Hector .4. Porti i to 10951 Acacia St. 18M Mount Ownter Circle mown to in Valley, CA 9?7 08 s Fountain Valley, CA 92708 1 •�t•rvi1..•.•••.••••.•.1•r .. .. .•••••.•..i..•1.•..•.1 •. ...•.....•••1.`•1 . •. I.1 . .• I.r .. Id , • ..r.1.r.• .. .. .. r1 I • 40 Law Offkes of lei MARK S. SILVER . 444 West Tenth Street, Suite 200 S"-/ HUNTINGTON BEACH Santa Ana. California 92701 /tj,, I DEVELOPMENT SERVICES 17141 836-3555 do OCT 15 04 October 12 , 1984 P.O. Box 190 Huntington Beach, CA 92648 The City of Huntington Beach Dear City Council : This City Council is meeting to discuss pulling :;Garfie1:& Nite Spot's CUP as the direct result of the action of one 'res'i`dent of Huntington Beach, Craig Watson. Mr. Watson has been a constant complainer for several months now, and although I have spoken to hirn and offered any o[ all assistance in rectifying the existing problems, Mr. Watson chose instead this course of action. On September 18 , 1984 , the Planning Commission met and heard a report prepared by Mike Strange of the planning staff. Based upon that report, the Planning Commission apparently wrote a letter to the City Council requesting the issue of the CUP for Garfields be considered by the City Council . The report presented by Mike Strange at that meeting is probably also going to be presented at the City Council meeting on October 15. The report is lopsided , biased and unfair to Garfields in many respects. Although Mr . Strange is quick to paint out the problem that has arisen near Garfields since its opening , he has failed to compare this with the same period of time for last year and has also failed to ascertain whether any of the proffered violations were related in fact to any conduct by Garfields. I appeared at the September 18 meeting and requested to be heard by the Commission, but they rejected my request. I requested a copy of the document and report submitted to them , which they agreed to provide , and I have yet to receive. it -is my understanding that the basis for the October 15 hearing is to determine whether or not a public hearing should be held for the purpose of reconsidering the CUP for Garfields. The basis for the reconsideration is a misrepresentation in the initial application and for nuisance . The misrepresentation claim is totally without merit and based upon the statement submitted in the narrative by Garfields that Garfields was attempting to attract a crowd in the 39 to 45 age bracket. This was 'miscontrued by the Commission Staff, and in ehe report they stated that 'Garfields was only looking For a crowd of 30 to 45 people. I was appraised of that statement and the report prior to its submission and contacted mike Strange. 'Mr. Strange has admitted speaking to either myself or Burk Deyno.1s , president of Garfields, wherein he was informed that the 38 . tcL 45 figure was erroneous and the correct figure was in -excess of 409. In addition Mr . Strange recalls informing Mr . The. City of Nunti ng ton Bach October 128 1984 Pig e 2 Adams that : the figure was incorrect and to properly resent to the .City. Counci 1. 1 believe that the Minuter, and t: ped recording 'f of the City Council meeting will clearly ,show that the City Council was fully apprised of .the occupancy loaded requested and they granted the CUES, based upon the appropriate occupancy. Thereforef the mispresentation aspect is an improper ground for reconsideration. The only other remaining issue is the nuisance. Assistant Cfty Attorney Tee] Endres has written a letter to Garffelds informing them that they may be liable for violation of City Ordinances prohibiting certain types of nuisances. At 'imy request a meeting was held on October 3 between Mr. Endres, myself, like strange, a representative of the Fire Department, a representative of August Management i the landlord) and Mr. Watgon. The City was informed at that time that due ' to a recip total easement, a temporary injunction has been granted against the landlord prohibiting the blocking of ingress and egress to and through Garfields Plaza: on behalf of Garfields , I offered , in:.conjuction with August Management, to block off. the fire lane behind , Garfields and all the stores adjoining thereto. The Piro Department . agreed to allow. this blockage if done pursuant to . their rules and regulations with chains. Ir ldition, Gar- fields offered to place valet parking in . the area proximate to Mr . Watson's home and to block off , by private security, the exit road 'directly in front of Mr. Watson's home prior to clo- ? aing. . rt is antic ipatgd that this will greatly reduce the traf- fic in ;front of the "problem" area. in addition, the landlord has offered to place speed bumps throughout the parking lot, once appto;ved by the Cfty. r am awaiting word from the Assistant City AttoIrney regarding the coordination of this effort. it ilas come to my attention that Individuals have been drinking beer in the Garfield Plaza parking lot. None of the alcohol consumed there comes from Garfields. As you are aware, it . is • illegal - to consume alcoholic beverages in a public parking lot, but .to date,, I am not aware of any arrests made by the Huntington ,. . • . ,.Reach Police - for those violations. rn the past, Gist fields has ; had problems getting the Huntington Beach police to come ' to the alto when - problem arose. In addition, the police refused 'on several' occasions to assist in making citizen' s arrests. T .' believe 'that that Iatar aspect . has been cleared up and is not t longer _a . problem. . 'However, Garfields has been informad' on several occasions that it is a tow priority rttatter and 'the.,•pol.ice Trout d come when O va i l able. . The City of Huntington ae..::h October 12 , 1984 Page 3 Garfields has attempted to work with its neighbors, its landlord and the City to rectify any and all potential problems that have existed. it would be a gieat help if the police department : reacts more quicklyto calls for assistance at Garfields and pattols the lot for the illegal consumption of alcohol . The nuisance issue is where it properly belongs, before the City Attorney for resolution. Direction from the City Council to facilitate the changes set forth above, would be helpful in this area, but putting a matter to a public hearing will not resolve the problem. It will merely create bicger and potentially more damaging ones to all parties concerned. ruly our J i i a S . Si ver Attorney at Law MSS/sk i• CITY OF HUN�TINGTON BEACH 4� INTER•DEPARTMENT COMMUNICATION 1 To rMLE IV. ROBITAILLI: From JIhI )`1CX)RIi f Chief: of Police Crime Anolyst Subject CALLS AT codn'-II:1,1)'S Date 0C.TO ER 12, 198-1 Since Janu,�r}� 1 , 198� , Report ii�I; District ►125 cxl�ericncetl a tot;il of 13 calls for service in the vicinity of Magnolia and Garfield through May 31, 1984 . This represents an average of 2.60 calls • per month for that area. The month of June began an increase in calls for service through August. With-eight calls in that area during June, this represented a '408 percent increase over the average of the Previous months in 1984. Calls during Jbly and August again show even further activity, experiencing 13 anti 17 calls for service, respectively. This equals 362 percent increase in ,July,. and 554 percent in August over ' the monthly average for January through May. Of these 38 calls in JLme through August, all but one were either at Garifeld's or in the parking lot. Those types of calls occurring most frequently were "drunk in Public" and "disturbing the peace." • > September, however, reversed this trend with eight calls for service , the same level as June. AI though still twice the average for the first five, months of the year, clue to the decrease in calls experienced in , Soptemltier, further research would be. recotwended to determine a walk" trend. It has been brought to my attention that in the month 'of September, the concerns of all pnrt:ies were elevated, with the: presence of sound study technicians and problem evaluations. This, coupled with possible seasonal effects , could account for the decline in thi. JM/Cal cc: Councilva ;i , Fig. Ms. Jeri Chenelli: 1. it eJ� CI"I.V OF HUNTINGT N WEACK - INTER-DEPARTMENT COMMUNICATION MUMTw4T�511 MKN ' To HONORABLE MAYOR JACK KELLY AND From GAIL HU?ZON MEMBERS OF THE CITY COUNCIL CityAttorney 1 Y Subject NOISE VIOLATIONS; Date October 15 , 1984 GARFIELD ' S . NIGHT SPOT AGENDA ITEM H-1; City Council Meeting 10/15/84 The ' proprietor of Garfield ' s Nite Spot and his landlord have agreed to the following steps in order to reduce the noise level at the subject location: 1 ) Installation of speed bumps in the parking • lot by the landlord . 2 ) Initiation of valet parking by the proprietor ; and 3 ) Installation of chains by the ,landlord to keep traffic from going behind the shopping canter businesses during the hours of 9 :00 p.m. to 2 :00 a.m . each night . On October 15, 1984, an attorney for the landlord informed our office that he had obtained the necessary consent from an adjacent property owner who has a claim of right to. unobstructed access -to the entire parking lot area . GAIN HUTTON City Attorney cc : Charles Thompson, City Administrator James Palin , Director, Development Services Mike 8trenge, Assistant Planner ti Ted Endres , Deputy C=ty Attorney Mr. 'Crbig Watson Ohl% f,Zr3 _�! H CITY OF HUNTINGTON GEACH INTER-DEPARTMENT COMMUNICATION • NU►`II/r'GTDk�( C" .7 '-�1 � ICr c..'�J- /�•� HONORABLE MAYOR JACK KELLY ANU From GAIL HUTTUN To MEMBERS OF THE CITY COUNCIL City Attorney Subject GARFIELD ' S DISCO -- CUP E33-35 Date 30 November 1984 Agenda Item D-2g , December 3 , 1984 I This item is agendized for a show cause hearing on whether Garf-ield ' s Conditional Use Permit should be revoked . We have been asked to render an opinion on the applicable legal issues and liabilities. The primary issue Is whether the facts currently be.-ore the council justify revocation of the CUP . The city ' s ordinance permits revocation for failure to abide by the conditions attached to the permit (Huntington Beach Ordinance Code Section 9845) . Under the general law, uses of property may be enjoined if they constitute a public nuisance (Civic Code Section 751) . As to revocation, it may be difficult to establish 3 violation of the CUP conditions . There does not appear to be a factual basis demonstrating a violation . However , it may be more feasible to find a factual basis for a public nuisance . if so, the counci' can direct the City Attorney to bring a civil action to injoin or abitte the nuisance (Code of Civil Procedure beetion 731) . public hearing is necessary in order to authorize the fg of a nuisance law suit. The Civil Code defines a "'nuisance" as : j "Anything which is injurious to heath , or is indecent or offensive to they senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjuyment of life or property, or unlawfully obstructs the free passage or use , in the customary manner , of any navigable lake , or river , bay, stream, cans]. , or basin, or any public park , square , street, or highway is a nuisance . " (Civil Code 53479) . Memorandum to Honorable Mayor Kelly and 30 November 1984 GARFIELD' S DISCO -- CUP 83-35 Page two Agenda Item d-2g , December 31 1984 "A public nuisance is one which affects at the same time an entire community or neighborhood , or any considerable number of persons , although the , extent of the annoyance or damage inflicted upon i individuals may be unequal . " (Civil Code 53480) . ,7 If the court finds that a public nuisance exists, it will order appropriate injunctive and other remedial relief . As . to the liability , there is no significant liability in a nuisance proceeding since we will not act without a court order. In a proceeding to revoke a CUP, there is not likely to: be any liability under state lar:s , since there are specific immunities for permit revocation . (CEB, California Zonin Practice, S7 . 73) . However , there might be signi scant Ifabllity - for damages and attorneys fees under Federal civil rights -law: , is it is determined that the City wrongfully took away a property right or denied due process of law. On . balance , ' if indeed a public nuisance exists, an abatement action would be the safer and more effective course . GAIL MUTTON City Attorney cc: Charles W. Thompson, City Administrator i s . . James W. Palin, Director of Development Services Earle Robitaille, Chief of Police S'. r Moog ' �• CITY' OF HUNTINlG'TON BEACH INTER-DEPARTMENT COMMUNICATION HONORABLE MAYOR JACK KELLY AND GAIL 11UTT0I3 1 MEMBERS OF THE CITY COUNCIL City Attorney 41 To flf �•� Frorn 1ILD 'S NITS SPOT 3 December 3 984 : SuLject Agenda Item D-2a Gate VW1C� a -N J,"! t z r s,t,�f ,�,� Vic,, S� � �� S 11� � � 7 L•� � ou � • "T �l l' 1 0"� `^ JCS (,(/�c I, S{1' ,�3�JJ� Lt1I LL 1 N c•.. (�i+ft�► ,%�u� [ nj .6+{ .Since our memorandum o1 �� •r bKe -"'- �, o em er �94 , 1964 , advisingt --� K6 council that a nuisance action would be a preferable remedy to a revocation of Garfield ' s CUP, I have been informed by ,t9A attorney Tom Wells , representing the owner of Garfield ' s �� P6 Shopping Ceater , that the legal documents necessary to I ��/"' produce speed bumps and chains are being processed , and all I mitigating measures will he in place no later than two weeks from this date. There already are valet parking and D security. 9 i'%1 a S Since we are unaware of an specific vic•ilations of th Y s P e CUP 44 conditions ( sre agenda item L-2a. 11 a list of the conditions) , there is no reason to hold ? public hearing on , CO' t{6 permit revocation. LJThe recommendation in the packet is to revoke the CUP. As p �/LIf noted, however , the more appropriate action is to bring a idol nuisance action to abate the conditions that constitute the nuisance. Of course , there must be evidence to support a nuisance action , and the city has the burden of proving by a preponderance of the evidence that one exists . The evidence should include statements of a considerable number of persons who have been harmed by the activities , with information as to specific dates , times, and circumstances . This evidence could be obtained by testimony before the City Council , by written declarations, or both. The Council can entertain testimony, if it wishes , at a hearing . Alternatively , the Council can direct the staff to investigate and obtain written declarations f:.om the complainants and other persons with personal knowledge of circumstances and direct the City Attorney to bring a civil action to abate the nuisance. The written declarations,' under penalty ,of perjury, will then be filed in cot,irt to support an application for injunctive relief . Honorable Mayor Jack Kelly and Members of the City Council { Garfield ' s Hite Spot '• December 3 , 1984 , Page Two • i It may be that the mitigating measures will resolve the 2P p e n place a. problem. If the speed bumps and chains are i la e ' n two P weeks, along wifih the valet parking, Council may wish to defer further action . RgCOMMENDAT73N: A motion to accomplish this is : Motion to direct the City Attorney to file a civil action to abate the public nuisance emanating from the real property at the southeast corner of Garfield and Magnolia and related to the operation of Garfield ' s .Nite Spot , unless the following mitigating measures are in place within two weeks: 1. Speed bumps in the driveways and parking areas . 2 . Chains to prevent vehicular traffic in the areas behind the center from ` 9 p.m. to 3 a.m. 3 . Valet parking at Garfield ' s NiLe Spot. �j 640 . ... x 'r GAIL 'HUTTONr City. Attorney Attadhment:' 12/3/84 Wells/Hutton Letter ;� ; ccr Charls�` hT. Thompson, city; Adw.iniRtratar James W: Pali ' D'n irec�tor -ts!` Dw o al me v nt Set r 1Cea• P .. Bair le Ratiitaille, Che:t of holiCe �z THOMAS WELLS •04CJ9..ag WELL% � i•rC g11.1 rJ OA,:. .... .0» ':i J� Cr.'Clt " ,i C ,•TT, .r .; ratsilC;a w, rwllr. rat) 14CV�i`C117 N.A!:}i. CAUtUlf:41A VC110 1 December 3 , 1984 i GALL HUTTON, City Attorney City of Huntington Beach 2000 Main Street Huntington Beach , CA 92649 RE : Shopping Center at Gariield and Magnolia Dear Ms . Hutton: This letter will confirm our telephone conversation of. December 3 , 1984 at which time we discussed the above--referenced property. As I informed you , my client Augu,t Management , Inc. , is under court injunction to do nothing to restrict the flow of traffic in or about the subject property . That in j unct ion was voluntarily stipulated to by my client as pant of an attempt to resolve a dispute between my client and an adjoining property owner over the use cf shopping center parking lot for the sale of Christmas trees . The injunction was not intended to prohibit my clients from restricting traffic to the rear of the shopping center building. That fact is not clear however , when reviewing the language of the court order . I have obtained the agreement Erom counsel For the adjoining property owner that this understanding is correct and that he would not consider the installation of chains or speed humps to the rear of the shopping center building to be a violation of that court order. Accordingly, my client has agreed to , anti stars intend to install a chain across the rear of the shopping center building at each of. its ends . The chain wil 1 be connected restricting traffic between the hours of 9 :00 F.m. and 3 : 00 a .m. on days the Grrfield Nite Spot is open for business . That inastallation ;s scheduled to be completed no later than December 10 , 1984 , e r I GAIL HUTTON, City Attorney City of Huntington Beach December 3 , 1984 Page Two It is presently my clients intention to install two "speed humps" in the same general area behind the shopping center building. Those speed bumps should be installed no later than December 17 , 1984. Ms.. Hutton, as I indicated In our telephone conversation , please accept my sincere apologies for the delay that has existed in securing this action on behalf of the landowner . I assure that it has always been their intention as 4ell as the tenantsyou to take Whatever type of remedial action necessary to reduce if not eliminate the complaints concerning noise by the adjoining neigl borhood property owners . This delay has been brought about by the unforeseeable consegences of the stipulated injunction entered into almost two years ago and the undersigns ability or lack thereof to promptly process the paperwork. On behalf of my client I would respectfully P lly request that no action be taken by the City of Huntington Beach at this time. Hopefully the chains and speed bumps will solve the problem with6nt further intervention by the City. Thank you for cooperation . Very truly yours , THOMAS WELLS , A LAW CORPORATION THOMAS WELLS TW: Im 3/7/1ml l-84 r