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Home My WebLink AboutUse permit 84-1 - Atlantic Richfield Company - To modify an �...• � 1111 i� 1985 Prc�ser:-e Our Park: Organizers , 1-lip 697 Rio Vista Drive '� OF 1AUJiTINGTON B"rAW Huntington Boach , CA 52674 CITY Fc'ar•uary 28, 1985 CITY a ounclL oFFic� City Planning Commission , City Manager , Mayor , City Council 2000 Main 3traet Huntington Beach , CA 92648 Dear City Personnel : The Preserve Our Park nrgani--ers were sorely disappointed in the city 's actions or lack of actions in regard to the fact that the Arco station at 175G2 Goldenwest Street in Huntington Beach is now selling alcoholic beve.-agas. It is disappointing that we have to maintain a "vigilante" type watch wi,ien we had hoped our best interests were entrusted to the sa-Fe keeping of our city servants. We feel that our trust has been violated. It almost appears that the city was complacent or helpful in allowing 11r . Jirr Anderson to enchieve a similar intent to his original objec'Live. Althnugh the AM/PM Mini-Market Conditional { Use Permit was denied , he now has a "snack bar" that sells. alcoholic_ beverages. 1 All this took place in spite of the fact that the city was well aware of the citizens ' protest against the se' ing of alcoholic beverages adjacent to Cr;.tral Park. The petition we circulated that was signed by 21027 Huntington Beach residents over the age of I8 during a five day period clearly stated , "4;e OPPOSE the issuance of a license by the Alcoholic Beverage Control Department to permit sales of beer and wine at thai: location. " Also, "WE DO NOT WANT ADDITIONAL COMMERCIAL DEVELOPMENT IN THAT AREA ! " You 112t us down. We would like to snow how this happened. We were told that Mr. Anderson would have to get ' "an entitlement " in order to put in a "snack bar' selling alcoholic beverages. However , when questioned this pdst N:eek; r_f ty perrionhal could not find such a document in the files. One of our neighbors, Mr. Dick Churchill, ha3 faith-fully visited or called City Hall every weak since the City. Council „iloti nq In May when the Cordi ti onal Use Permit was denied. His pvrposm was to be Laware of any appl i tmti on for such aln entitlement. He feels that he was lied to. 4 Bassi des w�anti ng to know where the missing entitlement is., we would also 1 i ke to {;now where in the City Charters a "anac k shop" vo-P.. 1 ;N THE Superior Court orTttt: ,f STATE OF CALIF ORS CIA f,a/�(,� • In and for thr County of Ot. .go anwiffignow I".- , M 6 V 6, CITY OF HUNTINGTON BEACIIr CITY CLERK ' PROOF OF PULL ION Public Hearing 84-1 State of Cw!ifornia County of Orange RITA J. MCHTER That I am and at all time.'herein mentioned was a citizen of the United Stater,aver the ag:: of twenty-one ytars,and that I am not a party to,nor interezted in the above en0led matter; thst.I am the principal clerk of the printer of the ' H'JNTINGTON BEACh IND. REVIEW a newspaper of genirm circulation,published in the City of ' 's.►�'; = HUNTINGTON BEACH RZv County of Orange and which newspaper is published fc..• the f :dIntelligenceof nc al chat-c- -',•." diaeminatfon o lurid news�: a general ; ter, and which rr .wspaper at all times herein mentioned ' :r rnd still has a bona 9de subscription list of paying subscribe". and which newsp-,,er has bz-rn established, print•.d and pub- S 1:- Ifrh.d at regular i3eevals In tee said County of Orange fora period ex.eeding one year; that the notice, of which the imnmd Is a printed copy.has been published in the regular . and entire Issue of aairl newspaper, and not in any oupplement thereof,on the iollowinr dates,to wit: April 26v 1984 1 eertify(or declare) under penalty of perjury that the fureg'o- 0 ins In true and correct. Datadat .. GARDEN, GROVE.. ....... orni�this 2;1hday�,p ri I 84 1:3 ... .....19........ r �r, n . _ le: jr Rita J. Richter ... ,' Sigoatute .r form No.POP 92+Dll, " N CITY OF HUNTINGTON BE-AfmoH 20M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITX CLERK May 23, 11084 Atlantic Richfield Cu. IJO W. Glencako Blvd. GleMale, CA 91202 Attns E. L. Kell The City Council of tho City of Huntington Beach at its ra(jular meting held Monday, May 219 1984, denied your appeal to the denial by the Planning Commieeion of Conditional Use Permit 84-1. 117his is a Final decision. You are hereby notified that pursuant to proVibions of Section 1094.6 of the Code of Civil Procedure of the State of California, you have ninety days from May z�z ,.�984 to apply to t1%e courts for judicial review." 04 Alicia` M. Wentworth City Clark AMh1:C8:j a I ces Atlantic Richfield P. 0. Box 4915; Canyon Lake, CA 92180 i Attn: E. L. Kell City.,',ktocrtey, Giii.l Hutton Dovelt powt Services Director, Ja ee Palm ? .� ! C1'f`IIr OF h1UNTIPAGUM BlVACN E � INTER-DEPARTMENT COMMUNICATION rtAVfp'r tm stACM 40 To Charles W. Thompson James 11. Palin , Director City Administra::cr Development Services Subject AM/PM CONVENIENCE MARKETS Date May 15, 1984 At the May 7 City Council meeting two issues were discussed for which there was no information available at the time . Therefore , thL- Council continued Conditional Use Permit 84-1 to the May 21 meeting and requested that n taff research two items : 1. Had the City conditioned the approval for the convenience market located at the southwest corner of Heil and Goldenwest for a six-month review after opening , and 2 . What were the specific complaints filed with the City on the opera- tion of said rauility . The staff has informed me that they have conducted a thorough research into the conditional use permit application for the facility (No . 82-26) at Heil -and Goldenwest a;; well as listening 'to the tape of the proceedings of the Council meeting at which it was approved to ascertain if there was a requirement for the six-month review period . The research has indicated that there was no condition requiring that review, contrary to what the Council had been told by Arco' s representative at the May 7 meeting. <� As to the issue of complaints , we have conducted a thorough .research of the record and have Found that a written inquiry was made to the City in mid-year 1983 on restricting the sale of alcoholic beverages by these a.m./p.m. marketb within the City . Although the inquiry was not site-- specific to Heil and Goldenwest , the concerns were expressed for this type of facility and specifically addressed these types of markets within the community at large (see attached communication from Development Services dated July 19 , 1983) . The Police Department staff also - indi- cated that their records do not show that any complaints have been filed at this location, other than by the manager for children caught shoplift- ing and that a number of bad checks had been written by some of the customers . My staff has assured me that there was also a complaint from a res3ident • filed on the facility located at Heil cnd Bolsa Chica . Our resoarch did not 'divulge tiny written complaint form; however , the staff did make an.. investigation which was recorded in our daily log to correct„ the lighting problem which had been the subject of the complaint, There was . Also -one additional inquiry made to the City on the possibility. of modlfyin.g the hours of operation to prohibit early morning operations. , at these types of market, but we have not been able to 'discover 'any writte' n 'documentation on this . Ai4nefit -from this research is that it has uncovered a 'reaming need tv�thin the dapa'rtment to amend oar Procedure and rnethodolog for ' g . t x 1 l j t• i Itl AM/PM Convenience Markets . , M�.y' 15� 15 8 4 • . page 2 logging written documentation for inquiries and complaints coming through the department. We have begun analysis to develop a procedure a for faster retriev,�►1 of information on complaints and responses from our staff. I hope this information is sufficient for the Council ' s use pursuant to their request. Should there be a need for additional research and/or further inquiries from the Council we will be more than happy to cooperate. JWP:df AttacI merts: 1. July 19, 1983 letter 2. City Council minutes 12--6-82 regarding C.U . P . 82-26 . . 1 44.1 1, h • r r f i�1 J'! ''R 2 ! �:! . 'i, 1 1 1•,: 1 r .. ,.• ' 'i_•,,e.�YcsrW.L{' -l�+W . ..r. l*t . -. if:._.!... ,.1:r-t ..}r,. . . ... • , a .. 1. ........, :? . . ..1-_ —,:,i,,,.., r .. ... ._ - • H4, CITV OF HUNTINGTON BKAGH INTER-DEPARTMENT COMMUNICATION J . W. Palin, Director To C. V1. Thompson From Deparfin,2nt of Development Services City Administration Subject RESTRICTION OF BEER AND WINE Dale July 19, 1983 SALES AT AM/PM r1AREETS " On July 5 , 1983 the City Council received correspondence from Wanda L. Rogers regarding the sale of beer avid wine at AM/PM markets witb- in the City. As stated in her letter, Mrs . Rogers felt that the idea of selling liquor at a gasoline station is absurd and that aociety i3 hypocritical by toughening the drunk driving laws and then turn around and grant a license to sell 'iquoi to a gasoline station. Mrs . Roa_ ers indicated that many City ' s are adopting ordinances pro- venting- the sale of alcoholic beverages at gasoline stations and dairies . Mrs. Rogers hopes that the City of Huntington Beach will follow suit immediately. Convenience markets combined with gasoline sales are currently per- mitted within any zoning district subject to the approval of a Con- ditional Use Permit Application before the Planning Commission . The convenience market in conjunction with gasoline sales must comply with development criteria ::ntained within the Ordinance Code , as well as any additionai conditions of approval the Planning Commission may deem appropriate. For example, the Planning Cc_nmission may re- + quire additional onsite parking spaces , limit the hours of operation of the facility or request the developer to add additional clitside lighting for security purposes. The sale of alcoholic bevarages -t convenience markets can be control-- led by two different methods . The i:irst method would be to adopt an ordinance prohibiting the sale of alcoholic beverages at convenience markets combined with gasoline sales . The second method available to the City Council would be to develop locational criteria allowing al- cohol sales at predetermined locations. The predetermined locations would be based on the locational criteria developed by Staff. In developing the locational criteria , the City may want to c::nsider the following factors: Location to residences , schools and churches , and distance between proposed convenience markets combined with gasoline sales . .1n analyzing Mrs. Rogers concern. , , the Staff contacted seven Orange County Cities to determine what z:�ethads the Cities were currently utilizing to mitigate potential problems From -the sale of beer and Nine at convenience markets combined with gasoline Hales . The seven Cities -contacted during the telephone survey included Fountain Valley, lo. City Council July 19 , 1983 RVSTRICTION OF BEER AND WINE 2 SALES AT ANj,/PM MARKETS Westminster, Costa Mesa, Garden Grove, Santa Ana , Tustin, and Stanton. . Five of the seven Cities contacted do permit alcohol sales within con- venience markets . These cities i ie s indicated that the Conditional Use could be conditioned to prohibit the sale of alco- holic-Permit Application c P . holic beverages, however none of the five cities has done so to slate. The City of Westminster -Indicated that a moratorium is currently in effect prohibiting the conversion of nac^tine statii,ns into conven- ience markets combined with gasnlir.c sales due to recent prbblems with the sale of 1:Aer and wine . The City of Westminster indicated that a shortage of parking and on-.site consumption of alcohol were the two primary reasons for placing the r^ratorium on convenience markets com- bined with gasoline sales . The city of Yountain Valley indicated that they currently do not permit convenience markets combined with gasoline :ales . JWP :MS:sr Attachments : - 1 . Letter from Wanda L. Rogers received and dated July 5 , 1983 . 2 . Letter from Wanda L. Rogers to State Dept. of Alcoholic Beverage Control dated June 30 , 1983 . 1. y EK,M t�i•G;(Tr p},�'� �T,�S[F � ' '1 ,• r ,. 1 .r r � Yid y�. /,1 r 4~,' _ . * y� r•rV..,lf h'fr 5; '! rS r` ( . ' . .,r r r t ,�, r� a� ' ' i4 t rj•r (jl! -,�, . r jj•r r � fl•{a .. �a :! 1 •. > Y yM � . , f r It rf� ��'�. �i 1r.r�• J l F f ! i11 x�++,►,1 t•:; i •4f'try t•� L ,' . r�r• r !, ?• r L it l . � r t ••{i ! .,"} 1 ', _ _11{,r P: .j r f C 'r ` ' ;1 y ' �� ' ! '�� .�f ��r \!! ft }',�1�� v•t" fib. . ♦ V r �� 16 page 4 — Counc it 'Minn 12/3/64 The'City Attorney read the Conditions of Approval under which Garfield's Nita Spot had been granted Conditional Use Permit 43-35. . She reported that Orange County officials , had measured the noise decibels, emitted froo the establishment and that the decibels were not in violation of the Huntington $each Ordinance Code. She stated that a communication had been received indicating speed bumps and a chain would be installed in the parking lot. The Director of Development Services read the Nurt.sgton Beach 'Ordinance Code pertaining to noise. Me, stated that he believed there was adequate evidence Oat the applicant had violated the Condition of Approval related to verbal noise from the parking lot. Hike Strange, Assistant Planner, described his observations of activities in the parking lot of Garfield' s Nite Spot. Discussion - was held between Councilman Green and the City Attorney regarding the. voids in the Narrative of Proposed Project for Garfield 's Nita Spot as follows: "We will looking (sic) for a crowd between 30 to 45." which did not I ' refer to the number of expected occupants but referred to the age of the expected patrons of the establishment. The City Attorney stated that the j reference was not part of the conditions and therefore would not be valid evidence for revocation of the Conditional Use Permit. The Mayor declared the hearing open. I: Mark Silver, owner, stated that the question regarding " . . . a crowd between 30 jto 45. referred to the age of the patrons not occupancy load . He stated that occupancy was set at one person per one square foot so the occupancy load was approximately 400 people. He referred to a letter from his landlord regarding + installation of a chain and speed bumps in the parking lot. Councilman Green described his observations of the parking lot on the evening of_ Novemher ln, 1954. He stated that he was prepared to sign a statement regarding ais observations. I i Thomas Whaling stated that he lives 300 feet away from the establishment and i that the noise kegs hir: &Make many nights. Crai -Watson, dencribud noise in the parking lot, beer can litter, urination on the walls and a 352% increase in crime in the area since the opening of Garfield' s Mite Spot. Mayan Bailey inquired whether the previous two speakers would be willing to sign atateoents regarding their tet%imony. Bill Klau"sen described noise from the parking lot and noise from inside the building when the back door was opened. Edwin Higge, Director of August ?Management, Inc. , landlord for the Center stated the; were eager to install speed bumps and chains in the parking lot but were stopped from doing so because of a legal injunction regarding the parking lot related to Garfield Bank. He requested City assistance to solve the legal problem. Karp Simonian, representing John Gabriel and Garfield Bank described beer can ltter and parking problems related to Garfield's Nita Spot. He stated that the parking .lot was jointly owned by three owners. Councilman Mandic asked brim if .ba, would sign a statement regarding his observations and Mr. Simonian stated that he would do do. li Page .5 - Council Minu a 12/3/64 There being no one present to speak further on the .after and there being so further protests Mad, either oral or written, the hearing was closed by the Mayor. Discussion was held regarding rounds for revoking ff a ga g the Conditional Use Permit. I I , A action Iwas made by Finley, seconded by MacAllister to revoke Conditional Use Permit 84-35, based on findings to bit drafted by the City Attorney and approved later in the wasting , the findings to be based on testisrony that the rear door had been used for other than an emergency exit; excessive moist, trash and debris in the parking lot ; and incompatibility with the surrounding neighborhood. The motion carried by the following roll call vote : AYES: MacAllister, Handic , Bailey, Finley, Green NOES: Kelly ABSENT: Thmas Formal conditions were presented to Council later in the meeting and approved. PVDLIC WARING ..► ZONE CASE 84-17 - APPROVED REZONING TO 43 ND 84-37 APPOMD - ORDINANCE NO 2745 - INTRODUCTION APPROV20 __... The Mayor a ounced that this vas he day and hour set for a p lic hearing to consider a quevt firois G. P. B 'lding Enterprises to rez a 38,280 squire fact of props ty lottated on the outh side of Yorktown A nue approxis=ately 340 feet east of Beath noulev rd from R5 (Office ofessional) to R3 (Mediums-High Den ity Residential) The Planning Com lion has viewed this request and is re amending rezoning the property to ) R2 (Qualified-Medium density Residential with cenditio s. The City Clerk annou ad that all legal r uirements for notification, publication and posting had be n met , a that she had received no cosrunications or written p tests to the ma er. The Director of Development Se 'c pros ted slides of the area. The Mayor declared the hearing open Eobert Mickelson, representing t eve per, stated that there would be less intensity of the development i th pro ct is planned under the requested atoning than there would be rider the p sent zoning. be requested that Council approve Zone Case 84- 7. There being no one presen to speak urther on a matter and there being no protests filed, either or 1 or vritte the hearing vas closed by the Mayor. The. City Clerk present d Ordinance . 2745 for Cou it consideration "AS ORDI11AXt or Ta C1 OF HMINGW R BEACH AM2XDI11G XWLWWN SRACR ORDINAM CODR BY ING SECTION 9 1 TO PROVIDE FOR OE ZONINC Fl= OFFICE IROPRSSIO DISTRICT f0 QV IFILD XMIDIlM-NIGH SITY USUNINTIAI. DISSRICT ON REAL OP&ITY GENIRALLY Ant D ON Ta $0048 DE OF 10Rnvo ARIRJE, BAST Of S C11 SOVL91ARD (1M E 00. 84-17) ." A motion was made by Kelly, seconds by MacAllister, to approve N*Sati.v* Declaration $4-37 to approve introd ction of Ordirance No. 2745, after Page 13 - Council Mits - 10/15i84 u,wy TIOM. imD 3449 ADOt!m z2manx A nicATION - CaNR !D COOIICIL OF T10 CT" OF INGi�DM NE/►CA A1�1�i0VIMC I1Nc AP!'LIG POR G"N�t PCl�S ON= PROMITY la (EDISON Ca>FM CTMSIt>!�[ ADOrTION .)" NltSt}L03ICM NO 51 - ADiri76D -- AtP9ty in irniCATIOM GRAXT IF r at TNt >RiOSMI-Z G QMW 0KX SPACZ AIM RZCMTION - MAMIX PARK "MLO A R>rSOLOTtop Of THE C1TT CCGX OF TU CITT or WRINGI�OM 14NAC8 PING THE APPLICATION MR GLM "I" 1'12MDS:CllM THE ROECITI-Z'ILEAC L IMP OP1F LACE AND RECZI TION MXMJ1It (MANNIMC ?Ag' DEVLLOPPffW)." oM CW: . N�3 :- GiiPxtLB iA The City Clerk presented a cm=unication from the Development Services Director regarding Conditional Use Permit 8:1-35 granted to Garfield' s Mite Spot located at the southeast corner of Garfield Avenue and Magnolia Street. The Deputy {Director of Development Services presented a staff report. Discussion was held regarding possible steps C:arfields Nightclub could cake to mitigate the problems. Some suggestions were to install speed bumps, valet parking and a Chain link fence. Discussion was held between Council and Mr. Silver regarding a court injunction which he said prevented him from providing valet parking at the nightclub. Following discussion, a motion was made by Kandic , seconded by Kelly, to schedule .a public hearing to consider Conditional Use Permit 83-35 or December 17, 1984. Following discussion with the City Attorney the motion carried by the following roll call vote : AYES: Pattinson, MacAllister, Kelly, Bailey, Mandic ALOES: Finley ABSENT: Thomas Councilman Kandic requested a report regarding the matt+tr at the meeting of November 19, 1984. OVIUM WO 708 - IWMOWCTtON APPROM2 AS A)X09D - OIL C009 r+rr... The City Clerk presented Ordinance No. 2708 for Council. consideration - "All OROtNA= OF TIM CITY OF WJI(TllfMP .1EACK AXZNDM 18t WWrIIG"TO# UACB MWICI?AL CODE IT AMENDING SECTIONS 15.05. 220, 15.04.2500 15.12.1100 1 15.12.120 15.12.1.50, 15.20.135, 15.20.160, 15.22.050, 15.23.060. 13.2i.0515, 15.24.060, AND 15.32.040; AM AWING 11EM SECTIONS 15.09..215, 15.20. 135, 15.20. 1659 15.20.310, 15.24.0309 AND 13.32.085, ALL ►nRTAINW. IM T M RMENG700 MCK OIL CAE." �i Discussion was held regarding Section 15. 12. 120 pertaining to an additional extension to the 120-day coN aceaent period already provided. r+ , r Page la —Council Minutes - 10/15/84 Dennis 212m4omplained regarding Carfield's Nightclub. M ;:,g�eferrad to his letter to Council dated October 12, 1984 and estated that . he believed the premises for which he had control, was the building and , that no noise was Coming from the building. He informed Council that the parking lot was shaved with other businesses. And Durhaer representing the Fieldstone Company , stated that he supported Resolution o. 5454 pertaining to the Balsa Chic&. P'arri C aousima stated that she owned an ocelot and requested permission from the C y to keep the animal in her home. -Geo a Lim complained regarding problems in connection with the Sts. Simon and j9de Carnival and requested that Council place controls to limit noise, oeten the hours and tighten the security at the event. .., :; 3 RESOLUTION NO 5454 - ADOPTED AS AMENDED - BOLSA CSICA The City .Administrator informed Council. tha they had been provided with copies of Resolution No. 5454 y "A RESOLUTION OF '�KL CITY OF HUNTINCTON BEACH ' ADOPTING CONDITIONS OF APPROVAL FOR THE BOLS CHICA LAND USE PLAN. " Following discussion, a motion was made b MacAllister, seconded by Bailey, to adopt Resolution ft. 3484, as amended as follows: 1. Bolaa Ch�ica Avenue shall be ext nded to Garfield Avenge "at the minimum width necessary to safely and efficiently handle traffic , preferably 80 feet".. . ; 2. Sufficient distance ehalljbe provided "a minimum of 800 feet". . . 3. "All wetlands restorat' n shall be within the bounds of the project area. " 4. . . .to completes the 1 cal street systems "through cul-de�saes" .. . and with the further Zderat&nding that the approved plan is the plan prepared by City staff as predented at the October 15, 1984 Council meeting. Discussion was h Id re ardin the inclusion in the resolution of the specific $ B P number of acres o be designated wetlands. The motion m a by MacAllister, seconded by Bailey, carried by the following roll Call vole: ,AYES : P ttinson, MacAllister, Kelly, Finley, Bailey, Mandic NODS: ne ABSENT: Was WasR,COtJi►1llil: The' Mayor called a recess of Council at 10:55 P.M. The meeting was reconvened at 11:O5 P.M. e >,vurd �. CITY Or HUN INo v MACH INTER-DEPARTMENT COMMUNICATION o 40, TO Charles' W. Thompson James W. Palin, Director City Adiinistrator Development Services Subjeat GARFIELD' S h1TE SPOT pats January 21 , 1985 On .December "17, 1984 City Council voted in favor of reconsidering the . ,. revocation of Conditional Use Permit No. 83--35 (Garfield ' s Nita Spot )`s an .action .taken by Council on December 3, 1984 . The Council continuea' the •actua* vote for upholding the revocation or reinstating the original approval until the meeting of January 21 , 1985. The following are four options which the Council may take in regards to-.Garfield ' s Nite Spot : 1 . Uphold revocation of CUP 83-35 . 2 . Reinstate the approval of CUP 83--35 with the original conditions . ."' ' 3 . Reinstate the approval of CUP 83-35 with the following additonal conditions subject to consent of the applicant . a. The speed bumps and heavy gage chain Shall be maintained and reviewed by staff on a monthly basis for a six- month period . b. That the applicant shall meet with the representative of the area .'home owners and the City for periodic reviews of the operation during the six month period After the •aix month period of review, staff will make recommendations as to wliether or not cause for a nuisance suit �•eXiat:s. 4. Continue reconsideration on CUP 83w35 until the meeting of -rebruary 19, 1985 in order to allow the representative of the area home owners the opportunity to meet with City staff and the applicant in an attempt to address their continuing concerns . .( See 'City Attorney' s memo dated January 21 , 1985 . ) kadh of the above alternatives will require a motion and vote of Council . JWP.:MA=jr 1-7-1 r Ps �duhL1 ( nt . . � C 6-'"1' o d �}., ""2.,,,N t ;SAS" CITY CIF' HUNTINGTON B,KACH 114 � w� I' INTER-DEPARTMENT COMMUNICATION _ 7--d� Slll�. , !{all.. ►N,wtt+�rvr�a�cr� 14 �41? TO Honorable Mayor and from Gail Autton Members of the City Council City Attorney Subject Update on Garfield ' s Ni to Spot Date January 21 ' 1985 The - speed bumph are now in place in Garfield ' s shopping center . to addition, the chain across the rear drive has been improved witli a heavy gauge chain , welded hookups on-_the posts,. -and a reflective center poet-. The chain is now~unc7eY the control of Garfield ' s rather than the landlord so there ahould be more responsive maintenance. We 'received a call today from Rick .Lund , attorney representing four homeowners in the area. He would like a meeting to discuss compromise operational rules . He suggested that both the ity and Garfield ' s be represented at the meeting. " GAIL HUTTUN City Attorney cc: Charles W. Thompson , City Administrator James Palin , Director , Development Services 07881 , 9 ,a A CITY OF HUIPIT1NG' OP4 .® H �ar�� •a sch�. ~�� INTER-DEPARTMENT COMMUNICATION -may' ",rm�roa RACK v To Charles W. Thompson James W. Palin, Director City 'Administraator Development Services Subject GARFIELD' S NITE SPOT Date January 21 , 1985 On December '17, , 1984 City Council voted in favor of reconsidering the revocation of Conditional Use Permit No. 83--35 (Garfield 's Nite Spot ) : an action taken by Council on December 3, 1984 . The Council continued the actual vote for upholding the revocation or. reinstating the original approval until the meeting of January 21, 1985. The following are four options which the Council may take in regards to Garfield ' s Nite Spot : :1 . Uphold revocation of CUP 83-35 . 2 . Reinstate the approval of CUP 83-35 with the original conditions. 3 . Reinstate the approval of CUP 83-35 with the followiny additonal conditions subject to consent of the applicant . a. The speed bumps and heavy gage chain shall be maintained and reviewed by staff on a monthly basis for a six month period . b. That the applicant shall meet with the representative of the area home owners and the City for periodic reviews of the operation during the six month period. . After the six month period of review, staff will make recommendations as to whether or not cause for a nuisance suit e x i 4. Continua reconsideration on CUP 83-35 until the meeting of . February 19, 1985 in order to allow the representative of L•he area homeowners the opportunity to meet with City staff and the applicant in an attempt to address their continui,,y concerns . (See City Attorneys memo dated January 21 , 1985. ) Each of the above alternatives will require a motion and vote of Council . JWPsMAzjr 10 •% • Ct'rYVlliTlNltiTM .� INTER-DEPARTMENT.ARTMENT COMMUNICATION Ta Honorable Mayor Ruth. Halley From Gail Hutton and Hembers of the Council City Attorney Subject Garfield ' • »i to spot Date 21 February 1985 on F'*bruary 14 a meeti`r was held at the request of Rick Lund , Esquire, attorney for three'. of the homeowners who live east of Garti6ld' s Site spot. Present at the meeting were Council- persons _Sailey, Kelly and Green, along with representatives of Gafield Bank , the bank' s office building, the management cospany and the landowner. Ws endsavored to focus the meeting on the current conditions in the_ sh6ppi'ng center in order to determine_;the effects of the chain. across the -rear drive, the .'speed bumps, the security service and the valet parking. However, it was often difficult for the persons present to identify, ,a particular time frame . Thefollowing containrs the general substance of the statements made: 1. Residents feel that there is still a problem with traffic and automobile noise in the. ,eveninga . Mr. Craig . Watson particularly refeired to Cars driving around the Taco Bell area. . . Re 'does not fee' there is enough parking or, that the . sppe�ed bumps resolve any,:problems There was no indication that there aro' curi. s ntly any pibblems with loud music or the rear door. The -bank ' s representative said she saw the. door open. once at '6`00 p>m,. with employees doing in and out, but could not remember when this was . Residents have stated that while there . is' no noise problem now, there may be in the summer months when their windows are open. 2. The bank ' s representative said there is a parking prdblek which makes it "difficult for patrons to use the night l drop and ` automatic teller machine. We explained that " no parking" -signs couid be installed and that vehicles in ' .vio latlon. could be towed . Mr. Miggie, of Auguet Management , said he would work, with the bank to solve these problems. It 'is , hoped that the lack of adequate parking can be resolved by the various• landowners and tenants without governmentail ' h&lp. It was interesting to note that there had been little or n 'co munication between the various tenants, the management company and Garfield ' s Nite Spot prior to this meeting . dV . Memorandum to City Council 21 February 1985 Garfield' s Nita Spot Page 2 . 3 . The manager of the bank ' s office building and a tenant both mentioned parking problems and trash problems, which included beer cans and glasses . The management company will work with them on .-posting signs , parking control , and improving trash pickup, although trash pickup and sweeping canna't be done at too early an hour because the noise disturbs nearb', zesidenta . While some of Garfield ' s Nite Spot patrons may contribute to the trash, adequate controls appear to exist to prevent glasses and beverages from leaving the premises . A market and liquor store in the shopping center may be sources of some of the litter . 4. Representatives of Garfield ' s Nite Spot were attorneys Barbara Brown and Mark Silver . - They reviewed their efforts to resolve the problems, including introducing valet parking, placing a strong chain across the rear drives, and installing speed bumps . In addition, ' ,the'y. maintain a security patrol. They, also expressed a willingness to work with the other tenantp to control parking. 5 . The police department representative Jr.- ormed members Of the meeting that the number of calls to tb,, to was not inordinate. While pit is difficult to capture the essence of a there-:your meeting, these are our recollections . The problems now seem to ,center around parking, automobile noisq and trash. We are willing to continue to work with the various parties toward a resolution. { 'fhe "residents suggested two remedies for the problems dis- cussed. .. They were's ( 1 ) reduce operating hours at Garfield ' s Niue Spot to 10 p.m. on weekdays and midnight on weekends ; and (2) reduce occupancy limits from 450 to 150 persons. Garfield' s ,Nite Spot representatives found these suggestions unaccepteble, but expressed a willingness to explore ,other avenues , one appcoach mentioned was permitting ' parking in a portion of the rear drive to the south. Apparently the homo+s that are 'disturbed by automobile noise lie to the east of the shopping center. It is +infortunate that there are no easy or ready solutions . As we } Ive previously noted, there is not sufficient factual basis for revoking the conditional use permit . The Council ' as previous action to reconsider denial , in effect, rescinded the Memorandum to CityCouncil 21 . February 1985 Garfield' s Ni to Spot Page 3 revocation and reinstated the permit . However, the issue of whither to revoke is shill before the Council . it is our recommendation that it not proceed with revocation. If ,A nuisance action is brought, and if a court finds that the operation of the disco. constitute* a public nuisance, then it will have to fashion some sort of .injunctive remedy. A count will ; experience ILae same frustrations th trying to come up .with a solution that rebolvee all differences. If a court issues an injunction requiring Garfield ' s Nite Spot to operate in such a manner, as not try disturb the peace and quiet of the neighborhood, it will be difficult to enforce, since it is difficult if not impossible to establish that Garfield ' s is responsible for the trash and automobile noise . With reference to ,hours of operation and occupancy Limits, there, 'is 'no basis for attaching new conditions to the conditional use permit, since.. there is . no basis for revoking it . , This operation is b 280 square feet, and the occupancy limits arm standard for this type of business. rt would be d1fficult to sustain different standards from those afforded other similar businesses , None. of this, ' unfortunately, solves the, problems experienced by residinte :Nhose homes adjoin the commercial. onenter. It is . unlikaly they will ever be solved. Certainly Garfield ' s does � not find closing at 10 P_ an economically be a economically viable solution. Pochaps some further attention 'to the traffic flow at the northeast,! corner of the center might mihimfze the ` . di tiurbance to the neighbors, since the automobiles going hound the Taco Bell shd ii®ar the chained back drive are glosest , to the three neighbors who were at the meeting and are presumably the most affected. , pe ►+ilI initiate a nuisance suit if _ Council desires, but 'remain ik• 4p whether 'a court can faeh"ion an effective remedremedy .tical p'ttture planning should insure adequate buffers between commercial and residential occupancies. a GAIL HUTTON City Attorhey - t FiEOUFA FOR CITY COUNCP ACTION J4 , S bpeef 4W* C uloeI7- beor chi ,b d- P?T h�']" S � ,Date _.. January 11, 1985 Submitted to: s/ t •�'f lA�ij Honorable ayor and City Counc.{1 Submitted by: Charles W. Thompson, City Administr Prepared by: ,lames W. Palin, Director of Development Services 0 0 Subject: GARFIELD 'S NITE SPOT - STATUS REPORT Consistent with Council Policy? Ec) Yes ( l New Policy or Exception , tesi bo4i �+,eAwklj- - „y Y y T,{• Pi�,+a icy' 70io . Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: ?r STATEMENT OF ISSUES Attached herewith is the status report on Garfield ' s Nite Spot previously requested by the City Council at their December 17, 1984 meeting. RECOMMENDATION: Further direction on this item to be determined by the City Council at the January 21, 1985 Council Meeting. ANALYSIS: This item was previously addreosed by the City Council at the October 1 158 December 3, and December 17 , 1984 Council meetings for review of alleged public nuisances occurring on the property. On December . 31, . 1984, after a. public hearing was held, the Council voted to revoke Conditional . Use :Permit No. 83-35 based on public testimony, violations of Conditional Use Permit No. 83-35 (condition number 5 pertaining to t'he rear door ) ,and violations of the Huntington Beach Municipal Code pertaining to ewcessive noise. On .December 17, 1984 the City Council voted to reconsider their pkevious 'action taken on December 3 , 1984 to revoke Conditional Use Permit No. 83--35 . The Council also voted to postpone further consideration of the revocation for approximately 30 days to permit the owners of Garfield ' s Nite Spot t2te opportunity to eliminate or nitigate ,the public nuisances occurring on the property . The Council also requested that staff prepare a status report on this item to be presetnt('A at the January 21, 1985 Council meeting. NO 4M Attached for the Council ' s review is the status report prepared by the Police Department regarding Garfield ' s Nite Spot. The Police Department report includes current information on the case an wel). as specific information requested by the City Council pertaining to the following questions s 1 . What percentage of the customers use valet parking? 2 . How many guards are employed by Garfield' s Nite Spot? 3 . Are the guards uniformed? 4 . Are speed bumps in place, if so, how many and where are they located? k1so attached for the council ' s review is a letter from the Department of Development . Services to August Management Incorporated, Property Manager ,for Garfield ' s Plaza. The letter addresses the subject of speed bumps and/or speed control devices to help alleviate the speeding problem ocuurri.ng at Garfield ' s Plaza. The letter suggests Chat August Management consult a private traffic engineer to assist in evaluating, designing and locating the proposed traffic control devices on the property . The City Attorney ' s office also sent a lettor to Garfield ' s Nite Spot Inc. addressing the location of speed bumps, installation of a stop sign at the driveway on Garfield Avenue, and the continued use of the chasms at the rear alley. This letter is attached for the Council ' s review. As of January 10, 1985 no traffic control devices had been installed on the property, with the exception of chains located at the east and south driveways. rUNDING SOURCE% Not Applicable ALTERNATIVE ACTIONS: Additional actions to be determined by the City Council at the January 21, 1985 meeting. - ATTACHMENTS : 1 . Area Map 2. Minutes from the December 17 , 1984 City Council meeting 3 . Sgt. Biggs report dated December 27, 1984 4. Letter to August Management Inc. dated December 26, 1984 l 5 . Legal Department Memorandum dated January 8, 1985 6. Police Department Report dated January 8, 1985 } r , t - , t t , MAW;OUA MI. ., 2RU I I I I ,. .�, ck 131sLJ I- . �I AL l• . ►art!„ i ' ' I ' Mw,..�• - _ ilk '! � i A iL AAH. tiAY :K ff .r� •■im,0�b VR t7LSt r� 6ri � �•. •} s�• ,I.' ., �•• •le Daps architecturesomesoll oil • •i,�. MM M•b•N�A,IMrr /YrI,IM.N•H,. t Page 12 Council Minutes - 12fl7r64 It] T70 ASSENT !1Dlf1'H CW JAY - GRI►MD - r-ELLY 4 Couocilsan Ke 1 re ueated a leave of absence frov Couticti l for tttl nerith oaf y 4 January. On taotion by Ksl\iy, iecond MacAllister, Council granted Cotancil.sau Kelly a leave of absence f' r the month of January. The mativn carried unanimously. t GA"InD'S Irl7L 5P0? - CVF 83-35 REVQCAT'ID�NSIDEILED - Rlr"T Ili 30 DAYS Following discuscion, a tuotion was sale by MacAlliatet, becanded by telly, to reconsider the action taken by Cuunci 1 tat the meeting held December 3, l9bfo is revoke Conditional Utt Permit 83-35 for Garf ield ' s Mite Spot ; to put tpone '•"�t;t furtt;,r consideration of the revocation sor appruximetely thirty dad-A , to January 21 , 1985 and to direct stiff to submit a report to Council fur that f seeting. The motion carried unaniwously. r: LEASE of STATE L MDS FOR FOLIC MAIITXA ti. Counciltaan Mac-Allister suggested that Mayor Bailey make a presrtitat teat regarding Council support of the proposal to I,taeae. Stott Lands for a publi.r tsarina at the State Landn Cotitiraion wtIting to be held :actuary 16, 1984 . DUDGIM rH Ir=I1it; V I AMVR Councilman MacAllister reported an a tweet in vith Supervi&ar Warder rt-wbrdliIA dredging in Huntington Harbour channels. MMLIC REUTIONS CGWIY'TEE CUATED +, On motion by MacAllister, second Kelly, a Yubl c`,` arlat ivno C w+tt t irt' vas created by unaniwous vote . Mayor lsailey, and Counci.lrt-mbets RacAllister and ►�r1ly i frorsl to ker-we can (tit, ctlasittte. Adl»7R�>NT • t Mayor Bailey adjourned the_ regular weetins of the City Cz.uhCil `of ihtr City of Huctin.gcae heath to 1:00 P.M. , WedneAday, Deces6 r 14, 14SG is k D-7, Civic Center Cosplex. . City (:IF.rk ah4 t'K-L1ffiC.: i4, o f the- City Counc I l of the p i t y AITEST» of Huntington meact), C411ft,rrelx City Clerk �:aynr .. , - ; CITI !'' OF i�',1t6�IG`,'1 u*t�`t'�c i3'd 16)] .�A. � INTER-DEPARTMENT COMMUNICATION JAN .� CIYY, OF'11u 11NfiTON 11f"n•c`; ADt:1IN1 T1',rc JF� i From M. BIGtr5, SL•RGFA:'%'T To l .1,tLl: h , ROBITAI1.1 X- �_. CHIEF CP c)I POLICEVICL',IORCANI ZED Cltlbtr UV1 T Suhtect C',AR1�lI:}.Il'S Gate DEC i:�UIEIt 27 , '1934 F t'Jt. 1.2 ZG 84 , at 1645 i{ours, 1)Ct(,Ctivo. S11ZM1C•IAN tc]cphoneci GAItHl'sLD'S N'1C,i1T Sl'0'I' and talked to iiliRKI'LE;Y DIMS, co-ovnicr. The follm ing { duestions were ansivered by DBNNIS: 1.. Mint percentap of tie customers use valet parking? III:N' 'is State([ tilat lie colild not Force the pvol+l.e to tisv the valet, parkin. Ho said that when they first start_ccl the valrt park;ng, 100t of the customers useci it but i.t bas dropliod treme»'tously. DR--CIS stated that approximately, thirty W ri fty percent of iiis Customers use v,ilct l�arkinl at this time. 2. 1lo►.► in, I;uards ,t rc crnpl ayccl? 7FNNIS -stated tivit lie has the rollowing, gimr, cmp10 %, � ,biidny - Closed. '1'l lesday - P;o uri i fonurti l;tacrrds . ' t: '11i1-ac (3) nlainclolites gtrirtis itisidC Li:(7 I)IISi1ICtis. 11'ednCstl;ty - Two (2) uiii forted lnr.,rds in :bo parkin. lot . Five (5) to six (G) plainclotiws li, urds insi.dr z the business. Thursday - Same ,7s *drtcstlay. i=riday - '11%ro (2) uni formed „bards in tliv parkin}; lot ►.►ith an additional partl coining on at 12 nifdnight. Nine (9) to twelve (12) plainclothcs g1l rds :in-.4de f the business. Sa�w•day Same as I'rida}►. t; Sund,ny - NO IJII i Forntrd gucIINIS. j '11.n (Z) lil,tinrlotltc�s hti:ir•d.� in iIle thc, III is iness. 1 s :i• . hrc lu�t��l lunul�: i ti plct«�Y l 1' So, how ttt,,►ty curl ivli��rci :�rc� t livy louited'r y1 i.i1�NNIS .stntad thin ha has tried to put in ;pecd Imnp!' ,hrot_i,hnilt the parking lot but the lcmillos•d, ow�ncr of t•}t,: proper' will not IIUHI'INGTON .®EACH DEVELOPMENT SERVICES ,113:13S:bi JAN 8 11`. h �• 5 s fir• h, CA 92R8 (� , , ltuatin8tan � CITY OF HUNTIN T13N BEACH P.O. BOX 190 CALIFORNIA 92648 DEPARTMENT OF DEVELOPMENT SERVICES BUILDING DIVISION(714) 535.5241 PLANNING DIVISION 1714) 536.6271 December 28 , 1984 Joyce Kelly August Management , Inc . P . O . Box 22630 Long Beach , CA 90841 Dear Ms. Melly: James Palin , Director of Development Services has asked that we prepare a site plan indicating suggested locations of speed control devices . We have indicated places on the attached aerial map . These locations represent one alternative ; there may be other locations and/or s eed control devices that may be as effective . P Y These devices should be placed so that impounding or blocking of surface „water run off does not tale place and that they be placed so as to effectively slow down vehicular speed and pith the safety of the traveling public in mind . We - strongly suggest that your organization secure the services of a private traffic consultant to evaluate , design and locate traffic control 'devices for this purpose inasmuch as the legal liability and responsibility for the safety of the public frequenting this center lies with the property owners and property management firm. P P Y P p Y g � Si y, , Glen Godfrey 'Deputy Director Development Services Attachment : Aerial Plot Map GG : lcp •• t . A �• 11 I` Lit. � I ♦ fj Alt 49 v ! vllwar. 7��'{116 _ 1 . 1 M • Aid O 044 r It 1 •1�.`T�`t. 1 I.�� '- J4.T, _•. ..'^ f - _-, .• -, r ) ♦ ,' ti• lob �M!.�olrx-T r £� ► ' r ► '� "fY ,� ! _ � � 'C ,/� , . why,. ,1 ' / •� +Aria • ` 1 12 • - - r . 111OK y -""' u oil' ,ul - *rr*, t !•ML r .. CITY OF HUNTINGTON GSACH INTER-DEPARTMENT COMMUNICATION e� e� To Honorable Mayor Ruth .Bai1ey From Gail Hutton and Nesbers of the Council City Attorney Subioct Garfield ' s Nice Spot Date 21 February 1985 On ,Fsbruary 14 a meeting was held at the request of Rick Lund, Esquire, attorney for three of the homeowners who live east of Gar,field' s Nite Spot . Present at the meeting were . Council- persons Bailey, Kelly and Green, along with representatives of . Garfield Bank, the bank ' s office building , the management company and the landowner. We endeavored to focus the meeting on . the current conditions in the shopping center in order to determine the effects of the chain' across the rear drive, the speed bumps , the security service and the valet parking . However, it was often difficult for Cho persons present to identify a part::cular time frames. The following contains the: general substance of the statements cadet 1 . Residents feel that there is still a problem with traffic and automobile noise in the: evenings . . Mr . Craig * Watson particularly referred to oars driving around the Taco Bell area. He does -noi feel there is enough parking or that the i ced bumps risolve any problems . There was no indication that t are are currently any problems with load music or the rear door. The bank ' s representative said she saw the door open once at 6i30 p.m. with employees going in and out , but could not remember when this was . Residents have stated that while there is no noise problem now, there may be in the summer months when their windows are open . 2.,;. The bank 'a representative said there is a parking problem which.'makes it difficult for patrons to use , the night drop .,and- automatic teller machine. We explained that " no parking" signs could be installed and that vehicles in vio- latiaa could ,be towed . Mr. Migg'ie, 'oi August Management , said ''he would work with the bank to xolve these problems . It -i s , hoped- that the lack of adequate parking . can be resolved by the various landowners and tenants without governmental help . It was 'interesting to note that there had been little or no communication between the various tenants , ' the management company and Garfield 's Nita , Spot prior to this meeting . Memorand"um to City Council 21 February 1985 Garfield' s Site Spot Paige 2 3. The,- manager of the bank ' s office building and a tenant both mentioned parking problems and trash; problems, :which included beer cans and glasses. The management, company will ,.-ork with them on posting signs, parking control, and improving trash pickup, although trash pickup and sweeping cannot be done at too early an hour because the noise disturbs nearby residents. While some of Garfield ' s Nite Spot patrons stay contribute to the trash, adequate controls appear to exist to prevent glasses and beverages from Leaving the prewises. X mazket and liquor store in the shopping center may be sources of some of the litter. 4. Representatives of Garfield ' s Nite Spot were attorneys Barbara Brown and Mark Silver. They reviewed their efforts to resolve the problems , including introducing valet parking , placing a strong chain across the rear drives , and installing speed bumps . In addi•tion', • they' maintain a security patrol . They also expressed a willingness to work with the other ten&nts to control parking. 5 . The police department representative informed members of the meeting that the number of calls to the site was not inordinate . While it is difficult to capture the essence of a three-hour meeting , these are our recollections. The problems now seem to . center around parking, automobile noise and trash . We are willing to continue to work with the various parties toward a resolution. 'Y'ha residents suggested two remedies for the problems di.s- cae*ed. They were: ( 1) reduce operating; hours at Garfield ' s Site Spot: to 10 p.m. on weekdays and midnight on weekends! and (2 ) reduce occupancy limits from 450 to 150 persons. Garfield' s Nite Spot representatives found these suggestions unacceptable, but expressed a willingness to explore other avenues. one approach mentioned was permitting parking in a portion of the rear drive to . the south. Apparently the homes that , are disturbed by automobile noise lie to the east of the shopping center . It is unfortunate that there are no easy or ready solutions . As we have previously noted, there is not sufficient factual basis for revoking the conditional use permit . The Council ' s previous action to reconsider denial, in effect , rescinded the MBmorandua -,to Council 21 February 1985 d�►rfield' �r Nite Spot Page 3 avocation and reinstate p , wever, tr I issue d theermi t. Ho of 'whethiir to rfvoka is st i 11 be fore the Co' nci 1. I t . i s our xocoseendation that it not proceed with revocation . i f:: a nuisance action is beou hte and i`f a .:court finds that the operstion'`of the- disco constitutes a public nuisance, then it will have to .fashion some .s.ort of. i:�junctive remedy. A court will expsrieiic0 the. same fruetrationm . in trying to come up with a. solution that resolves all differ.enCos . If a court ir�suea an in4�wuinct_ion -iequiring' Garfield' S ,Wits Spot. to operate in such a manner. an, not 'to disturb the peace and "quiet of 'the neighborhood, it willbe difficult to eriforce, since it is difficult if not impossible to establish that Garfield ' s is reiponsible for the trash and autoaaobile noise . With. reference to hours of opsra.tion, and occupancy li m' i ts, thisrte is ' no basis gor attachiig'`new''condibons . to the `s onditio'nal use permit, since there is -no 'basis. for rsvokitig P �, it.. Tit'is v eration i s 6. 280 s ware feet, •and the occupancy limfto are standard fur this type,.of business. It would be difficult -to suistaln" different standards from those affor3pd other similar businesses. [�ar►e . of.• this , .unfortunat®1y, solves .the p roblems , experienced by :residents whose, homes adjoin the commercial center. ,It is unlikely tt�ay: will e��er be solved. CQrtainly GaYfi®ld ' s dove ni t,' farad 'closing at ' LO, p. m .- to be an: eaonontically vi` le o"61%ition. ' erhaps mome further . attentfon- 'to . the traffic flow at `thy' northeast corner -of the center- miuh't .minimize ,the disturba►nre to ths, neighbors, Since t2�e -automobiles .'going a'ro ihd ' t1ii Taco Bell and near the Chained -tack drive are; clo *it to tree three neighbors who were at the meeting tend. are preauaably the most affected. �Ie .tri`ll ate a nuisance suit ;f Council desires* tut temain skept3cat' whether .a court can fashion an effective remedy. I . F't tune planning should _insure. ad4quate buffers between 0pmsfrcial and residential occupancies . I ' . c I L . H11T raN City- Attorney 1 �EN,v�s ,� • I3itow�l ✓ �# ��N.-Tt:rcl is Tvtti1 A E MC 1-4 C:41-t F=. f,-kz=. .L4 an on akpL M �0:7, l< M G: &Lwx .� � tAt_ C' UY �•ou,�,c:wG J ' 4i ;%tir (ZV% . a-P7,LL-L� _f a4,%rL9t' - 1/1,4viC4 �• , I C"vw ,►SAtP.t "A , Wl� �%v�Q�,• .t '. CtT�w! 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Q.GC �. ,-t.�,.ac. �� .,u.�, �x,Y, nMOW A^4 •1- . ..kom-g& Pal " Ajy, a{ c •y� f�/ , .cafrl. 4.+ r_ are�i�th'L '(ww rur• �,,a.:sGc.ty cr+ r i. /� 1TI�, j�� ,� J� .-�wJ�� /�,�r ',i•: �r.��fr.. �.t %'�•+�iA�•. :U'Mi4ppl X 4 �+' 'r' -J\A�t ,t", Ct ._•`. ��VL rJ71 L� C -.., r�'1 air. t1lr�:.G •+�.i�./ �i.�i a�'r - j)" . .-tA a t :W7Xj;, u ati,A t z.:4 f�rtltn,�~.l.Jc. "fir. vn.G tV ,,LZ, ate.av :i, IL •y .uri,-t q, a, ,+��-kt .. _. . / .A.J �/�.�/V1/�.{.''.�1 Vv r'NL(�`.�(�.1 :'� �L�✓G`+..{.�(J1J�(r .'1.11' .�,� /�QA.ILZ, � � _ - _, . . 1u��t�A� �.�L i ti"''�'�t' .1�.1►,'ti �� f�►'+t,L.�(,,L ,�6^ ,+L�.r"�L .-�}'{� •�'lA+w'�+ 1 G'. �ti (? �`• ��t/t,.�,� y {i�i /74G CG?.vr c:bv.JL .'Wi'i v _.... 4lC . X Ct�•�+�. �ata�s- c�.F. ,-ur /.7 rt,c�t-Gr.�" ,e% C-�►U3-�c:- t.ca,c„�. t�•w.r2. .vr . . I ;t%A, YntQ7r AWW iL*,h, yatn a lt.+:, L-tnA dl 4 c�... Al VQKc 7HE -PFR"(7- 7A OpER,,i E GARFiEL.1 IC. PJ17C CLVJd 1F j ' 1 f t rAus6o b use IJ Sa a p? ! .4TL 60S rom e � : �J Ai�6— U0 . ( L 7'c 496AI 0 ��15 ;1Jcc• 6 Co a rlG i FYr e rl 4 6�) 2.0 -r -I)JOU /4 *Y6 �Oolc.,* l 7o i y7o w w 15 ;u p o z T 71-#C A, loss 10 Utz fj�Los w ire g ou r, 2ew -ow .32, tow. February 28 , 1985 Preserve Our Park Organizers, Page 2 is definTd , what that definition is and what can be sold in such an establishment. Since the use of the property at 17502 Goldenwest has changed , and there are new signs p -omoting that change, i . e. ''Ck3ld Beer, " we feel there must have bean some type of permit granted somewhere along the way. We would like to know how and by whom such authorization �4as made and how LL could be made in direct oppostion to the wishes o; the citizens of the area? We would like to r;now how allowing the sale of alcoholic beverages un the perametrr of the park was justified? We would also like t7 know the proress by which we can Caallenge the action taken by our city employees in direct violation to our known e::pectations? Please let us know when you are ready to meet with us to -explain the above proceedings. Thank you. 01 313dy C30 to Carolvn S. Allen r Donald S. Davi ,son E. Allen E1 beth .rones Ethan D . Churchill Mar- C. Allen oan A. De Sates Warren L. De Bates cc: Thy Los Ange-I es Times TbR ` SaADg Be91 Rt e'r ill -iiX F'1.19 •i Preserve Our Park Organizers 6871 Rio Vista Drive Huntington Beach , CH 92647 February 28, iS85 Alcoholic Beverage Control Department 28 Civic Center Plaza, Room 369 Santa Ana, CA 92701 Subject: Complaint--Posting for Sale o F Alcoholic Beverages at Arco gasoline station at 17502 Ooldenwest Street , Huntington Beach , CA 92647 To whu►m it may concern: I . I': has cume to our attention that the ARCO gasoline station located on the southeast corner of Slater and Qoldenwest in Huntington Beach tits begun selling alcoholic beverages. This is very disturbing to many local residents. During the past year we, the undersigned , and many other residents, voiced our opintion about the prospective sale of alcoholic beverages at this laca'.:ion. (See en-ltaaed petitions with 2,027 si gnLtur es. ) In fact, a request by the owner of this station to the City Council of K nt.ington Be-ach for a Conditional Use that would allowed the station to be converted to an AM/PM Mini-- Market selling alcoholic beverages was soundly defeated---twice. In February of last year when the people of the si.,rrounding neighborhoods bacame aware of the proposed Condl ti onal Use Permit , one r: our neighbors, Tom Albers, contacted your r+epartmOnt and was told that there had been no application for an al cnhol i c beverage l i cestse for that location. B!^cause of this information , wo did not send copies of the attached petitions to the Alcoholic Beverage Control Department (which wore obtained during a five day period) because we didn.'t -feel . the need to do so. As you can see by the dates and attached letters, .,We sent the petitions to the Mayor of Huntington Beach and the Chairman - of the Board of ARC. We thot.ight we were ydicing our complaints to the parties who most needed to hear them, Apparently, the city felt no need to relay these numerous 1 . cnm�l aints against the sale of alcohol is beverages at the Fet uary 28 , 1985 Complaint/Arco station Page 2 proposed location to the ABC Board. Upon further investigation , we found out that Mr. Jim Anderson , owner of said ARCO station, had supposedly applied for the license to sell alcoholic beverages its July of 19e3. Obviously, V Albers had been given incorrect information in February. We were also told that this license was approved in July of 1984 , but not actually issued until November of 19849 which is "very unusual , " according to Wally Hurd of your department. Three to four more months went by before alcoholic beverages actually appeared on the premises of 17502 Golden West, Huntington Beach, California—about two weeE;s ago. After a query of neighbors and residents who have patronized the gasoline station in question frequently during the past two years , no one can remember ever Seeing a posted notice of i nten �i on to sell alcoholic beverages on the premises. Our understanding is that such a notice must be posted for thirty days In a conspicuous location pr-i or to the '-jAg i nni ng of such � sales. I The first any of us were aware of the potential sale of alcoholic beverages at this site was when i.hose within a certain radius of the station received notice from the City Planning Commission telling of the Conditional Use Permit request last February. Ward spread rapidly and citizens began to voice thair opinion. The Planning Commission denied the request. Next the request was taken oefore the City Council in May. At that time we turned in our petitions and the city was bombarded by letters agai i, at the proposed pertai t . Again the request was denied. We rind it hard to understand why the city of Huntington Beach bid not inform the ABC of the outcome of the Conditional Use Permit request and the storm of protest it generated from local citizens. Wu also find it dif4icult to understand how the license could . be _approved for t' sale of alcoholic beverages after such obvi a s opposition. , This lack: of communication to the public and the conflicting results between the state and city governments has allowed a property owner in a sensitive location to flagrantly disregard local opposition and sidestep city land u. se controls. This action is particularly egreg'ous in light of the fact February 28, 1985 Complaint/Arco station Page 3 that. the permit al l ot•-s the sale of al rahc,: i c beverages immediately adjacent to a major part: and within± two blocks of a "continuing education" high school and other neighborhood schools. As citizens of thu state o; California, we believe we have a right to request the following: 1 . A public hearing to reconsider the lic.-nse to sell beer, wine or ..ther alcoholic beverates at the Arco station at 17302 Goldenwest Street , Huntington Beach , Ca 92647. 2. A copy ,of the permit to sell alcoholic beverages at said location. 3. The dates the notice of intent was posted and a copy of any verification that iL was done properly. 4. A copy of any authcari"-ation from the city of Huntington Beach approving the sell e of alcoholic beverages at said location and the name and authority of the person making such an authorization , viri tten or verbal . 5. Copies of any other pertinent documents required by the state to authorize tre sale of alcoholic beverages at the given location. 1 Also, please advise LAs of the rights, procedures and recognised grounds to challenge the issuance of such a license or to have a new hearing to revoke thr license based on the fact that your office was not timely informed of the strong objections against this license when the City of Huntington Beach, including the Mayor and City Council , the City Planning Commission and the Parks and Recreation Department , was well aware of the widespread opposition to the sale of alcoholic beverages at aforementioned location. Respect 'ully submitted , Caroiyr . �A11en E. Allen . 6871 Rio Vista Drive 6871 Ric Vista Drive Huntington Beach, CA 92647 Huntington Beach, CFI 92647 February 28, 1985 Complaint/Arco station Page 4 ut4y'�[3ock � Elizabeth S nes 684? Viseta del Sol 6961 Via Angelina Huntington Beach , CA 92647 Huntington Reach, CA 92647 Ethan D. Churchill MarY;r C. Allari -17612 E1 Nopal b9a2 o Vista Drive Huntington Beach , CA 92647 Hwitington Beach, CA 92647 .r__-___...L._....__-r..._. -------- Warren L. UeBates oan A. DeBates 4 -17452 Duello Lane 17452 Dueller Lanp Huntington Beach , CA 92647 Huntington Reach, CA 92647 n 1 i colas Spanc� i ch J. anne Spanovc ch 6Bb2 Vista der Seal 6862 Vista de? Sol Huntington Beach , CA 92647 Huntington Beach, CA 92647 . Z.-In zx.e wr a..W Y I mo. N. �',. •./.. .L�f , ^Mf ael Gordon Linda ©. Gordo, ' ` 6 �3' i v Vista Drive 6882 .Rio Vi sta Drive Huntington Reach , CA 92647 Huntington Beach, CA 92647 �.sson acne,, avi.ssun g02: f�ia,;�li�ta '1'arltil@: 6902� Rio .Vista Orivf Huntingt•an' Beach, CA 92647 Huntington Bach, CA 93,64y February 28, 1925 Complaint/Arco station Page 5 ap�iiopkBau-g�-�;` Elaine S. q1i 6901 'Via Angelina 6941 Via �� Huntington Beach , CA 92647 Huntington Beach , CA 92647 cc: Huntington Beach Mayor Huntington Beach City Council Huntington Beach City Manager Log Angeles Ii mes jbg Santa Ana Rqg i ster The Daily Pilot a r 'a 6871 Rio Vista Drive Hunting ton Beach , CA 92647 May 16, 1984 Mr. Robert 0 , Andersun, Chairman of the Board Atlantic Richfield Company %513 South Flower Street Los AngEles, California 90071 Lear Sir: Enclos::a are copies of over 2400 signatures fro,,-, residents of Huntington Beach who oppose the rezoning o." the Arco gas station at 17502 Golden West Street in Huntington Beach to I" an AN/PM. Mini -Market. ti :high volume business is in direct conflict with the passive nature o.'' our Huntingtor, Beach Central Park which borders this Gas station. We are concerned with the problems a 24--hour business will invite into our part: and neighborhood. The park �^loBes at 10000 p .ir.. and does not alloy: the conswnptirn of alcoholic beverages . Having a market in ouch close proximity that sells beer and wine encourages violation: and the attendant prob- Tams of lo_ ter;ng and litter. i .,The people who live in this area of 'Huntington Beach and who ' use the park and library facilities advocate your reconsider- ation. Sincerely, J, 'E. Allen C arolyn S. Allen .;:ail�.�,,,(�• ��J,�t.l1��' ';, ter' Linda '_a'ordon TRX SERVE ,OUR PARK ORGANIZERS ,,to lixyor Jack Kelly • : R. � p. , .Van� Hrarne , Senar Vice-President .W, M� kiarcussen, nior Vice-President 1 f 6871 Ri o VA sta Drive Huntington Beach* CA 9'647 May 159 1984 s 'The Honorable Jack Kelly, Mayor and ` Huntington Beac% City Ceiincil Members 2000 VILin Street Huntington Beach, California 92648 Dear Neyor Kelly and Council Kembers t 6 In .only six days a group of concerned rest dents has collected over 29027 signatures from other concerned " people in th.-:� Huntington Beach area , Nio st of the signatures are from city re si dents, 'many are from park and library users. These eiig-jatures represent nnly a sampling of the nary whop o ose the establishment of a 24-hour business or, the peran ter df Central Park:. Your cons•tatuency is opposed to the roposed zoning change that Conditional Use Permit 84-1 would allow. Please let our voices be heard and vo•;e to deny the l appeal . ff Thank ynu . PRESEAVE CUP. PARK ORUANI ZERS �/. E. Allen Caro rIn S. A Ilen Dr. R. jicha v Gordon ,,,, / xaa G . cordon ear -atlunt�c ' ii:hfiela co. it •� ' 1 30, 1983 B!z-ach City ,coui-ic i i Hur,.tinr) t n Ceat:l: , CA 26.1; 7 ;: CT : APPLi1. NTIONI !'0F; LICENSE TO SELL BEER WIt' E `. EY THR I F'TY OIL CO . (LED LAREN ) , LOCATION : BEACii!ADAMS I '•! HUNTING TON E3EACH 06/ 17/83 -N-. r S i it i��dan�r " 11 t!' IS :13 "%C Vt-) i 0, 1 -2 'Ltl•1- Oi pIoLCF, t (copy cncIr),,u,d ) to Ait `loi ic. i.vv(- royc. Control i -i AnEl 1•cc1ardifig ),.. .' ,�;,� �•: t �� r71:� i i C:] t I ran ►'s L:-nd j nq r,;, i ti: col-fronpl •t C. i .. ' y i t1, ;,RHO �t' i �'!.i r'lini I'larl:et _c . F'y Lhe •r�� y , cite rr1�- t'�,i.• i (t't.r 't: Iv Thr!1 I Ly 0i I CO 1,u q, for t7rc, ARCO . ' -ve so becn toIr chat mane cities are adopting r_.rdinnnL i .•,cn ; ire ,,; the sale of alcohol is beverages �It aL sCakions nr! I i r { es , , I t , Illy s i n":crt: hope th/'t L Lhe C i ty c.)f Hunt 's rigi.on 1 F su i t inn-ledia te- Iy . My reasonsare clu i to i �arly :stated in the enclosed 1c: LLer of p I-or.e�• L , i cu 1 c• pprcc i s tc be i ng con t a c tad by a rnomber a F tl-IE i t y t. . , - tthis natLer , - S incere ; y , t•,.=:t �u L . nogers- ' "t'O ton S t rent .t+ .1 each , CA 2 t 8t tr ; ~� ' t r i I I i;,r�t 1.1 . Deming Cc : ,,,7t'y Esc ot• is t Church , CITY OF I iUt'; ':Ar%I I CITY COUNCIL CFi � .. tst r ' r� t t � j . r . June 30 , 1983 r Dept . of Alcoholic Beverage Conti-of 28 Ci\, ic Center Plaza , Room 369 San to Ana , CA 92701 SUB ACT : APPLICATION FOR L i CENSE TC SELL 13CER 'WINE i BY THRIFTY OIL CO . (LEO LAREN) , LOCATION : BEACH/AOAMS IN HUNTINGTON BEACH 06/ 17/83 Dear Sir/Mararre - Plcase be •dvised that I `rn hereby prolestinch the subject ap- p I i c•a t i -3n . Th is be : n g c.'one not only because I am a resident o, the r: r��a , but also because of the sheer absurdity of the of sel I ing liquor, at a gas station . i t ;.1-ti s qu i Lc hypocr i tical of our soc; iety to on one hand tr,•jci '%en our drunk dr iv i ny I aus and then turn around and grant to sc.: 1 1 liquor at a was station ? ;'mere ar - more Chan enough places to bevy booze as it is with - ou : puttiru it in gas stationsc - rlso . Please send me the appropriate norms to complete my protest as soon as possible . S i r%cC re 1 . :q Wanda L . Rogers (� 1509'Huntington Street 4 Hunt ing0on Beach , CA 926h3 (714 ) 960-3033 cc : Rev . W i i : i arir i•i . Den in g Calvary Baptist Church , Ha { City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648r OFFICE O1' I'Iili CITY ;1I)MINIS'I'RATOR Aug :5t 9, 1983 Wanda L. Rogers 15119 Huntington Street, #4 Huntington Beach, California 92648 Dear ME. Rogers: Your letter tr the City Council regarding the sale of alcoholic beverages at gas stations has been referred to me for response. Presently, the City of Huntington Beach does not have an ordinance which specifically prohibits this practice. Tfie Developri.ent Services Department has examined your concern and reports that con- verdence markets, combined with gasoline sale.5 are currently permitted within any zoning district subject to the approval of a Conditional Use Permit Application before the Plan- ping C:ommiss;on. The convenience market, in conjunction with gasoline sales, must comp:;, with developulent criteria con•:ained within the Ordinance Code of the City, as well as any additionat conditions of approval the Planning Commission may deem appropriate. l appreciate your concern acid have distributed your letter to all members of the City Council. if you have any further questions :about this issue, please contact the Develop- meni Services Department at 536-5271. 5incei•al NUf r:es W. Tlio p on, DEvELOp�ETt71y 8EA�Ii City Admini:.trator Nr SERjCEs CW':pj AUG 10 030, cc: ., ,ity Council Members f/t1 P,O, Ox ','Development Services Director 1�0 CA '92648 Y )) ,• r J Page 93 - Council Mint,.. - 12/6/82 PUBLIC NEARING - APPEAL TO THE PC DENIAL OF ZC 82-15 - HEARING CONTINUED UPEN WIL C/ u RUL tI The Mayor announced that this was the day and hour set fo- a public hearing to consider an appeal filed by Councilman Pattinson to the denial of a request to change the zoning on approximately 9 acres of property located north of Utica Avenue, between 17th and Lake Streets from RI -0 (Low Density Residential c:ombincd with oil production ) and RI-O-CD (Low Dersity Residential combined with oil production within Civic District) to R2-0-PD-CD (Mediuiit Density Residential District combined with oil production, {Tanned Development Suffix and within Civic Districts. fie stated that Negative Declaration No. 82-40 would be considered in conjunction with Zone Case No. 82-15. The City Clerk announced that all legal requirements f^r notification, publica- tion and posting had been met, and that she had received a communication from Mrs , R. Letson opposed to said appeal and that additional communicatinns and informal petition received by the Planning :omiission were on file in the City Clerks Office. A motion was made by MacAllister, seconded by Kelly, to continue consideration of an appeal to the Planning Commission 's denial of Zone Case 87. 15 until Councilman Pattinson received a ruling from she Fair Political Practices Com- mission and the Attorney General 's Office regarding a possible conflict of interest and directed that renotification be given at that time. The motion carried by the following roll call vote : AYES: MacAllister, Mandic, Finley, Bailey, t:el ly NOES: None NOT VOTING: Pattinson ABSENT: Thomas 'out of the room) RECESS - RECONVENE The Mayor called a recess of Council at 9: 13 P.t,i. The meeting was reconvened at 9: 21 P.M. PUBLIC HEARING - APPEAL TO PC DENIAL OF CUP 82-•26 - PC OVERRULED - CUP APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by ARCO Petroleum Company, on behalf of Atlantic Rich- field Company, to the denial of Conditional Use Permit No. 82-26, a request to 'Permit they conversion of an existing service station into a convenience market combined with gasoline sales within the C4 (Highway Commercial District) located at the southwest corner of Goldenwest Street and Neil Avenue (16501 Goldenwest Street). The City Clerk announced that all legal requirements for- notification, publica- tion-and posting had been met , and that she had received no communications or written protests to the matter. The Mayor declared the hearing open. The following people spoke in favor of the convenience market; Sam Blick, Monir It1ko, Phillip Johnson, Gev ge Scott, Christopher Lahage and William MA1 ko. Page #4 - Council llinuts - 12/61'82 . Thg following people spoke in opposition to the convenience market: Elizabeth Viers, Ted Viers , Dean Albright, Greta McCI Alan , Mrs . Jeaffi , and Bob McClellan, /0� There being no one present to speak further (in the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Kelly, second Pattinson, Council overruled the Planning Commission and approved Conditional U-. a Permit 82-26 with the fol 1 owing findings and conditions : Findings for Approval : 1 . The proposed use is compatible with surrounding land uses because the proposed convenience market is buffered on the west and south by•conmer- cially zoned property and the north and east, by Heil Avenue and Golden- west Street. 2• The proposed convenience market substantially complies with the provisions outlined in Article 947 of the Huntington Beach Ordinance Code. Conditions of Approval : 1 . The site plan dated September 15, 1982 , shall be the approved layout. 2. All signing for the convenience market/gasoline station shall comply with provisions outlined in Article 943 and 976 of the Huntington (teach Ordinance Code. ' 3. Light standards shall be constructed on the west property line to provide sufficient lighting for the parking lot. This lighting shall be directed in such a manner as to not affec'. surrounding properties. 4. The southerly Y drivewa shall he stenciled "one way only" in large letters and a sign .shall be posted or the east elevation indicating "one way only". The location of the wall sign shall be approved by the Department of Develop- ment Services. The motion carried by the following roll call vote: AYES: . Pattinson, MacAllister, Mandic , Kel ly NDES 'Tfiomas , Finley, Bailey ABSENT:.- None. RED "ID ''5198 - ADOPTED ORDERING VACATION OF PORTION OF WARNER AVE OLD WIRTERSBURG E E76 ALGONQUIN The Mayor announced that this was the 'day and four set for a public hearing -y: pursuant to Resolution of Intent 'No. 5175 adopted !November 15, 1982. 'The City Clerk announced that all legal requirements for publication and posting ; . had , beeri:'met, and that she had received a communication from the Southern California Gas Company stating their concurrence with said resolution. tfi0 14ic r 'declared the hearing open. t � t r LAM OfhC15 Of C. SAMUEL SLICK A rPL%lf&fic74.1 co.r-o11•t10- 1A1R8AN1',5 RAk-C11 PLAZA. SUIT! J LOS ANLILIa 1.1111 58-1.4755 ONANGI 1,1`I41 fl57.OAGA MNCNO SANTA 7E, CALIFORNIA 02037 17141 350-5480 IOIVI 75a-SLYJd `0 May 21 , 1984 S r 1 iI••,,4 U. Iun tin ,tnn CIt�,�ch. CA 92648 Mayor Jack Kelly ' 2000 Main Street P .O . Box 190 Huntington Beach, CA 92648 Re: Golden West/Slater CUP #84-1 Atlantic Richfield Company Dear Mayor Melly : Please accept this letter as a request for a continuance on your consideration of APCO ' s Conditional Use Permit # 84--1 . A great deal of evidence and testimony was received at the last public hearing on this matter and it has occured to my clients Lhat many of the opponents concerns can be satisfied . Therefore, we would request your decision on the Conditional Use Permit be continued to at least June 4 , 1984 , in order that we Tray meet with the neighbors whose properties surround the project site and propose solutions to their concerns and perhaps offer an ultimate compromise. Thank you for your consideration of this matter and if you have any questions , I will be present at the City Council meeting of May 21 , 1984 tc respond. Very truly yours , C . SAMUEL ]CLICK CSB:lr S cc: Ruth S . Bailey Ruth E. Finley Ddn 'MacAllister 'I+ Robert P. Mandic st s Utz Pattinst�n 4, z. P�1i► nIng bisector 000009 c " 'A 1 REQUEST FOR CITY COUNCI ACTION April 26 , 1984 Date Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator Prepared by: James W. Palin, Director, Development ServiceseA Subject: ATLANTIC RICHFIELD COMPANY ' S APPEAL TO THE PLANNING COMMISSION 'S DENIAL OF CO UITIONAL USE PERMIT NO. 84-1 Statement of Issuo, Aecommandation, Analysis, Funding Source, Alternative Actions, Attachment:: STATEMENT OF ISSUE : Conditional Use Permit No. 84-1 is a request to modify an existiag gasoline station to a convenience market selling self-serve gasoline , food and groceries. . The request was denied oy the Planning Commission on February 22, 1984 , and has been appealed to the City Council by the applicant. RECOMMENDATION : Uphold the Planning Commission ' s denial of Conditional Use Permit No. 84-1 with findings. ANALYSIS: In the Planning Commission staff report dated February :�2 , 1984 , staff recommended approval of Conditional Use Permit No . 84--1. Approval was recommended because the site has extensive landscaping, adequate parking and circulation, and modifications would be subject to approval of the Design Review Board . At the Planning Commission meeting , however, considerable public testimony was made against the project. Neighborhood residents stated that there would be noise impacts, it would be an attractive nuisance to children, there is another AM/PM Mini Market one mile to the north, iAnd the project is inappropriate adjacent to Central Park. The Planning Commission noted these remarks in their findings for denial of the Conditional Use Permit. In view of the validity of many of the comments , staff is now recommending denial of the project. A subsequent survey of late hour shopping establishments revoaled Albertson' s at the . northeast corner of Warner and Goldenwest which is open 24 hours, a 'nd Alpha eeta : on the northwest corner of Warner and Goldenwest which is open ' 19 hours . These are in addition to the existing 24 ''haur AM/PM Mini Market at the intersection of Goldenwest and Hail. x With these establishments within one half milt to oae mile of the proposed project , there would seem to be no need for another 24 hour store. Since the proposal is for. a 24 hour operation in place of the existing 16 hour service station , there may also be noise impacts on the surrounding neighborhood . Findings for Denial - Conditional Use Permit No. 84-1 : 1. The proposed project will adversely affect surrounding properties. Z. The proposed p oject is an inappropriate ue adjacent to Central Park . 3 . The proposed project would ba an attractive nuisance for children . 4 . There exists adequate 24 hour stores within one mile of the proposed project. ALTERNATIVE ACTION: The City Council may approve Conditional Use Permit No. 84-1 with findings and conditions as contained in the attached staff report dated February 22 , 1984 . FUNDING SOURCE : No Funds required . i a SUPPORTING INFORMATION : 1 1. Area Map 2. Site Plan and Elevations 3. Letter of Appeal February 29 , 1984 4. Staff Report dated February 29 , 19d4 5. February 22 , 1984 Planning Commission minutes CWT:wWP: HS:jlm 060Sd I . 2-- 4-26--84 RCA . - 4 !it � :1 •.r N nt �� Rt �T � r -- RI — -�---j•- Zp L01 CF ! RI -�- 1! S� t �. L L�r,.c¢•..»•r Rl 1 RI n �• Ij . A i RI RI Rl Rl y, RI t RI !RI z CFTC �I RI R, j i RI iRl� ,LI'irJ- '! i Ff i _ R t ly. RI RI st RI j' RI CC) "Y-' . It "�----' J�._ _J: Rt t� •', `- Rr-CO ;_s I�RI-cal to :� �• R i ! RI Rl t=� ; i Itl� RI R� RI �A Y r=cv. i l ��".'•� r = - ^�i lP.' �i MI-CD mi �fl ICUF RI RI I It.i•-i �•, t ;t v]l! n•"gRtli+~. � ! R} CF-E ( - _ RI i•� ! i o.. « J RI I _ c ;mT 1 t f� RI rI; RI I RI _ - ><�- o, CF_P � m I J MI-CD '!•ut .,=. RI I. RI r RI RI RI C F-fZ M I RI 1 ' R� yr?f� i t ��/L,%�. i is 1 CD MI-CD lit Z. Ri _�— .� •4 MN w ••f -. _ - __ -_. w. _-_ - --- - T _.-. CUP04-01 -- - ------ -• - - •- 1 - --- -- T�t.l3ERT - wiftTINGTof+MAC" HUNTINGTON BELCH PLANNING DIVISION 'Nor � � • � M.•vP y••••aim• w... •• 4 • �• .0 ♦ � �.•• r.t•raft•wM•y,•••I, • ww 1«wlow amr tr }Rt�4 \ ••�• rya •—.W. j j -•�-�- 1 S.__ `�=, ter AA�ty_ �� ___�,�, ..,_ ,- i «-1•--��[aAi •� lr1f �A4q �y�� (� � , Y j • •1 t - 1 • � -�� ----"�"+..:. � � � �� III Nor am SUP OWN �....- — -- rNioa�av-.dw to '1 WSW 13, Ir ..�..�..�•.r.r swr.rL OMS ME IL '/ rim. r ,�.- , •_� �-•�- . o--: - t_s .. �.`�.r._•.. 3 _ �. a_�■.J ram• ._ .. •..' - • tL- ...r�..�-1 _� -1 -•� • - +�:.i•rfr•.■ - .ram• r tt ' 1 rJ► >` R�r fl �c rC j� /� OTpYQr r APPEAL FROM PLANNING COMMISSION AO M 4� + T0: City Councilmembers and City Clerk '• �/ 1 1 . '�• City of Huntinaton Beach 1 > R.� Permit No . 84-1 Conditional. Use �. d � .. = Cont 'i 'f.onorable Members of t'_ue Huntington Beach City Council : The applicant, Atlantic Richfield Company , hereby appeals the action of disapproval by the Planning Commission takdn on February 22 , 1984 , on the above conditional use permit basted on the following grounds : 1. The proposed development will not adversely affect surrounding properties . - 2 . The data presented in the petition is inaccurate and otherwise not substantiated by the facts. Such data is irrelevant to the Commission ' s r , required findings. 3. The proposed use is in substantial conformance with the City' s General Plan and not 1` r inconsistent with the objectives for Central Park. The use is a legitimate legal use whinh , t should be permitted. . -1 rs Yes '48 - :There is absolutely no basis in fact to the M ' attx c tive contention that the use would be an ' nuisance" or that the use would be "hazardous , y �„` r childTeri". These are ��ntounded, slarides�iaet , N ro iI 1 . • l and unsupported contentions which should be ignored by the Planning Commission and City Council, .5 . There is no basis for the findings made by the Planning Commission. 6 . The Planning Commission fi.ndirigs are contrary to the actual findings made by the City 's Staff . Dated: February 29 , 1984 Respectfully Submitted , Atlantic Kichf ield Cen►pany E . L. eil, �- P .O. Box 4915 Canyon Lake , CA 92380 -and- 300 W. Glenoaks Boulevard Glendale , CA 91202 r dt I 9C . • h ws-. y.• *Unfington beach devekp services department ffAf f - --EPORT TO: Planning Commission FROM : Developmefit Services DATE : February 22 , 1984 CONDITIONAL USE PERMIT NO. 84-1 — o APPLICANT: Atlantic Richrield Co. DATE ACCEPTED: 300 W . Glenoaks Blvd. r Glendale , CA 91202 February 71 1984 -REQUEST: To modify an existing ser- l UNDATGIY PROCESSING DATE : vice station to a conveni- ence market selling April 9 , 1984 't self-service gascline, food and groceries . ZONE : C2-CD (Community # :. LOCATION: Subject property is located Business District ) at the Southeast corner of GENERAL PLAN: Slater Avenue and Golden- west Street . General commercial ACREAGE: . 52 acne EXISTING USE : Service station 1 -0 SUGGESTED ACTION: Approve Conditional Use Permit No. 84--1 subject to the findings and conditions in Section G .O . 2.0 GENEML INFOFtMATI 011 ; Conditional. Use Permit No . 84-1 is a request to modify an existing service station into an AM-PM Mini -Mart selling self-serve gasoline, food , beverages and sundry items . The service station is located on the Southeast corner of Slater Avenue and Goldenwest Street and is zoned C2-CD (Community Business District combined with Civic District r requitements ) . Civic District is a suffix which requires that all plans and elevations be approved by the Design Review - Board -prior to issuance of building permits . Convenience markets are permitted in the Zone subject. to a conditio„n]. use permit as P per Section 9430 . 8 of the Huntington ©each Ordinance Code . Y 11 ; lea ' S J 3 0 ENVIRONMENTAL STATUS : ' Pursuant to Section 15150 of the California Environmental Quality Act Guidelines , the prOposed project is categorically exempt . 4 . 0 SURROUNDING LAND USE, ZONING AND GENERAL ELAN DESIGNATIONS : Subject Property: GENERAL PLAN DESIGNATION : General Commercial ZONE : C2-CD (Community BusinesA - Civic District ) LAND USE: Service station South of Subject Property: GENERAL PLAN DESIGNATION: General Open Space ZONE : CF-R (Community Facilities - Recreation District) LAND USE: Central Park West of Subject Property : GENERAL PLAN DESIGNATION : Low Density Residential ZONE: R1 (Low Density Residential ) LAND USE: Residential North of Subject Property GENERAL PLAN uESIGNATION: Low I:ensity Residenci :i.l ZONE: R1 --CD (Low Density Residential - Civic District ) LAND USE: Residential East of Subject Property : GENERAL PLAN DESIGNATION : General Open Space ZONE: CF -R (Community Facilities - Recreation District) LAND USE: Central Park 5 .0 ISSUES AND ANALYSIS : The modifications to be made to the service station will include enclosing the tube bays for the sales area , striping for additional parking and establishing new signing . The proposed project is adjacent to Central Park and existing ningle family developments . As such, the project must be found to be compatible with those uses . When the existing service station was approved (Use Permit 70-2G) , conditions were required to ensure compatibility ( see attached) . r Section 9430 . 3 . 2 (a) of the Huntington Beech Ordinance Coda requires that eigTtt (A) off-street parking spaces be provided. The proposed project Incorporates eight perpendicular spaces ( including two handicapped) at. ,.2- 2-22-84 - P .C . re 4 the rear of the site . Access to the spacds may be taken via curb cuts located on both Slater Avenue and Goldenwest Striet , approximately 150 feet from the intersection in either direction. It will not be necessary to drive through the pump islands to reach the spaces. ;action 9930.8. 2 ( e ) of the ordinance code also requires that a pass- through window be provided to prevent waiting inside the store for gasoline purchases . The plans do not show such a feature , although space is available at the front of the sales alcove . Section 9792.2 of. the Ordinance Code requires eight (0) percent "of • the site to Le landscaped, with ten ( 10 ) foot wide exterior and five (5 ) foot interior lot line landscaped berms . The project features 23 percent landscaping with 35 foot wide City-owned rxterior perimeter planters and 5 foot planters around the interior perimeters . The proposed signing for the project doers not satisfy the requirements of Section 9430 . 8 .2 (a) of the ordinance code . Corner monument signs are limited to 10 feet in height, 8 feet in width, 40 square feet in area and cannot contain change panels . The proposed corner Pole sign is 23 feet high, 10 .5 feet wide and contains change panels. Because the project is located in a Civic Cistrict, all signing should be approved by the City' s Design Review Board. As such, signing is not a part of the approval for this conditional use permit . Because of the existing extensive landscaping, adequate parking and circulation, and Civic District design review requirements, the proposed project should be compatible with the surrounding land uses . 6 .0 RECOMMENDATION : Staff recommends that the Planning Commission approve Conditional Use Permit No . 84-1 subject to the following findings and conditions: FINDINGs : 1 . The proposed development is in conformance with the City' s General Plan. . r 2 . The proposed access to and parking for the project will not create traffic and circulation problems. 3 . The proposed development will not adversely affect surrounding . + properties . SUGGESTED CONDITIONS OF APPROVAL: K 1 . The site plan, floor plans and elevations dated' February 8, . 19841 with a revision to show a pass--through window in front of the I sales alcove, shall be the approved plans . 2 . All signing, elevations and ;materials of construction for the � f convenience market/gasoline station shall comply with provivions -3- 2-22-84 tt ,^' K. outlined in Articles 943 and 976 of the Huntington Beach Ordinance Code and shall be approved by the Design Review Board. . 3 . All applicable conditions of approval for Use Permit No . 70-26 shall be applied to this project. . ATTACHMENTS : 1 . Area Map 2 . Conditions of Approval for Use Permit No. 70-2fr. 3 . Site Plan, Floor Plan and Elevations HS % jlm 0330d i -4- 2-22-84 - P.C. i "94 MI-MHPRl Qa RI 1 k CF-C RI R' i I j•:Rl� Rt RI RI M vR!r w Rf RI Rt i J ! -r •urt Rl r: sa 1 Rf Rt RI t; { S. i R 1!Iqt ¢; � 91-CD RI.CD RI �- 1. ,..... 1 . u .ac wRI i3Ri-CD aRl•CD�7 t �_ Rt Rl��l Rt __� I s at ■_. � Pi 'r Rt 41-1i Q' ER] � t+ •; � '' CF :mot t�Rt is RIt RI CF-E Ri I_I l d� ,A n ' RI Rl S �, RI i M I C Q C F-R :. r f RI Rt a Rl RI ,.�^�x��" — 1?i ( �. -A Rl , Rt ,�, RI R1 1 , Qns •• „ TFLBERT ♦ .. CUT1134-01 - INATMIGMNst^04 MiJNTiNGT�! BEACH PLANNING DIVISION At the September 16 , 1964 C;cmmission. M ctinE! , the Co:,rnission voted to recommend that the City Council schedule a Publ is hearitig at. the earliest possible tiu:cs to p,-rr. it Garfield Is 1; itc Spot , Inc . the orportunity to show cause w}ty Conditional Use Permit No. bs - 35 shhould not be revokcd and also tc pertr.i t the public an ..r. por t ijni ty to express their views and concerns on the natter . At the October b , 19b4 City Council meetin€ , t11e n;at:al;ca:errt of Garfield ' s Nite _tct agreed to install t,ur:ps , initiate- valet parking and install a pcs t and cable s �s tau, adjacent to t }re� South and east driveways to prevent vehicles from. p;•ri. ing adjacent to the existing residences . As of No}emler 2C , 1. 9841 the speed Lurni,s- had net bt:cn i ►.stalled , t },e post-cable se•steu: had not been erected , and % alet parl. ir►g uas only uloed on October 31 , 1984 , ►o %,cmber 16 , I9b4 and Ncverlv r i 7, , 1 4b4 . Observations by Staff in the car. \ rcrriinh of kiovember 10 , I �-,fid 0 :00 a .r, , to Z : 30 a . r:. . , elf t I I C actiVitic=s orcc:rrirnc ire t Ill cl, j_,arkinp. lot of Garfield I'laca lead staff tc, cc`nc , udf. that 0,-v situ.: tian has not improved and ren.:-,ins a FuLI i c nti i sar.c_e to I-es l do rit s yard bus i ress owners residing; and working adjacent tc; Carf Ivid pla : a aemorFndua; IN'oc er:,be r 15 , 1 5 f•l . liISTC`':1 pre Julv 27 , 1979' , USc: F err, i t `: - - :C. a regt:cst to v -siat i lsl, an adult discotheque was subr. ittvd tr, tire Cite for proc:essirl-! . (11 f r August b , 15709 , the Loard (.,f -crrir:e r+d ; Ustcent5 a rc d, t }:c request . Building kern,:its for 1ntVTIC. r altuTZit20LS were Subsequently issu_-d on ;,ui,ust 10 f t er tilt- narr aI IC d ,v appeal was ever. Shortly of ter the• aT:g-eal p�eric,d et�dc , it uas brought to the attention of t }re 1vpartnvnt c,f Ec►•cloprer,t Seri, icC5 that , due to a pro edural error , three of the abutting properly owners had not been notified of the august it , Tubb.}. }rearing . Because of this , the !card of Zoning Adjustrtnts re-heard Use Permit No. 79-29 on October 301 , 197 c • _ On October 31 , 19;0 , the Loard once main a1 ;•rc;ti ti,c applicant ' s )request to establ ish an, adult discotheque on thu sub)ect property . Shortly thereafter , ar: appeal was filed b,y an ac; Ioininc ,: ruFci.v owner as well as mwebers of the. City Council . On November S , 11•+Z9 , Use Peribi t No. 79 - Z9 appeal was },earl by the City Council . A2 that meeting , the City (-.,uncil voted to challenge the approval of Use Permit No . 7Q-29 . On November 1 , 197S , the Depa. taietat of I)cvcicl.mc::zt ;ert .1c •.: requested a legal opinion regarding the appeal period for the second Public hearing held by the roard cf Zoning Adjustments on Use Tt:vit No. 79-29. It vas determined by the Citynr. tarncr that becnur,c bui Iding perti is :ere i ssued for i nter; or a l trrat ions , and tic)repeals were filed within 10 days frcu: the approval data or the first public hearing , Use Pcrmi t No. ;a - Z.5 was val i J and the oppl ieant had a vested right. to proceed k i th the pru jLct. 1 (:2�t32d� �2- Xoi-ember ' 0 , 1984 1 California Sun Disco is no longer in operation . The conditions of approval for Use Permit No . 75- 29 are attached for the council Is review. On February i , 1984 , the Planning Commission heard and approved Conditional Use Permit No . 83-35 , a request to permit the establishment of a video disco club within an existing 6 , 280 sq . ft . building located at 19070 Magnolia Street. . Staff was unaware of any nuisances occurring as a result of this disco until a citizen approached the City Council and Planning Commission in September 19A4 . Since that time staff has visited the site , presented their findings to the Planning Commission and Council , and now has been scheduled for a public hearing to allow Garfield ' s bite Spot the oppportunity to show cause why Conditional Use Permit No. 83- 35 should not be revoked . FUNDING SOURCE-: Not Applicable ALTERNATIVE ACTIONS : 1 . Impose additional conditions of approval to Conditional Use ' Permit 83-35 such as : - Prohibit parking after 6 :00 P .M. by physical barricade in the parking area at rear (south f, east ) - Valet controlled parking an Monday , {Wednesday , Friday , Saturday nights and all special events or holiday nights , - Restrict occupancy load by providing seating for 200 patrons . - Restrict the hours of operation from 6 : 00 Pb1 to 11 :00 H1 Install speed bumps . ATTACHMENTS : 1 . Memorandum to Charles IV. Thompson from James III , Palin dated November 15 , 1984 . 2 . Staff Report dated September 18 , 1964 . 3 , Staff Report dated February 7 , 1984 . 4 . Conditions of approval for Conditional Use Permit 63-35 • 5 . Conditions of approval for Use Permit 79-29 . 6 , Entertainment Permit dated February 21 , 1984 . 7 . Noise study from County of Orange dated August. 29 , 1984 . 8 . Transcribed minutes from the February 7 , 1984 Commission Meeting . 9. Ce&'t i•f icate of occupancy . 1`0 . Memorandum frota Chief. Robitaille to Chairman I'oiter JWP MS : jr AA November 20 , 1984 01TV OF HUNTI 01 MACH INTER-DEPARTMENT COMMUNICATION ENNA& TO Charles-W . Thompson D James IY. Pelin , Director City Administrator 0 Developnent Services Sublact INTERIM REPORT ON date November 15 , 1984 ACTIVITIES OCCURRING AT �kP'l��L��Pt,AZJI 0h`October 15 , 1984 the City Council directed staff to monitor the efforts of Garfield ' s management to control nuisances from activitiesoccurring in the parking lot adjacent to Garfield ' s Nite Spot . Staff was to prepare an interim report on this matter within thirty (30) days as ' part of City Council review of the Conditional Use Permit to be heard at their meeting of December 17 , 198-1 . To date , speed bumps have not been installed on the SiLe , valet parking was used only once by Garfield ' s Nite Spot (Wednesday evening , October 31 , 1984 ) and the southerly a,nd easterly dr. i'reways have not been blocked off to mitigate the noise created by vehicles and customers In this area of the shopping center. It also appears that the security officers have limited effectiveness in controlling annoying activities in the parking lot . y' On Saturday morning , November 10 , 1984 ( 1 : 00 a .m. to 2 : 30 a.m. ) staff observed the following activities occurring in the parking lot of Garfield 's Plaza : Vehicles reving engines , speeding and honking horns in the parking area . Customers screaming and yelling in the parking lot. People sitting in vehicles drinking beer. Two individuals seen urinating in the landscaping (one male and . one female) . Outside activities observed by staff on the morning of Saturday , November 10 , 1984 in the parking lot of Garfield ' s Plaza lead staff to conclude that the situation has not improved and remains a public nuisance to those residents living adjacent to the parking areas at Garfield Plaza . It does not appear that there has been a substantial effort to date to minisite the nuisances emanating from Garfield ' s customers contregating in the parking lot ; because of that , we are asking the Council to set a public hearing at the earliest possible time. r 7R"ecommenda t i on : r The ., staff recumiaends that the City Council schedule a public .hearing on. 'December 3 , 1984 . to permit Garfield ' s Nite Spot the opportunity to show. ceiuee why Conditional Use Permit No . 83 -35 should not be revoked Vy the , City Council , and to permit the public the opportunity to voice . `. ` their opinions regarding this Batter. Attachments : 1 . Area Map 2 . Site Plan 3. Conditions of Approval 4 . Letter from City Attorney dated October 15 , 1985 S. Letter from Police Department dated October 8 , 1984 6. Minutes of City Council Meeting of October 15 , 1984 JWP :MS : jr 1 boach hunttan 'drveloprinent aenrhris, epartmnff E ' OR PIann'ng. Commission 'FROMI. Development Services DATE: September 18, 1984 SUBJECT: G ARFIELD ' S NITE SPOT .;GENERALLY LOCATED AT THE SOUTH/EAST - f -CORNER OF MAGNOLIA STREET AND GARFIELD AVENUE ( 19070 MAGNOLIA STREET) At the' September 5 , 1984 .Planning Commission. mec&. ng,, a citizen a representing, homeowners in. the area•. of Garfield "s Nite Spot : repox;ted to; the yCommission' that numerous problems are occurring on' the SL ect praper,ty due. to the popularity of the recently. approved night club:. As_,.;reported-by the citizen, these problems included noise generated 'by customers -:an d. vehicles within the parking area, litter in the ,lend- scap ng and par.king area, lights. shining onto adjacent residential properties, • '$nd beer .'bottles being thrown over the east wall onto r , residential 'pr,ope'rties, . ' On Wednesday;: 'September 12 , 1984 a staff member from Development Services; visited tide'. Eite to evaluate the alleged problems reported '.. ' by'. the citizen . on September 5 , 1984 . Approximately four Tours were spent observing the activit'iea occurr- ing i he, Garfield Center parking area. The following observations were'.-made.,by staff between the hours of 10 : 30 p.m. and 2:3d a.m. on the , evening - of September 12 and the morning of September 13 , 1984'= 10-230 ' p. m Parking lot adjace'nt . to Garfield's Nite Spot was approx . imately 3/4 full. Parking. areas located to south and east, of cerit'er, were empty, u with the exception o£ two vehicles . At thin tune the parking ' lot•. was . generally quiet . ,,.Staff .,.observed three males drinking beer in vehicle while parked ifi • 9ne max vehicle .anda'deposfted�theibeerecanhut�beer , opened the door of the der -he vehicle . At this time the thi.ee males exi.t'ed the vehicle and went into Garfield 's Nite Club Staff "obaerved one security guard patrolling parking area on foot ; a 1;100 .'p.m,, ,- 'Parking lot began to fill up with customers vehicles,, .. ' lbin9 to 'Garfield,1s . However , there was still no line of customers . wafting. to renter nits spot , 1100 P..in. to 1: O a .m. Activity witain ,parking area included- noise. generated by,'peopl� yelling to fr. iends , , cars honking horns and veh`ic lit a' ,spee-ding in parking area. Parking areas located to couth acrid _ 00, ,,�% Garfield 's • t eld 's Nite . Spot - September 18 , 1984 Page 2 east of center were still vacant . Primary parking lot in front of Garfield' s was approximately 95 percent full at this time . 1 : 45 .a.m. to 2 : 15 a . m. - Customers of Garfield 's Nite Spot began exiting the parking area . Staff observed Customers screaming, yelling and hooting within the parking area. Vehicles "leaving the parking lot began to speed, burn rubber , skid and rev engines. Customers continued to socialize in parking lot in a boisterous manner . Approximately six near collisions between two or more vehicles were- observed in the parking . area during this time . Many of the customers in the parking area appeared to be intoxicated. Staff observed one person throw a beer bottle onto Garfield Avenue as he exited the parking area. Lights from vehicles exiting the parking lot shined onto approximately three houses located on Randi Lane. 2 : 20 a. m. - Parking area was now empty with the exception of approximately ten vehicles. Staff observed a small amount of trash in parking area and approximately four beer bottles in landscaped areas at this time. At the request of Development Services , a representative of the Fire Department also visited the site on September 12 , 1984 , It was reported that the occupant load at 11 : 30 p. m, was approximately 280 persons. This figure, -is below the occupant load of 402 persons for the 6280 square foot building established by the Building Division on April 16 , 1984 . Staff has requested a report from the Police Department listing all complaints filed and incidents recorded at Garfield ' s Center for the past three months . Since this information was not available at time of printing, the report will be handed to the Commission at the September 18 meeting. 1 Based on complaints expressed by a resident representing homeowners in the area of Garfield' s Nite Spot at the September 5 , 1984 Commission meeting . and staff observation of the above described activities occurring within the night club parking lot , staff recommends the following action be taken by the Commission : Schedule a public hearing before the Planning Commission to permit Garfield ' s Nite Spot , Inc, tie opportunity to show cause why Conditional Use Permit No. 83--35 should not be revoked, ALTERNATIVE ACTION: Permit Garfield 's Nite Spot, Inc, to provide a plan of action to eliminate and/or mitigate the above--described problems occurring within the parking area of Garfield 's Nite Spot. Staff also recommends that this plan of action be submitted to the Planning Commission for review and approval . ATTACHMENTS : 0%1 . Staff report dated February 7 , 1984 . 2 . Conditions of Approval for C. U.P . No . 83-35 • 3. Conditions of. Approval for U. P . No . 79-29 4 . Entertainment Permit dated February 22 , 1984 S. Certificate of Occupancy dated February 21 , 1984 6 Noise Study dated August 290 1984 -i ntin9ton beech devetdpr�rr00 servions departmenff REPOR MN TO: Plainning Commf La ion FROM: Development Services nFlTEa February 7 , 1084 `ONDITIONAL USE PERMIT NO. 83-35 APPLICANT : Garfields Might Spot, Inc . DATE ACCEPTED : 19070 Magnolia. Avenue Huntington Beach, CA 92647 January 20 , 1984 REQUEST : To permit the establishment MANDATORY PROCESSING DATE of a video disco club within an existing building . March 20, 1984 LOCATION : Subject pr6perty is located ZONE: C2, Community at the southeast, corner of Business District MagnoliaStreet ::nd Garfield Avenue , GENERAL PLAN: ACREAGE: 5 .37 acres General Commercial ''EXISTING TEi Shopping center J 0 , SUGGES'I'Eii ACTIOF s .� l,?- prove Conditional Use Permit No . 83-35 subject to the findi.rtige and conditions in Section 6 .0. *u GENERAL XNF'ORMATION: Conditional Use: Permit No. 83--35 is a request to permit the esteblisbmcnt of -a video disco club for adults within an existing 6 , 260 , Square foot building located at the southeast corner of Garfield Avenue and Magnolia Street . The proposed video-disco nightclub will provide Musical groups, comedians, and recording acts . The club will serve bWohol to customers and, -within a six month period, install an oyster bar. A eonditicnal use permit is requires for this use based on Section 9332ia) And ( d) of the Ordinance Code . A video disco club has neen determined ':o be a Simi-private club as well as an amusement ~w A•F M.1S• 1 enterprise. Since live n►usi.: will be played on varlous evenings , the applicant must.-also apply for an Entertainment permit an required by Section 5 .44 .010 of the Huintington Beach Municipal Code. This section states that : "No person shall provide or permit any type of entertainment in a coffee shop, restaurant, nightclub, or place where food or other refreshments are served and which is open to the public unless such person. shall first obtain a permit to do so from the City i Administrator as hereinafter provided" . r I•:3STORYs on July 27 , 1979 , Use Permit No. 79-29 , a request to establish. an adult discothe ue was submitted to the City for processing. On Au ust 8 � 9 Y p g 9 + 1979 , the Board of Zoning Adjustments approved the request . Building permits for interior alterations were subsequently issued on. August 30, 1979 , after the normal 10 day appeal was over. Shortly after the appeal , period ended, it was brought to the attention of the Department -f .'Development Services that , due to a procedural error , ' three of the abutting property owners had not been notified of the August 8, 1979 public hearing , Because of this, the Board of Zoning Adjustments re-heard Use Permit No. 79-29. On October 31 , 1979 , the Board once again approved the applicant ' s . request to establish an adult discotheque on the subject property. Shortly thereafter, an appeal was filed by an adjoining property owner as well as members of the City Council . On November 5 , 1979, Use permit' Vo. 79-29 appeal was heard by the City Council . At this meeting, the City. Council voted to challenge the approval of Use Permit No . •79--29 by the Board of Zoning Adjustments . The :notion was unanimously approved . 1 bri November 1, 19791 the Department of Development Services requested a legal .opinion regarding the appeal period, for the second public hearing held by the Board of Zoning Adjustments on Use Permit No. 79-29. It was deterained by the City Attorney that because building permits were issued for interior alterations , and no appeals were filed within 10 days from •the .`approval date of the first public hearing, Use Permit No. 79729 was valid and the applicant had a vested right to proceed with the project. California Sun Disco is no longer in operation . 1 .0 GENERAL PLAN, ZONING AND SURROUNDING LAND USES ..subject property: GENERAL PLAN DESIGNATION: General Commercial 2014E3 C2 (Community Business District) LAND USE: Retail Commercial North of Sub�tct Property Ir�r Y �- G�;;NSML PLAN DESIGNATION: City of Fountain Valley ZONEi City of Fountain Valley LAND USES Retail commercial �� -2 - 2-7-84 - P.C . i South of ARbject Pro ert : GENERAL PLAN DESIGNATION: High Density Residential EOM R3 (Medium High Density Residential District) LAND USE: Existing apftr tment complex .West of SubJect Properrty: GENERAL PLAN DESIGNATION: General Commercial ZONE : C4 (Highway Commercial District) LAND USE: Retail commercial East. of L!. est Property : ,fir yA M GENERAL PLAN DESIGNATION: Low Density Residential ZONE: R1 (Single Family Residential District) LAND USE: Existing single family homes 4 .0 ENVIRONMENTAL STATUS : II i. ursuant to Section 15101 , Class 1 of the California Environmental Quality Act Guidelines, the proposed use is categorically exempt. 50 ISSUES ANDANALYSIS : The proposed video disco club will include a dance floor , bar area, �.. seating , for patrons , wens and womens bathrooms and a lobby. The applicant l:as indicated that nightly occupancy will range from 30 to 45 �`. people . The proposed hours of operation are from 11 :00 A.M. until 2:OU . {;.M. seven days per 9 week . - The facility is fully insulated as required by the Board. of Zoning Adjustments under Use Permit No. 79-29, therefore, I ` 7 :.oiae should not be a problem to surrounding businesses or residents - abutting the. site . Records indicate that during the period of time Sun disco was in operation, only one complaint was received by the Department ,of '.Development Services with regards to the use. This complaint resulted be ause: _a rear exit .door was left open one evening after the air conditioning system malfunctioned. :6',280 square foot suite was originally required to provide 32 on-site parking spaces based on• a parking ratio of 1 space for each 200 square ,Based n a parking ratio of 1 space for each feet. of: rose floor area. e o .� p p 9g 35 square feet of main public assembly area, the proposed video-dieco club, is required to provide approxi,tiately 76 on-site parking spaces . The dxisting shopping center has 484 on-site parking spaces. Since the proposed video disco club is generally a nighttime use, on-site parking allocated for the existing offices stay be jointly used by the video disco .. ', as provided for . in Section 9791.11 of the ordinance code. During the time. Sun Disco was in operation, no parking problems were experienced within this center. 65 „0. RECOMMENDATION : Stsff recommends vli -if the Planning Commission approve Conditional Use Permit No. 83-35 subject to the following findings and conditions . , •,l.. FINDINGS ' FOR APPROVAL The proposed use is in conformance with the City' s General Plan . 2 . The proposed facility will riot adversely affect surrounding, land uses as well as businesses within the existing shopping center because the proposed facility is adequately insulated and on-site parking is sufficient for a land -use of this type . SUGGESTED CONDITIONS OF APPROVAL: 1. The site plan and floor plan received. and dated December 23 , 19831 shall be the approved layout . 2. The proposed video disco club shall comply with applicable requirements contained within Chapter 8 .40, Noise Control of the Municipal Code . I 3 . The hours of operation for the proposed video disco club shall be from 11 :00 A.M. until 2 :00 A.M. , seven days per week. 4. prior to occupancy of the video disco club, an Entertainment Permit shall be approved by the City of Huntington Beach. 5 . The rear..door shall be used as an emergency exit only, and not as a main entryway into the facility. 6 . Private security for the facility shall be provided nightly 'at the applicant' s expense . 7 . The proposed facility shall comply with all applicable fire and building codes prior to occupancy of the proposed facility. 8 . Prior to the issuance of a certificate of occupancy, written permission shall be obtained from the Chief of Police •permitting a dance or dancing on the subject property. A copy of said approval shall be submitted to the Department of Development Services prior to issuance of a certificate of occupancy . ATTACHMENTS s i . Area Map 2. Site plan, floor plan .3 . Applicant ' s narrative 4 . Conditions of approval , Use Permit No. 79-29 5'. Acoustical Report dated July 27, 1979 j1M O275d ,, -4- 2-7-84 P .C. i� _ t'► r—i ' _ ' 7 _ ,c Jr r_ RTY !IiSAP--�-'_ '—i �.I A I �'! r P j ( _R! I ^ RI + `�-� � 1^ R1 �a.r.cow Rl •• I _ I� RI t RI RI Rt �IRI}RS Fit R i Ri RI , E C 2 f 1 , RI-zr • f � i r � 'Q t � RA 1( Rl Rt !RI C4 na R3 - :.: �: _—_ t R! RI rt Rl Rt I Fit ; _ �Ri T . i ; = c R Rl t .--- R� RI f i a! , RE RI RI �) I>41 i RI sw.• •'r =p,� `�rRl f 1 R: �Y _i ;RI Ip,I ,Rt RI RI 7 ; RIr �--' I :aka. ca •`" ��•:-.'-"-"'�.I -.._-.• - _ � I 1 = *'-�.� '=�"L_ �-- , ` } RI I.f R; ti 'pr Rl R' v _ t)( i r RI ; ,• #_ �I Rt w 1} m 1- I RI Eft• •� _ .t ��. •.I 1{ tiRi is RlIT C Rt —i jC Tu A: i-f p! r �`i— R) - i� 61}- 4,mar RI l RI 1 i Ri @ �• R! RI:• Rfjai P•I ' j R RI RI'� RI i RI RI '� RI RII _ ` R! 1 1uc — Rt fir • MUNiMa,�OW sEnQ/ HUWIMGTOM BEACH PLANNING DIVISION i ! •r 1 Jill oil MAGNOUA raYR. di Av I '• 1 � ' *' y� "' � � \'\� Lid(;h t; y 1� 1:'• ,.^ �' ( I a i � I, .•ti 1 .. , ' Cr .. ,•:'.•ter• . ,' ! '�`•t'! ' ::.,'., '• I C f! "/�/�!..r• '' ..ir. •I ,. , �. ! •1.,'cil � i, t111 tw, •� , •�'' '. . r' � „ �� 1 •_ 71rs/.., ;.. ' • , Li',. -.f1 _�i ( ..,1's,r �.a wILI.IAM H. PATAIC.K •j=�I'.J•��+��MY.'�'�b� r R`��,• ��7 t• ,i•' i'`r�'�'�4�i'YW �, MMI.h , ',�+,�+.w•�rwrr�l�.r ��.�� ' »'•11 , ,I;,• � ,I NNL�e'•.� ' e 'Atrahit�eotutre , s '� I)I 7 •L'�'1 � ,• N•...�b I � .w,•wrw�Ir.�1!/MIN ..;.. �..� r•'w.••... �/•_•.. • l..�.4-T�d••k r�r.�..��. -!•Mom••..-- __ __ •.. •�r,�� 1IRIZQ- DESG'{ IP71ION UARRAVVE OF PnOVOSU; mtoax'r r-OR GAI;r1BLD' S IV ITT- SPOT Thai club I. located aL 19070 Magnolia St . , liunt:ington Deaeh , ,California 92647 . The area is in South Mintington Beach and the nearest cross street is Garfield . The -popula- tion is approximately 200 , 000 . The room will be* a videu- d.isco night club using• some spec.i,'Llty acts such as commedians and recording acts . Thr club will be serving cocktails and within a six-month period n►nount of time will be installing an oyster bar set up . We will looking for a crowd between 30 to 45. The description of the surrounding siren : There is a Chiistian Farmer ' s Harket and- several real estate offices and a dry cleaners . The physic, condition o f tlic� prober ty is i.n excellent shape--_a, very pretty shopping center. It has parking for '300 cars . We will be opening the club around 11 :00 a .m . until 2 : 00 a .m. , six or seven clays a week . A lot of. mon6y has been Put into sound prDnfing the room by previous owners . We tire looking to put into $100, 000 into impro Ing the building . Our intent: is to make the club the preftictst in Southern California . i I1.0TINGTON 13EACH DEVELOPMENT SovICES DEC 1983 P. 0, 864 190 NuMiri�tan 13enc,11,CA 92648 I•b ram, hunting ton Beach Planning Commission -..�:..� P.O. so X 1K � CALIFORNIA 92644 i.�ibruary 8 , 1984 :. ':'Nbl'i'i6iw,, USE PERMl:T NO. £53-35 A �`!�'�I'AN'T s Garf i e I d Night Spot, Inc . 19070 Magnolia Street Huntington Beach , California 92647 REQUEST: To permit the establishment of a video disco club within an existing building . .LOCATION : Subject .property is located at the soutbeast corner of Magnolia Street and Garfield Avenue . DATE of APPROVAL: February 7, 1984 LNDINGS Fc 4 APPROVAL : l . Tr,e proposed u.3e is in conformance with the Ci ty' s General Pl�,i . ,I ::e prt.•:.rosed facility will not adversely affect surround ,, lard uses at well as businesses v. . t:hin the existing shopping center be-,.a.i the proposed facility is adequately insulated ar:ra or,-•bitp packing is nufficic:nt: for a land use of this type . O OVDITIONS ryF ,PP£tOVA�,s The _ i t v plan dnd floor plan, received and dated December 23 , 1983 , shall be the approved layout . Ti:e rrnr---osed video disco club shall comply with applicable requi rei...ents contained within Chapter 8.40 , No' Contra' ' f the Mun �~ ip:il Code. 30 The m-,urs or' operation for the proposed video disco club shall b from 11 : 00 A.M. until 2 :00 A.M. , seven days per week . 4. . Ptior to occupancy of the video disco club, an Entertainment Pc: r rr.`. t. shall U, approves: by the City of Huntington Beach. •' The rear door ;hall be used as an en:t--rgency exit only, and not as a mein entryway into tre facility. In addition, the buildinr, shall bL: equi-r.pwd with an audible alarm and penis hardware . 19 i ,� r r � . Prig-4 ,.� s�E...ur :.�:y _o�: the facility shall be provided nightly at the n UplicanIt s expen. . 7 . The ro;7osed facility shall comply with all applicable fire and bui �ning codes prior, to occupancy of the proposed facility. I. 8 . Prier to the issuance of a. certificate of occupancy, written perrdsvion shell be obtained froA the Chief of Police permitting a- danne or dancing on the subject property . A copy of said approval shall be submitted to the Department of Development Services priox to issuance of a certificate of occupancy. i hereby -certify that Conditional, Use, Permit No . 83-35 was approved by the Planning Commission of Lhe City of Huntington Beach on Tuesday, i�ebruary 7 , 1984 , upon the foregoing condition: and citations . Very truly yours , Lrr e tiames W. Palin, Secretary j, m 1 r� BOARD of ZO(WIG AWUSTMErITS CITE' OF HIJUTlNGTV.4 UACM'•CALIFORNIA P. O. tax 1"."64 RiONE(114) 586-3211 USE PERMIT NO . 79-29 Applicant : I*M1 Architecture/Planning 18002 Sky Par Ic Circle Irvine, California 92714 Request : To permit the establishment of a discotheque `--ocation : Subjuct property is located at the south- east corner of Garfield and Magnolia . Date. of Approval : October 31 , 1979 t I`LNDINGS: 1 . The e�t:ablrshment, maintenance, and operation of the uz.e will not: be det.:ime'at.:,l to : a. The gezier.aJ welfure :);' per. s, ans residing or working in ttia vicinity; b. Propert:y and improve.,%ent-s in the vicini ty of such use or builtii.;g , "ati` gran1:ing. oL a Use Permit will not adversely affect the General Plan of the. City cf llunt:.ngton reach. 'I'he pro )osal is consistent: with the City ' s Geno 31 Plan of Land ." )iJUImIONS Or ARPROVA- : `TO BE COMPLETED PR TOR TG ISSUA,-,%-E OF BUILDING PERMITS : 1 . ThL: conceptual I),lot. E:•lan and elevations rectaved July 2.1. , 1979 shall be the approved layout . ti 6 GENERAL 1 . Applicant_ impl`rnc:nt ali reconmiendatrion:1 as sc:t: forth in t•t,a Ac6ustical Analysis submitted to the on August H . 197Q, 2 . The hours of operation shall be limited from 9 : 00 17.m . until Zoo a .►� . CondIti�..4 at A;,pro-r 1' rate Pecrni t No . 79-:1-1 Page `Pwo 3. The rear door shall become an emergency exit only . 4 . The applicar,+: shall provide private security, number and procedure f� u be approved by the Police Department . 5 . The City sh-:11 , through (- he County of Orange, conduct a n.:ise inveWc.iyati.on (after the fact) . Said cost shall be L,:)rne by the appl.icanL- . The Planning Department will, perform a cc!»4Lehensive plan check relating to all Ordin�.ince L,-)de requirements upon suUmittal of your C:amplete'd ::tructurai dr:,wings . I. Please be advised thz L the Board of Zoning Adjustments reviews the conceptual plan as a basic request for entitlewe;,t of the use applied i_ for in relation to the vicinity in which it is proposed . The con- ceptual plan should nct be construed as a precise Plan reflecting conformance to all Ordinance Code requirements . i is recommended that you mniedi.aLe.ly pursue completion of the Con- ;:itions of Approval and address a 11 requirements of the Huntington i3each Or 'i nonce Coft in order to xpe�dite the: processing of your . total applic.-Ition . i hereby r r r. r fy kh_ Use Permit: No . 79-29 was approved by the Board of of the City of Huntington Leach, California on uc:t:ober 31 , 1979 , upon the foregoing findings , conditions , and citations . a, rr, es n .. Sp nee , ecr'� eetta�ry Board 'of waning d j u semen is i ` 1� - �✓rW11r�M�(y•.ti••a.. .w�lY..,• ..u�.�I�L.r.• ..nv •l..••.:.yY.+•r....,,,.ter..... .. ......�.,... ... .. .r ..nr......rr�.►N...w�.1Y•M►+Yr.��•r..n....Mri a.•.. •y CITY OF HUNT'INGTON BEACH '�► 2000 MAIN STREET CALIFORNIA 926, P. O. BOX 70 POLICE DEPARTMENT T�-: (714) 960.8811 � EARLE ROBITAILLE { Chief of Police • l� • Fcbruar; 22 , 1984 GARFIELD NIT'E Sp0'r, . INC. c/o W. Berkeley Deruiis • 19070 Magnolia Strcc;. Huntington Beath, C♦% 92646 ' Gentleman: Permission is grantac allowing dancing opt tie premises of the PTOposed business to be operated at this address, I This permission is based upon and contingent upon operation of the business as stated in your application for an entertainment perm::t , and compliance with city ordinances pertaining to nightclubs and . r•nter�ainment , as outlined in Chanter Five of the Ihmtington Bev.:h Municipal Coale. 1 Sincerely, MI.�, • •. . I:�UZI.I: lti'. 1ZOliI L . Lliief of Police S.R:NIS:bmr rc: Department of aevelohmcnt Scx'%? -es City- Licensing • :• drt re W 07 CHARLi* D. KrRN/, rM.d., MBA OPt AUNTY t�F RA�QE DIIIRCT L. R<X tNLINd, M.o. k MtALTH OFIFICt11 S `� HEALTH CARE AGENCY 17!!f Wlsr 1 7TH 0'rR lANTA ANA.CA 0l704T00 ' TtLtFH*W4K1 714/834.7601 MAILINN ADDRtls, F.O. BOX 795 •ANTA ANA:CA 92702 PUBLIC HEALTH AND MEDICAL SERVICES ENVIRONMENTAL HEALTH August 29, 1984 HUNTINa7ON BEACH DEVELOPMENT SEWCES Mike Strange SEP Associate Planner City of Huntington Beach 90 2000 Main Street P.O. Box 1 Huntington Beach, CA 92648 Huntln&n teach,CA 92648 Subject: Noise Study in the vicinity of the Garfield Night Spot 19070 Magnolia Street, City of Huntington Beach. Dear Mr . Strange : At your request a noise study was made in an adjoining resi- dence located at 19021 Randi Lane to determine if noise being generated by persons parked in automobiles behind the Garfield Night Spot exceeded the City of Huntington Beach Noise Ordinance. The noise study was performed Friday and Saturday on August 3 and 4 1984, using a Digital Acoustic type 603 recording sound level meter, with the microphone located at the second floor bedroom window. Analysis of the results indicated that the intruding noise did not excised the noise ordinance standards coo that an observed noise ;monitoring would be of no assistance to reduce the noise ' in the parking lot. it is recommended . that other means such as tha police, should be used to abate this nuisance type of noise. I don' t believe that we can do anything else at this time . Almost five years ago when the entertainment center was first proposed for the California Sun Disco, A noise study was performed two doors to the south at 19071 Randi Lane . Al- though I did not perform the actual monitoring I did analize the date and wrote the report. To the best of my ability I believed that the recording location was similar in both cases, until I compared the data ,in the two studies. In general the results were nearly 15 d8 higher in the last study indicating some anomoly. Searching the investigators log I found an obscure reference that the actual monitoring was performed in the second floor bedroom instead of outside as I has originally believed. Mike strange gust 30, 1984 Associate Plann Page 2 City of Huntington Beach Fifteen dB is usually assumed to be the diffe-:ence between interior and exterior noise readings, so if the data for the two, reports :is, shifted 15 dB the two reports. become almost identical,, indicating that the noise in the parking lot has not 1hcreased in the last five years. only by repeating the second study with the microphone inside could this theory be ;proven. As interesting as the information would be to we I don 't believe that a second test is justified at this time. For your information I have included the first noise study. If you have any questions please call me at 834-6798 . Sincerely yours, Ellwyn G. Brickson, R. S. Noise` Control Specialist Division of Environmental Health EGB:bjd cc: Ted Enders Ass . City Attorney - City of Huntington Beach Don Shaw i Land Use Technician City of Huntington Beach ?attachment DATE: February 7, 1984 SUBJECT: CONDITIONAL USE PERMIT NO. 83-35 APPLICANT: Garfield' s Nite Spot, Inc . 10070 Magnolia Huntington heath , CA 92649 REQUEST: To permit the establish- Tent of a video disco chub within an existing building LOCATION : SE corner of Magnolia St and Garfield Avenue in a 5 . 3 acre shopping cenL•er ZONE: C Community Bus . Dist. This request is to provide a video disco nightclub. wh.ich will bring in musical groups , comedians , recording acts . . .the club will serve alcoholic beverages to customers and within a period of approximately six -months they hors to install an oyster bar . They will entertain nightly. . . they are anticipating an occupancy load of approximately 30-45 people . Their operating hours will be from 11 :00 a . m. to 2 :00 a . m . seven days a week . The facility is full y y Y insulated as required by the Board of Zoning Adjustments Use Permit No . 7929 . The 6280 square foot suite was originally required to provide 32 on site parking spaces based on a parking ratio of one space for 200 square feet based on the present parking ratio of one space fr each 35 square feet of main and public assembly area . The proposed video disco club is required approximately 76 . The e x i s ting ' shopping center provides 484 spaces on site and the 'par.k ng 7 can be allocated amongst the existing offices and jointly used by the 'video discc) club and should provide no problems . Staff is recommending approval -of Conditional Use Permit No . 83-35. One of the re�isons that we ' re in total concurrence with this in that _ during the life time of the former Sun Disco operation, ' no parking problems were: incurred and there was only, 'one noise complaint and : that ,was on a day . that their air conditioning broke down and they had to open the back door . So apparently, the Sun Cisco did not make a bad neighbor or money. What Wouy'd be the capacity. for that facility? That seems like an i&wful ,_low roust. Approximately 15 sq . feet per person in the assembly area. This has 6280 sq. ft. not all of which would be aastmbly area. Dots the firs Department set b cap on that? '!'hays right, they. would eot an occupancy load. ,,�/ Do we ; know what theft figure would be?' As far as the occupancy load, we generally figure. for a .seating establishment 15 square feet per person : On a dancing floor, thisplace hq's both, you would figure roughly7 aq . ft. per person, so i t would all have to be determined in the total , square feet . This was the type of use that i't was before? Yes . It,,.was , a'dequate? Yes . 1 had an amendment that had been indicated to me at the beginning of the tne'eting that the appli ::ant would be here , but I don' t seb him at the moment . E3owever, I will open tiff public hearing at this time on Cot dt ti cinal Use Permit No . 63-35 . Anyone wt sh t ng to address the Commission on this item will close the public hearing . Commission': I would like to a--Lk one question . Do you know, what -that -banner says by an} chance or is it just a phone number? It is an 800 number, I am assuming it is a leasirrg banner. .0jie. 'a they - thing on Condition Approval No . 5 it says " the rear. door shall be used as an emergency exit only and not as a main entry way to the facility. " I would like to suggest that the .words be added $amethina ' to the effect that " trig door should be equipped with. an actuation alarm and appropriate hardware " or words to that effect . slo' i f it is open, it aa.artns andtbly. That usually polices the whole thing because the owner doesn ' t want to continue to have the problem of` .the alarm going off . hto ttdn to . move for approval of Conditional Use Permit No. 83-35 subject . to the revised Findings and Condi tions in Section 6 .0 with -the 'revision to Item Number 5 as stated. Aba6hk: 2 he Poi ion passes . M$ : ejh ( 12:/6d) APPLICATION FOR CERTIFICATE OF OCCUPANCY CITY OF HUNTINGTON BEACH 1 DEPARTMENT OF DEVELOPMENT SERVICES MKN 1PRINT OR TYPE ONLY) DATE 19070 Magnolia St . Huntington Beach, CA District . 'usiness Name _.. Glrfi€lA '_SAite Spot-. Inc leiimP '714-43 2-8862 oinuss Type ....Kite club DISCO Occ. Group _ BUILUIffr& OVVNER UWNERIMANAGER Cal West_Realty Fund 80 N811,e Garfield ' s Nite Spot, C 0 Burk Aenrti; .1�IrBss 4-491-At1A n-t L -AV e,+_ 4 00 Address 2900 nr iL tol St . jq�j A- Qo3 ,Y �Ioing_Beach . CA 90807 Tel. c;ty Costa Mesa CA 9-2626 _ Te�_`r�432--886i .IIS USE WOULD BE DESCRIBED AS: NEWLY CONSTRUCTED BLDG. a CHANGE: OF OWNER CHANGE OF OCCUPANT ' AEXISTING BUILDING CHANGE OF USE ADDITIONAL OCCUPANT a ate loaner use, if any Nite Club.-Disco _ Occupancy Gr. Diva . " q . Ft. 6 , 280 ". `I CE: 1. Occupancy of any building is prohibited and a business license will not be issued until the building has been inspected and a certificate of occupancy is issued. 2. No electrical service will be released for any existing building until the service has been Inspected and certified safe. All applicants fur occupancy in an existing building are required to schedtile an j electrical 'fuse up' inspection in the Department of Development Services at the time this appiica• tion is filed. 3. Change of occupancy or use inspection fee.. Whenever it is necessary to make inspection of a build• ing or premisea in order to determine if a change may be made in the chatracter of occupancy or.use ry y of the building or premises which would place the building in a different division of the same group of occupancy or in a different group of occupancy, it change of occupancy inspection fee of $30.00 shall bs paid to the city. 4. Nuntiripton Beach Fire Code Section 10.208 requires that building numbers must be a minimum of four (4) inches in height with one half (h) inch stroke, and of a contrasting color from the back. fyound. These numbers must be posted on your building in a location that is from the street. 5. Eiiuniinyton Beach Fire Code Section 10.301 requires fire extinguisher selection and distributiem per the Nationa l'F ire Protection Association pamphlet 10 (see reverse side). f 3 SV iFOR OFFICE USE ONLY► IfPPLEIAENTAL INFORMATION t 11UAfit: FT. OF BUILDING a _ PLAN CHECK NO. . ---- NO;PARKING SPACES `it;CUPANCY GROUP PERMITNO. HEALTH DEPT. APPROVAL iCCIIOANT LOAD ADMIN. ACTION _ .... ._ UTILITIES RELEASED t0R lES A .,= A,4Atea&_,.r..—.. �.�GStL CERTIFICATE OF OCCUPANCY FEE Gib I'f'RUVCfi,liY DATE CHANGP OF'OCCUPANCY FEE S �... TOTAL` HEJ• !!" CITY, OF HUNTINlC,�TON BEACH �.`,, INTER-DEPARTMENT COMMUNICATION IN•All�allti�1�1111 ;f �To jw) tiannts Of: ` w. From I:IJU-l: tt'. RORl'!'�1II.L1i I'IJ'IhNING (;04IISSWN . I:hier of" 1101 ice VIA OWN Of (:(>�l,1l11+II1 ,slid - -' Date �)t;It�itlat J, 1�ti�1 Mk-nd), Is crl' my ::l';iI'I' h;ivv hrop"Ired the nt-t;idled report for your cons idenit ioll. taYlt/r;rl I;UNTIAIGTON BEACH Attachment DEVELOPMENT SERVICES . cc: Lt. Schnchl .in OCT C r P.O. Sox 190 Huntington Beach, CA 92648 CITV OF 14UNTINGTON BEACH :�.`,i '•'1r INTER-DEPARTMENT COMMUNICATION i1t1111MatIN YIA[II To rI. SCI NI: UNI t 1.11:UI'i:11t1t3 i' From B. STfL NG1,%, DE1711CTIVE VICE/t1RGANIZ1;11 CI1I1NII:/N11111.('0I'I('S Vlraij(�ll(�1\'I�:I:U fatl(+I[i Silfiica:t cI111t1 11a.11'.ti MITI: ti1101' Dille t)c`1'0ISIA s , 1919.1 On 1l) !� -tit , 14-h-L-1 ivy' 1"01101LIN mid I wvnt it) CA11WI FLI)I S N ITF I-"110I', 10L,11 cat :It 19070 1Aignol ia, lhrltt. inglon Beach. h'c arrived at 1O: 311 P.M. , and I not iL:Vtl. the I'rnnt por•kirll; lot to he completely I'i I led Id 1-11 CUStwrWt's ' c nrs. I o l so obseTvod approx inlately 75 ccistomers standing ill ]ilne waiting to enter GAR VI F111' S. I noticed that rnany of the ;rrr-iving customers itiere forced to Irlr•k their c;Irs to the rear of GVtHEI.I)'S. 111.is area of parhi rl� i S sec1LILIecl from the front ;area of the night spot and it border.s .a res ident"io l tract that -is onst: of GZARtPIELn'S. Detective LOIICIILIN and I sat to the rear of MRVIF:ID'S between 10:30 anal lt : ?4l 1'.i%l. 1 noticed this parking area to be extremely ;active. People would he constantly .irriving and leaving v.ith swine vehicles r:rcine up and duwn rite parking arca. I)ul•illg this hour [ abseil►Cd ntullerolls incidents -.dherc pc:olrl o would return to their vehicles , ,vc I l i ng irring; tllcrlscl v(t S anal other inc.idvnts where people wild just stand or•otind thci r cacti ;lad t.;llk wry loudly ai;lollg thollisvil,cs. On one rrlcident 101':;L'ITC(l 1-WO VC'I)tC1CS C0I110 i':1C1:1g IlltO dIL' r•c:;t r• pal J-k i rig; lot . Il w vi.'h i c l c•:: c;nrlc t u ;t ::C r•cVc•h i rlg; 11,1 1 t With 010 (lcci 1MIlt ti' of, 111C :;e cored vvllidc cKil li'lli;ink; to fit.,lll the e,l(��:tlll:int� OI tlt� I i r:,t Irvine lo. '11tic' ::tth j c'� is VW IV )VI I i n;; ;nld p1lsh i ng; c';Ich cat lie l• 'llid i I" i t 1ti:1'i;l ' t. for ;i t Ili rd pArty th;rt intervened , n fight would halve hrok-vn writ . Al-tcr ten Inillutes of peace-ill;lking 010 SilhjrCts 1e1't the area. At 1 1 10 }'.I�t. , Itctvc't ive 1.CI1GHLIl`' and I walked through the front parking lot: of I observed approximately 50 people standing in line wiit.in, to enter (WIIJELIPS. Ve lv;rlkcd to tale west portion of tho parking lot .;here 1 observed a Jnale subJect st;lndjn.9 in the lot urinating; next to his vehicle. 11 V ,u1)jcet was in perfect viet%r of passing; customers . We continued our patrol t'.hroug;h the lot aired Were U11,11 ie to ioc.ite amy security guards . pete:.t.ive I.i1UGlI[.IN ;Ind 1 positioned ourse.lvcs on the thir�J flaw✓ of ;i ncig}iharing b;ink where we had a perfect yim of the front parking; lot. By 12 midnight there were about 25. peopIc standing in line waiting; to enter CARIFIELP',S ;Ind it appeared that the flow of pcoplc leaving the htNinCSS equalled the flow :lrrix•- inc;. 'Ibe front lot. retiviined full , cautiinl; the arriving; CW;tamCJ's tO p;ITL in tlly rear p;lrking; lot. Itillile Standing rin the hank '; third floor I could ho.lr ;1 111-rle and felliale ar'"DinG i11 the -Car lot . 711C f•cin;lle wits screaming✓ very loudly and this argwient Im., cd for apprwxilnatc]y ]t) to l a minutes. Wehere positioned ;Ipproxinl;Itcly 75 to lOR yards fro;rl the fighting couple. 1 c:oltld { also hear vehicles r;iciny in the re;tr parking lot , ;Is i:oll as obsom. rncing; Vehicles in tile.` front parking; lot . I oh'.Wl_vcrl ;I 'itrhjcr..t next to hi ; C;u' ill I t hr f r•ollt lot 'llid Ill' 1 ;I s vonl i t i ll '1110 :;uh j cct fin 1 she'd velar i t i n►; ;Inc: t h.•n gnt. i C1'v V OF HUNTING TON BEACH INTER-DEPARTMENT COMMUNICATION Minu�4tu�ri cii To I?/11:1,1: IV. 10111'17111.1.1: rroni t N SO LNEB1,1 N, ('III I.,I, OF ht(:I:/r)ilc'11Ni 7-1:1) CRI�\iI:/hr W-0-l•I(s Suhivct iiAR NOi SI: 1'Itc)1;1.1115 Date (K"1`01WIt IS , 19,4.1 ' A probl cm of no i sc from bars adjacent to residential areas has long been cup ,1gi�r:1V.'1tion to both :1fl70CtCd retiidents ;Intl city Stiff. '111c problems socin to arise at establ-ishments that sell alcoholic lhevarages and also offer entertainment ;Ind/or dancing. ,Some recent and past examples :I rc i . 10 11RO1)'S i`ia i n and Reach 2. ST(VIY11Ri) Atlanta and Beach - tJIRi'IELD' S Gnrrield and ,k1agnolia 4 , h'I(iSKEY CRE K l;arner and Springdale ' S. tt'I I I SKIP !t 1 Z .lkla i n and 110:1c h h, 01.1) 1,,'0111,I) World Vi 1 kip '!'hc• - I'1:1IIriill Caliv11issimi is presently holding hunrings on noisc :ind parkIM, lot iirclblem'; at G\A.*11:1.1)' S 01111 h;I\►c hc•cn r'c(lucstVLJ to 1-evo}.c th'.' conditicm"I " 1 Utic- peivi t ol' th;:: ust:lhl i siment. '111;It i5 ,111 extreme nlcasui•c. Usual 1)• tlicsu problems c;:II: ho resolved with some understanding 01 compromi.sc oil hods sides. Howe\, n those solutions :Ire; bener:tlly :lrrivcci tIt aiil)► after c:ansicicrable pressure by city► staff anti often there as no vnl id authority or ord inaticc to back up the conditions set down. I believe that the I'llanninl; Uiv.ision was working in the right direction tdbcn they set some admini.strat ive guidelines to ass-ist them in condi- tiunal Ilse j)CI7111ts oil public dance hills. J feel this should he carried further and some zoning ordinances enacted somewhat like those governing achilL etttert;linnlcrtt businesses. '11ic ordin- ance cutild regulate in one or all of the follov:ing ways : i\, No on-sale :alcohol bcver,IGe business within 200-500 root of any residence. R. Any on-sale alcollol heverage bus-inoss within 300-S0O feet of :iit}• rrsidrncr. t+nultl not be ,1110WOd to OHM' arty r0nn of entrl•ta iriment 01' L1,111611g. C. Any tin-sale alcol1ol lieverage htl::inoss wishing; to locate• 111fc1' l'il2t'1'i;lifUlllllt i,riLhin .!0I)-500 fC'ct llltisi Oht'.ali1 IiHtten 0111SCnt Of ,111 residents within th:It di stMICC . (Co(Ild cadso p1•uh1L ; when some residents sell) , into his rnr. After ;1 few minutes Ilo tc ct i ve 1.Ot1!HIAN ,.n,I I h'a aril past the L•:l r and oh-'e r-velt tile sl►ll,j er t to he as i OCI1 ill Ole scat .. The Subject '`: IM111 W01T U11110110 .111d h i S till i 1't MIS lillhl IC L0110J . At 12: 30 A.M. , Vol ,, ct: ive 1,01I0. 11AN and I returned to till,' re:11• Irlr}:inl '. of MICIV 1;c Silt ill O'll' L•,. r'. At approximately 1 : 00 A.fM. , 11c;rucl ive I.01A;I 'l.11"", and I CaIll;IM h-.0 111.1 I l':; -IL".vi.-pt i ng, to break i iltO Vl'11 i l.:.l l',:; 1?:11.10d ill t he I.C.11• pa rl - 111}; 11►t . 1hl` llv'O `:1111j1'l'' ': 1Cl'I'l' ;II'1'C'titC`ct 11(lti;�l'1si n (:I lNll'1;l;Ii')' foolti and ll{1(►I�l't� ;ll 111111t Ill-Mon Vt.:ld • bill ice 11l`11.11•t It1l`111 in I Irlr ' I r Publish November 22, 1984 NOTICE OF PUBLIC HEARING CARFIELD'S NITS SPOT CUP 83-35 NOTICE lb HEREBY GIV3N that a pu':tir hearing will be held by the City Coucicil of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of :30 P.M. , or as soon thereafter as possible on Monday the 3rd day of December, 1.984 , for the purpose of considering wry Conditional Use Permit No. 83-25, an approved permit for Qarfield' s Nite Spot, located jt the southeast corner of Magnolia Street and Garfield Avenue ( 19070 Magnolia Street) , should not be revoked because of \ nuisances created. A legal description is ' on file in the Department of Development Srrvices. i All interested 2ersons are invited to attend said hearing and express { their opinions for or against said Conditional Use Permit No. 83-35. Further information may be obtained from the Office of the City Clerk, 20a(1 :Main Street, Huntington Beach, California 92648 -- (714) 536-5227. ` bated: November 13,' 1984 CITY OF HUNTINGTOi BgACH t . By: Alicia M. -Wa'ntwoirth. r City 'Clerk t`�� 41i Publish NovembeL 22, 1984 NOTICE OF PUBLIC HEARING GARFIEID'S NITE SPOT - CUFF 83-35 NOTICE IS HERESY GIVEN that a public hearing will be 'geld by the City C)uncil of the City of Huntington Beach, in the Council Chamber of the civic Center, Bunting ton Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 3rd clay of Deceirber, 1984, for the purpose of considering :thy Conditional Uae Permit No. 83-35, an approved permit for eT Garfield's Nite Spit, located at th! southeast corner of Magnolia menue and Aue-ije. :St.)0.() Garfield Ctc—t !19070 Magnolia AMM) , should not be revoked because of nuisances created. A legal description is on file in the Department of Development Services. All interested persons are invited to attend said hearing and express ':heir op:rions for or against said Conditional Use Permit No. 83-35. Further information may be obtained from this Office of the City clerk, 2000 Main S;:reet, Huntington Beac; California 92648 M (714) 536-5227. 'Dated: Novenber 13, 1984 CITY Off' HUNTINCILN BEAM By: Alicia M. Wentworth City Clerk Publish NOTICE Of PUBLIC HEARING NOTICE 15 HEREBY GIVEN that a public hearing will be held by the City COU1101 of the City of Huntington Beach , in the Council Chamber of the Civic Center , Huntington Ocach , at the hour of -7 P.M. , or as soon thereaft,��- as possible on ,.1,�, j+6 the day of _��/1_ lye for the purpose of cinsi Jeri ng _0 AAC P � 1 &WO � «�� .6�eet q.a7o 1`�."At? Icy Ad&-At/& Awoe, � � 1 6hO U no � &rea+eC A t4j , ---P& et t4 All interested persons a -e invited to a tter,d said hearing and express their o1iinions for or against said 4:64L4 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach , 1_3l i fornici . 97648 - ( 714) 5^8-5227 DATED �....��..._.._.�_.. _ _._ CITY OF H!1^;TINGTON GLAD., By: Alici,: I". WenLviorth City Clerk NCTI.0r. TO CLERK TO SCIIEUULE PUBLIC IIF.ARINC ITEM 66))d li f m1,�l TO: CITY CLEWS OFFICE DATE : i F ROM: � .SC�' .A �.r.�� 1-46�vf) TW' Q47 PLEASE SCHEDULE A PUBLIC HEARING USING THE A'17ACUED LEGAL NWICS FOR THC :13—) —,)AY OF MZt b<Z- 1 AP' s are attach 10*1 AP ' s will follow No AP' s •. Initiated by: Planning Comission Planning Department V Petition * Appeal Other Adoption of Environmental Status x) YES , NO Refer to _.... r-11G.�,l Planning Department - Extension # i for additional infra;-itinni. • i * If appe please- t-ansm$t exact wording to be required in the legal. :; 153-441-25 153-441-36 153-441-27 Lail:), V . RenreL•h iamb, Dorothy E. TR Lamb, W. Kenneth Schumacher., Frederick J . :•latson , Craiq L. et al Snyder , I;obert W. 19031 Randi Ln . 19021 Randi Ln. 19011 Randi Ln. Huntington Bch . , CA 9264G Huntington Bch. , CA 92646 Huntington Bch. , CA 92646 153-521-01 153-521-02 153-4231-02 Voltz , Joseph Leo Jr . Gottlieb, Selvyn Lamb, Walter D. TR Mobil Oil Corp. Tax Dept . 329 S . Camden Dr . Ilardisty, Pennv.? L. G12 S . Flower St . Beverly Hills, C'h 30212 9021 Hyde Par% Dr . lion Angeles, CA 90054 Eluntington Bch. , CA 9264G -153--431-03 153-431-04 153-431-05 Lamb, W. Kenneth Lamb, VI. Kenneth Lamb, VI . Kenneth Graft , Steven R. Laitres , Richard S. Occhipinti, John C. 9031 Hyde Park Dr . 9U41 Hyde Park Dr . 9051 Hyde Park Dr . Huntington Bell . , CA 92646 Huntington Bch . -, CA 92646 Huntington Bch. , CA 92646 153-431-06 A-431-07 153-431-00 Lamb , W. Kenneth Lamb, ;•I. Kenneth Lamb, VI. Kenneth . &/or Chavez , Anthony Eloy Iiokuf . [Sites B . Curry,mRobt. P. ( JT ) 9061 Hyde Park Dr . 9USI Ilyde Park Dt . 0302 Drybank Dr . Huntington Bch. , CA 92646 Huntington Bch . , CA 92646 Huntington Bch. , C4 92646 153-431- 09 153-431--10 153-431-11 Lairibt W. Kenneth Lamb, VI. Kenneth Lamb, W. Kenneth Vielma, Stanley Dnblankenj Jan Griffin, Wyche G. 9.101 Hyde Park Dr . 9111 Hyde Dark Dr . 9121 Hyde Park Dr . Iluntington Dch . , CA 92646 Huntington Bch. , CA 92646 Huntington Bell . , CA 92646 153-431-12 153-431-•13 . 153-43.1-14 Lamb - W. Kenneth et al Lamb, td. Kenneth Lamb , W. Kenneth Hidersr'n, Ellis J. &/or Tyree, Erma J. Corona, Velt:a UIVI) 19161 Randi Ln. 19151 Randi Ln . 19141 Randi Ln . Iluntington Bch. , CA 92G46 Huntington Bch . , CA 92646 Huntington Brh . , CA 92646 153-431-.1; 153-431--16 1.53-431--17 : Lamb, Waltcr D. T? &/or Tyree, Erma J. GrIffin, Wyche B . 1�9�bmlTl nlaT�lta Lamb, 1-1. Kennett, Lamp, VI. Kenneth . 19141 Randi Ln. 19151 Randi Ln. 9121 Iiyde Park Dr . Huntington Bch. , CA 9264G Huntington Bch. , CA 92646 Huntington Bch . , COA 92646 153--431-18 153-431-19 153-431-20 . Lainbu. Dorothy: L. TR Lamb, Walter D. TR Lamb, Walter D. TR Dnblanken, Jan Vielma, Stanley Curry, Robert T. (JT) 9111: Hyde Park Dr . , 9101 Hyde I•ark Dr . 83.02 Drybank Dr . Iluntington Bch .-, CA 92646 Huntington Bch. , CA 92646 tluntington' I3ch. , CA 92646 .153-431-21 153-431-22 153-431-23 Walter D. TR Lamb, 1-1. Kenneth Lamb, W. Kenneth 'HokuE 9psl ,p Hyde Park 'Dr. 90G1 II Miles 0 &/,sir ' Chavez, Anthony Eloy Occhipi de Park Dr . nti. , John D. y 0051 Hyde Park tiro . Hdntlhgton Bch. , CA 92646 Nuntington Bch. , CA 92646 Huntingtan Bch. , CA 92646 r . Garficl�l ' � 11it:e Snot , I.^.c. Garfield ' s �! it-e Slot.- , Inc. Cal Wost Real Estate Fund 20070 Magnolia Ave . C/O Nark Silver C/O August ifana�ler�tent Inr. , Huntington Reach, CA 92646 444 1•11. 10tii 'St-rect 4 ,101 Atlantic ?venue SanLZ, Tina , CA 92701 :quite 400 Long Beach, CA 90807 .lames A. Moore Royal homes Uri Azgour 9192 Oriole Avenue 9168 Oriole Ave. 918U Oriole Ave . Fountain Valley, CA 92703 Fountain Valley, CA 92708 Fountain Valley, CA 92708 157-20 : -19 157-201-21 .157-201-20 Robert E . Cilermak Allen I . Messing Theodore N. Brewer 1U951 Acacia St . 18963 Acacia St . 0752 Frazier River Circle Fountain Valley, CA 92708 Fountain Valley, CA 92700 Fountain Valley, CA 9270B 157-214-06 157-204-07 157-204-00 Donald Ii . Patterson 11 & D Imperial No . 1 Durtis Corp. 18985 Acaa;ia St . P. 0. Box 2.114 P . 0. Box 7600 Fountain Valley, CA 92708 Santa Monica , CA 90406 Los Angeles, CA 9C054 157--204-09 157-213--13 157-213-19 153-442--01 153-442-02 '153- 442-03 Lamb, W. Kenneth Lamb , 1.1. Kenneth Lambf W. Kenneth et al. Spencer , Robert E. ,Seigler , Herbert H WT) &/or Carroll , Dennis E . 9 ).61. Sherry Cr . 9171 Sherry Dr . 9181 Sherry Dr . Huntington Bch . , CA 926.46 Huntington Bch . , CA 92646 Huntington Bch . , CA 92646 i 153- 142--12 153--442-13 153-4 42-1.4 f. :;nb, W. Kenneth Lamb, W. Kenneth et al Lamb, W. Keanc:th Peters, Larry E. WT ) Carroll, E;dmu&' P. Adains, Alexander 11. . 91.72 Sherry Cr . 19032 Randi Ln . 19042 Randi Ln. ifuntington Bch. , CA 92646 luntington Each. , CA 92646 Huntington Bch . , CA 92646 .153-442--15 153-442•-16 153-442-25 Lnmb , 1-11. 1;enneth Lamb, 1-11 Kenneth Lamb, 11. Kenneth Creenhalgh , James Peterson , Ramon L. et al Anderson ; Itebert D. et al 1gU52 Randi Ln. 9171 Willhelm Cr 918' willholm Cr , Huntington Bch . , CA 92646 lluntingt•- .. Dch. , CA 92646 Huntington Bch. , CA 92646 153-442-26 153-442--27 153-442-29 LaAb, 1•1. Kenneth Lamb, W. Kenneth Lalnb, 1.1. Kenneth Gardner , Ric,iard J . WT) Choi, Eung Tae hall, Raymond 14. 9172 .Willhelm Cr . 9162 Willhelm Cr . 9171 Heatherton Cr . UunEington Bch. , CA 92646 Huntington Bch. , CA 92646 Huntington Bch. , CA 92646 153-442-30 153-442-39 153-442--40 *.,amb, W. • Kenneth Lamb, W . .t•_nneth Lamb, V1. Kenneth Bollinger , :John-C. WT) Whalen , Too- mas F . WIX) Scherer , Thomas D. Hent:herton Cr . 9182 Heatherton Cr . 9172 Heatherton Cr . ington Bch. , , CA 92646 Iuntington I3ch. , CA 92646 Iunting ton Dch. , CA 92646 153-412-41 1:p3-4 ;1-01 153-441-03 Lamb , 1.11 . KenneLh ;:hell California Prod . Beachwood Eckhart, Ronald F;, cl o Sh-ill Oi ! Co. Land Dpt . c/o Mcl:artce . Philip L . 9162 Heatherton Cr . P . 0. BOX 527 P. 0. Box C-19611 Huntington Dch . , CA 92646 Houston; TX 77001 Irvine, CA 92713 153--441--2t 153--441.&-29 15' - 441-30 Cal-West R. E . Fund 80 Johnson, Charles W. TR Gabriel , John A. c/o August rill . Cove. 49622 Vista Plaza Dr . L' . O. Box 31CO 4401 Atlantic :1ve. 4400 La-JUDE-1 I:ic3uel , CA 92677 sanLa SI,rings, CA 9067t Long Dea'ch , CA 90307 153•-441-.04 153--441-05 153-441-UG Lamb, Dorothy E. TR Lamb, Dorothy E. TR Lamb, Dorothy E. TR Snyder, Robert A. 11at:son, Craig L. et a'_ Schumacher , Frederick J. 19011 Randi Ln. 19021 Randi Ln. 19031 Randi Ln . Iluntington Bc'h. , CA 92G4G Huntington Bch. , CA 92G4G hunt i.ngton Bch . , CA 92646 153-441-07 153-4-11--08 153-441-09 Lamb; Dorothy E. TR Lamb, Dorothy F T11 Lamb, Dorothy C. TIt Brown, Dennis Drarnlett , JerLy De Sou-1a , Gerald 19041 Randi. Ln. 19051 Randi Ln . 19061 Randi Ln. Iluntington Bch. , CA 92646 Huntington Bch . , CA 926,16 Huntington Bch. , CA 92646 � 153-441-10 153-441-11 153-441-1? Lamb, Dorothy E . TR U-nib, Dorothy E . TR Lamb , Dorothy E. TR Kosnratine, Eleanore 1'^rceval , Chincles T. i abate , Pominic A . 19071 Hanoi Ln 19091 Randi Ln . 19101 Randi Ln. Uunt:ingtron Bch .. , CA 92646 Huntington Itch . , CA 92G -16 Huntington Bch . , CA 92646 153-441-13 153-441--14 153-441-15 Lamb , Or+ruthy L . T!, Lamb, Dorothy E. TR Lamb , Dorothy E . TR skolyau, Kenneth Camp, William 11 . Taylor , Judson 11 . 7152 nrabharn Dr . 19121 Randi Ln . 19131 Randi Ln . Huntington Dcxi . , CA 92646 Huntington Bch . , CA 92646 Huntington Bch . , CA 92646 J.53--44 .1--16 153--441--17 153-441-18 11. Yenrreth Lwnh, 11. ICenn��th L�;mb , 1.1. Kenneth ►uoson 11. Camp, William H. skoiyan, Kenne L•h id i 1. Rand! rin. 19141 Randi Ln. 9152 Brabllam Dt . 1[unLin7t CA 92G� G. hC I 1 Huntington Bch . , CA 92646 -153-441-19 153--441-20 15.3-441kil lamb, 11. Kenneth Lamb, 1-1. Kenneth I;osmatine , Eleanore FAbale, Domir?ic A . Pa ceval , Charles T . 19071 Randi Ln . ,19101 Handi Ln. 19091 Handi Ln. Huntington Gch . , CA 92646 tlunti ngton 13ch . , CA 32646 Huntington I]ch. , CA 9?.G4G 151�-441-22 153-441-23 153--441-24 Lain4l-.:W. Keane t h Lamb, W. Kenneth Lamb, W . Kenneth De.! Sduza, , GeraId Bratnlett , Jerald W. Brown , Dennis 190.61 -Randi 1n . . 19051 Randi Ln , 19041 Randi Ln. h 6 n tington Bch , , CA 9264G Huntington Bch . , CA 92646 Fiuntingt:on Bch . , CA 9264:: 1-')' .3-431-24 153-431 -25 153•-431--26 Lamb, alter D. TP Cra.. i , :;tC`v^li I; . Hardi:. '- y , i'.alph L . 90-11 Hyde Pirl: hr . 9031 Hplc 11:lrk Dr . 90'. 1 Hyd , Parkluc . Eluntington Uch, , Cit 926,16 Huntington Cch . , CA 926,16 11tlnt_ingtGn Uc1t. , CA 92646 Laitres , R�chard A. WTI Lamb , S•J, I%enneth Lammb, Walter D. TA 388):$s'2H22xxx 153-431-28 153-432-01 >Esaaa` xil1:�:�kexxH�cx�1{ Lamb, Wayne D . TR Lamb , 111. Kenneth et al Ntor $sNaxnlclkakxa3 i;i.ng , fla.o1c1 et al Shho1 , Paul L. "Oil Hyde, Pa r l; Dr . 191,12 1'.unci;. I'll . hunting Lon P.ch . , C'+ 92646 Huntington :'sch . , CA 92646 153-432-02 153-432--03 1' 3-431--04 Lamb, Ii. Itenneth I,aiiib, Y3. Kenneth Lamb , W. Kenneth wail , John Dennis Lac�t•cn, Lawrence EE, lizot.te, Donald E. 19152 , Randi Ln. 19162 Randi Ln . 9181 Hyde Park Dr,(. Huntington Each. , CA 92646 Huntington Bch. , CA 92646 Eluntington Bch . , CA 92646 ;1 CITY OF HUNTIVOTON IMACH INTcR-DEPARTMENT COMMUNICATION �IGHN HONORABLE MAIMR JACK KELLY AND From GAIL HUTTON w� To MEMBERS OF THE CITY COUNCIL City Attorney �„ ., ,� Subject G�RFIELD',SrIItb�`0�-- CUP 63-3: Date 30 November 1984 agenda tem U-2s}H cemrer 3 , 1984 - This item is •agendized for a show cause hearing on whether Garfield ' s Conditional Use Permit should be revoked. We have been asked to render an opinion on the applicable legal issues and liabilities . I . The primary issue is whether the facts currently before the council justify revocation of the CUP . The city 's ordinance permits revocation for failure to abide by the canditi.ons Beach Ordinance.__,.C ode e attached to the rthe gtnerati In tw.n ' `users . o pr•oprtyy , Secti1. on 5645 ,. r�+o iced , ' if they �.constitute a . public. n isa�ncs, .; (-Civic ,-. .'Code, As to revocation, it may be difficult ::o establish a violation of the CUP conditions. There does not appear to be a factual -,: basin. daimnst-ruting a violation. However, it may be more r �►ai.ble to fund a factual basis for a public nuisance . If t-01r., t1h.,..,ipnune4i can direct the City Attorney to bring a civil action to.,.Rj�j4in or abate the nuisance (Code of Civil ,• Procedar: Se tier ,731) . ' iibli hearing fs • cetasary in., �t o a� ot, s law. $u'it: T�ieV "Anything which is injurious to health, or is inde;ent or Gffensive to the -senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjooent of life or property , or unlawfully obsti vcts • the free passage or use, in the customary manner;'' - of sny navigable lake , or river , bay, stream, cana•lj or basin, or any public park, square, street, _%,,or highway is a nuisance . " (Civil Code 53479) . i'ili�sfww. ^- rtemorandum to Honorable Mayo!: Kelly and 30 November 1984 GARFIELD ' S D13C0 -•- CUP 83-35 Page two Agenda Item D-2g , December 3 , 1984 "A public nuisance is one which affects at the same time an enti_ t community or neighborhood , or any considerable number of persons , although the extent of the annoyance or damage inflicted upon individuals may be unequal . " (Civil Code 53480) . If the court finds that a public nuisance exists , it will nrder appropr:':-- a injunctive and other remedial. relief . As to the liability, there is no significant liability in a nuisance proceeding sine-z! 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. laws , since there are specific immunities for permit, revocation . (CEB, California Zonirg Practice, 57 . 73) . However , there might be significant a ility for dampges and attorneys fees under federal civil rights laws , if it is determined that the (Aty wrongfully took away a property right or denied due process of law. On balanoe . if indeed a public nuisance exists , an abatement action would be the safer and more effective course . f x;• GAIL HUTTON City Attorney cc; Chhrles W. Thompson, City Adranigira 7 +fir^, James W. Palin, Director of Developn�an ,*-arviOs Ai' Earle Robitaille , Chief of Police. ' , • IY Ir. ' .... . - G40 1 �I CITY OF HUNTINGTOM, BEACH 5"--1 r lz dw) 11,101 INTER-DEPARTMENT COMMUNICATION 4�VUW4 � HONORABLE MAYrR JACK KELLY AND GP,I L HUTTON 1 MEMBERS OF THE CITY COUNCIL City Attorney l To From GARFIELD' S NITS SPOT ? December 19e4 j Subject Agenuu Item D-2a Date I Since our memorandum of Nr vember 29, ; .4 , advising the council that a .nuisance action would bt; a preferable remedy to a revocation of Garfield ' s CUP, I have been informed by attorney Tom Wells , representing the owneL of Garii.eld' s Shopping Center , that the legal documents necessary to produce speed bumps and chains are being processed , and all mitigating measures will be in place no eater than two weeks from this date. There already are valet parki>>g and security. Since we are unaware of any specific violations of the CUP cunditi.ons (see agenda item D-2a. 11 for a list of the conditionE) , there is no reason to hold a public hearing on permiL revocation. The recommendation in the packet is to revoke the CUP. As noted , however , the more appropriate action is to bring a nuisance action to abate the conditioi,s that constitute the nuisance. I Of course, there roust be evidence to support a nuisance action, and the city- has she burden of proving by a preponderance of the evidence that one exits . 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 Etaf£ to investigate and obtain written declarations from 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 court to support an cipplication for injunctive relief . I Honorable Mayor Jack Kelly and Members of the City Council Garfield' s Nite Spot ' December 3 , 1984 . Page Two ' 1 It may be that the mitigating measures will resolve the problem. If the speed bumps and chains are in place in two weeks, along with the valet parking , Council may wish to defer Further action . RgCOMMENDATION : 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 Nine 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 Nite Spot. GAIL HUTTON City Attorney Attachment ; 12/3/84 Wells/Hutton Letter. cc: Charles W. Thompson , City Administrator James W. ' Palin, Diredtor of Development Services r W. Robi.taille , Chief of Police l r THOMAS WELLS A LAW COP -URAT10N 1►IOMAS HICLLS 9O0 NCWPOq? CCNTtR OAWC. Sulm Oi0 ik-le"RY N. •A33 NEWPORT BEACH. CALiMAHM 22680 •'g1RIC1A A. MANNING rELE71NONE 17141 640.1001 December 3 , 1984 GAIL HUTTON, City Attorney City of Huntington Beach 2000 Main Street Huntington Beach , CA 92648 RE : Shopping Cencer at Garfield and Magnolia Dear Ms . Hutton: This letter will confirm our telephone conversation of December 3 , 1984 at which time we discussed the above--referenced pr.-nerty. As I informed you, my client August Management , Inc . , is ,- -- under court injunction to do nothing to restrict the flow of traffic: in or about the subject property . That injunction wac voluntarily stipulated to by ,any client as part of an attempt to reso3ve a disputie between my client and an adjoining property owner over the use of 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 from counsel for the adjoining property owner that this understanding is correct and that he would not c:onFider the i nstallat ion of chains or speed bumps to the rear of the shopping center building to be a violation of that court order. Accordingly, my client has agreed to , and does intend to install a chain across the rear of the shopping center buildiny at each of its ends. The chain will be connected restricting traffic between the hours of 9 :00 p. m. and 3: 00 a.m. on clays the Garfield Nite Spot is open for business . That installation is scheduled to be completed no later than December 10 , 1984. GAIL HUTTON, City Attorney City of Huntington Beach Dece ;fiber 3 , 1984 Page Two It is presently my clients intention to install two "speed bumps" 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 -n securing this action on behalf of the landowner . I assure you ' that it has always been their intention as wL•11 as the tenants to take whatever type of remedial action necessary to reduce if not eliminate the complaints concerning noise by the adjoining neighborhood 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 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 without further intervene_-r by the City. Thank you for cooperation . Very trt iy yours , THOMAS WELLS , A LAW CORPORATION THOMAS WELLS TW: lm 3/7/lm 1 1.-84 READ INTO THE OFFICAL RECORD ANIn ADOPTED BY THE CITY COUNCIL 12/3/84 ACTION : To Revoke CUP 83-35 of Garfields Nite Spot , Inc. , pursuant to Huntington Beach Ordinance Code 59845 The City Council herehy finds and determines, following public hearing, that CUP 83-35 shall be revoked , on the following grounds: 1. Condition No. 5 of CUP 83-35 provides that the rear door of Garfielde not be used only as an emergency exit . Testimony during the hearing established that the rear door was frequently opened and closed during the evening hours of operation , in violation of condition No . 5. (Testimony of William A. Klausen, Telephone No. 964-8519) . 2. Violation of Condition No. 2 of CUP 83-35 ; yelling , hooting , honking, intermittent noise , trash, and debris , and excessive noise was testified to by numerous residents and co-tenants of Garfi.elds Shopping Center [Testified to by Klausen (964-8519) , Watson (968-2305) , Karl Simonlan ( 692-1022) ) in violation of H.B.M.C . §5 8. 40 . 111 (b) ; 8 . 40.111 (c) ; 8. 40. 111 ; 8 . 36 . 020 , and Peter Green, Councilman. 3. The subject land use adversely affects surrounding land uses as well as businesses within j the existing shopping center because Garfields 1 generates excessive noise and trash accumulation = has failed to comply with Conditions of Approval to restrict the rear exit to emergency use , constitutes a public nuisance to a considerable number of persons in the surrounding vicinity , and therefor is incompatible with its surroundings. 5 ,..I, . • :ri` w .w.. eat. i.=, •• i'".+1'1'.My....v _: . _ ... . .. CITY-15F HuriTINGTIAN BEACH • '► 2M MAIN STREET CALIFORNIA 926U OFFICE OF THE CITY WLLRK December 5, 19114 Mark Silver Garfield's Nita Spot, Inc. 19070 Magnolia Street Huntington Beach, CA 92646 The City Council of the City of Huntington Beach at its regular meeting held Moridny, December 3, IM, after making findings of fact, revoked Conditional Use Permit No. 113-35. This is a final decision. You are hereby notified that purouant to provisions of Section 1094,E of the Code of Civil Procedure of the State of California you have ninaty days from Decembe- 51 1984 to apply to the courts for judicial review. Alicia M. Wentworth City Clerk AMW:3s _ Encloo4re CC: Gail Hutton. City Attorney a CAL West Realty Fund 80 44Dx Atlantic Ave #400 Long Beach, CA 90807 Atlust Mansgeunt, Inc. C/o Edwin J. Mioga '3545 Long Gewh Blvd. #500 P. P. Box. 22630 laN Wash, .CA '9dB07 I1 w - �O'1�l ham► COX/ CASTLE 8 NICHOLSON ` A PAMINCRSHOP INCLUOINO /ADICSSIONAL CORPORATIONS dk 1 J LAWYERS ruMJ' .Jr.3 OtOROc W.CON- ►IIIL►IP In NICHOLSON' TWENTY-CIGMTM t•LOOM PICNARD N.,,.•C.A(STLE JONA w, SIMON• ►AWRCNCC TCPLIN LAwwLNCt J, TPt^CV' JDIIN N,STVIICNS In I SILI.CRMAN JOILD CENTURY PANN CAST /wwNA aIRCRf CAPUt 09PI 914 O.CNA►Iw0 JAR( P. WATSON LOS AN IELCS. CALWORNIA 90057 woOCwlcw G. CON AN MIARIo CAMARA O[OROE O. CA►KINS II SAMUT;I M, ORUCNRAUAI AARL OTTO TUSCNAA JO-M M AUNL TCLEP-IONC 12121 277-A222 PMIILIR L. M1MtLSTCIN ARTNU" D. 1PAU1101NO, Jw OI COUNSEL ` JCfPRCV LAMotA DAVID A. L91P.IJCP TCLCA 4308-44t5 pgANoc COUNTY OtIICC 11 DAVID C. W04MCR JONN S. NILLCR,Jw TL-LCCOPICP 12131 277-JB©O SOOO 014cm STRCtt, sulTc 100 KCNITSTN S. GLtT IRA J. " LDUAN ROUNT 0. NATMUITST JONN / NICMOLSON POST OPTICL ROY n7oa-606 CHARM C. NONLMAN JENNIPCR *AS►I5UQN SNAW January 9 1985 NtwPOP? RCACN, CALITOANIA 01600 OAvIO 14.wt&C" RARRT R P JAL anuar ON , ItI41 416-8111 R JLROLD •ALSN WILLIA61 PAMtR IIARLcIIC O. Gcourneto [VERITY o. RCLPS JtIIRC• 0, "ASTLII! IIORCRT O. IN/LUSC NCASCRT J.RLCIN RRADLLT D, TRA/ICR OUP rILC NO: 12104 NDWARD A. RROLL CAROL ►I. ►If LAND SANOwA M. RANTER MIC04ARD A JONLf MICRACL L- TIIOP//SURO ACNNtf. N, RUSSAA JAN A. NARRH wORIN s McCArrc At RANDALL w RILACR COPNCLIA L. MCATIILR a SCOTT TURNER SANOPA C. STLMARt "++ -\P+O#tSM{wak COAPOAAt10+ Thomas Wells A Law Corporatien 500 Newport Center Drive Suite 920 Newport Beach, California 92660 Re: Cal West Real Estate Fund 80 v. Sun View Properties , Inc . , et al . , Orange County Superior Court Action No . : 39-17--78 Dear Mr . Wells : This office is now counsel to John Gabriel in the above--referenced mati_er. We are in receipt of your corres- pondence dated December 4 , 1984 , referencing the placement of chains to cordon off a portion of the shopping center parking lot . Having consulted with our client on the matter , it is our view that indeed such an action is in viclation of the stipulated injunction against your client . The letter and the spirit of the injunction are to provide unimpeded access to the entire parking area at all times for each of the paticipants in the reciprocal easement agreement. Restrictions on access to any part of the parking lot at any time i .s a violation of the injunctive order and abridges the easement as well . I trust that you will advise your client that blocking access to any part of the parking lot area risks both damages and the sanction of contempt . One unfortunate byproduct of closing the back portion of the parking lot is to force the nightcliib patrons to utilize the parking area immediately adjacent to the Garfield Bank building. Additional use of that portion of the parking lot at late night hours poses an additional security risk .. Moreover, that parking lot area has recently been littered with trash and beer . �, , • 1 Thomas Wells January 4 , 1995 Page 2 bottles necessitating an increased maintenance cost on the part of our client. ' Under the reciprocal easement agreement between the parties , the responsibility for maintenance lies with your client . One purpose of this letter is to advise you that your client has not met its responsibility for maintenance of the parking lot and to request that an increased effort be made in this regard. Obviously, my client ' s tenanta must maintain the property in a manner suitable to a commercial banking establishment. Whatever costs are incurred by my client in this regard will be applied as a set-off to any future maintenance billing. Once you have had an opportunity to discuss this matter with your Client , I would very much welcome any opportunity 16-o review the matter generally with you . Very truly yours, Karl 0. Tuschka KOT/jlb cues John Gabriel bc : Robert Infelise 4 is .•: 1 !fi a• 7 sob To Cites may anle 12/1 7/84 Attached are copies of materials we Rrgmided to Weinberg, Zipser, Arbiter, Heller & Glick, Attorneys ` for Gar field's d's ilite S �• pot ouLsl_,a_t.r= tAtneir j request Code of Ca iv•1 b=xd m S, Qa al ConnieBrngkxtay _ City Clerk',s OffIca cc: Jim Pal in - City Administrator CT A*Oa L.►s .0 &16s, PLEASE REPLY T4 Signed a a t Dale Signed Irma vAfM i AND 7 w M CAM 0 INMCI, As "s VACT 3 wlu it .RuHMb WPM'Moir. G i y f t � :I;/M::'ptY'r'IM�/A'T'K�}'IV_wr•.'f'.w M.....iMr•.M��' . „ . �VEINI31✓RG, ZIT'SET?, ARBITER II �T..I.1R & GI..Q/ U” A LAW CORPORATION a„ C��'c 11101 AVCNUC OF Trir. tiTA145, SUITC n00 tf.LCx AOf1Tl i ►/O CC LS�► L. CCNTU"1 CC" TCLCCOV1rR 12131 L'77• 40102 LOS ANGELES. CALII ORIS fA 00007•00r10 TCLEP►IONC 12i31 277-00;1i' %N 640'Lr VI.TA�t wYItR Tb: December 11 , 1984 2244/4012 c� City Council of the City of Huntington Beach Alice M. Wentworth, City Clerk 2000 Main Street Post Office Boy: 190 L� ��n� Huntington Beach, California 92648 '.yj 1: ^ � Re: Request for Record of Proceedings before the City Council on December 3, 1984 pursuant to Code of Civil Procedure Section 1094 . 6 (c) To the Members of the City Council : Garfielrl 's Nite Spot hereby petitions the City Council of the City of Huntington Beach pursuant to Code of Civil Procedure Section 1094 . 6 (c) for the complete record of the proceedings before it on December 3, 1984 . Code of Civil Procedure Section 1.094 . 6 (c) provides that such record "sha_1 include the transcript of the proceedings , all pleadings , all notices and orders , any proposed decision by a hearing officer, the final decision, all admitted exhibits , all rejected ex- hibits in -the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case. " Garfield' s requests that the record be delivered to it in care of its attorneys at the following address : Weinberg, Zipser, Arbiter, Heller & Glick 1901 Avenue of. the Stars, Suite 800 Lot- Angeles , California 90067 . WEINDERG, ZIPSER, ARBITER, HELLER & GL' ICK By ;BARBARA BROWN ' gH� .4 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNJ1M;J0N 91AC11 To From Subject Date —(� f S• )-ko r,;00?,?q A 94,1 r.,,:2, V-1EL ZW rJ Ce2S461J 'AL)ot0C--c> ir— t mil.L n as;" PZA /4 200 tiD V'E- PA(t-41,*-- C r-r— AS AS 'rH-C.. L16l-l'rS 1104�.. D ---1 . --f r t-i4 L. -rt n4 ea. r a, tl+G_ PIS.- L 160-71 C. .,;horn �. t�� Pr?o8r..��5 1� ��•�. P �c�. CITY OF HrJNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HWIW.IM SIACH To From iZ /<'G V/Gl/ 1-9 y� Subject �r'h�f=./=�-i)/S /1/!��' ,S!''Gl Date r`' TZ) v�1�-� 'c�c. 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C / -77(n,-tJ [.&J10 1\1017 ic.kp- JA Tj .40 4 11A.tic f r • 1` t 1 r _ CITY ATTORNEY xaoo s�.,�w str�t�.tY N�1KTIMCTL7.7► a[J1CN � r.�1 f� CAL IF010YIF ?bat qt 11rtlse , - mu %30i , mm W. loth s -'ec- T Santa Ana � �l :� t�-�n_ � _ i y near Mr•. __ \ . r • �'��*� TrA the con I.-,ext nIf m -11 ..•• 7i-• rid !' +�•F ►,Q:� 1•. •a/ ^.♦r w a ernal.i;r:' ~c, • A m n 7.,J• �.. Ii t ! 1'..•'.•�•jn►-. 1 c- • 1 ! d r t . d •- . 1 AS F1,ii t�..1LE' T:: . ,.ti :' _ C �:: . . �w.� �. rls+;^ . ' _� ." �.I'? { '1; C.� � i�t:tpr rf _'C'Cc'r::'.:" .. � � `� :'i"� �`r ;,f' . ±"t"'^: :1•n. . -, ? .ict^t?• . yyn lcw—Cpeer7 b •.fir.._ .. • i-i[, -.� • i...•. ..�_r1 1•..n. ' f • hE• .1 • *• .. Pan c r.,/�,3 a—A f*-4e.!.a i•: r7- [./ 1 L� .- I; r t• -1i:- h -1-,-' i'3 hb bui1dir,r,s . 7fie ,ic' am`. � : n h • r�.« � c ,r �...r n'+w � ��`!IS►.C` Z' feet �n frnr e .1,�_.. }; ._'1"? 4.c.r,� �;...z� � �'1£ :li ��hi.25 r. 1 respec.1-elf . 1 �'!� 0' ` F:E' ~� i'!' '_ ri:.' r :- n' ter r•.".f! �;1:-•. .1 V 1 J �t �.t-�e l U• 1 i j1t it st11 rn fr)ern t : e Y �,,,yy • •a.,nt•'_1 L�i. •ri•1..1i required � {,.e. s : � ?:i.- :n_ .1'._ r� . . h-s-s , In ::�t�.. ..r;i evident, that- the vn.nJ 31. 1 :ed and t:"is* f1p, •y ► + •�Cy' S errj•GI►- ' lr� r�.�1•.♦R •l''n �.. 1� •��3�T'� pr at . t•ef r u t � _ n 1r; . L- , t .a. 1 :.y. nr. v— cn were were re�t?i1ed ti£`:c'3' ,,2se I' c' }i3 '!ice' C:;� nturd!!y n'.�:ht J&nuary 7. It ia , of course , d; !�r :':.: ' :� 1 :"�?;:^1;�C`_F:tf: den�:ia3 and .t�fi{ �::^� . ^:' �rc�r.i n �i7 ; �,; 1.a;�� U.9-e rrcnt::er". N=etheless , a %,,,rlab", e bal::-nce carn:st N, -Protrrtly achieved, a nu4 san- act , nn 1 "^en: and i Very truly yoajrc , CALL MOT"IU city Attarnel far By r C. SANDS aDnuty City At or.n e R,�,-AWT ` . .�kk_'P IW INTER-DEPARTMENT COMMUNICATION JAN 1985 Ct1Y F HUNTRIGron �FACI� ' WyRA �. OFFICE r 7o JERI OENELLE From G. L. PAYNE, Captain Executive Assistant Uniform Division Ca mande'r ;Subject GARHUD15 Date I JiVWRY 8, 1985 Attached to this noemorandum are a number of Teports from officers who have been assigned to patrol Garfield's Night Spot starting on December 20th and up to and including January 6th. In addition 'to these, the following information has also been obtained. 1. The average age of its patrons appears to be between 23 and 27 years old. 2. Garfield's posted occupancy is 425 persons. 3. There is a $3 cover charge to enter Garfield's. 4. Valet parking is offered and consists of 65 spaces which are roped off in the center of the complurx parking lot. There al-e usually two employees who operate the valet service. Between January of 1984 and October 18th, 19840 there were 57 incidents reported at Garfield's. These are broker. down as follows: One petty theft report. Two property dvnage traffic accidents. One hit-and-run accident.nu ' Five drunk arrests. Two assault and battery reports. Eleven calls regarding traffic congestion or j �P t parking complaints. 'r Seven calls reporting suspicious circunst ices. Nineteen disturbance of the peace reports. 14UNTINGTON SEW' DEVELOPMENT f ERN�CS One alined robbery report:. , f' One malicious_mischief report. JAN 1ST ; One, stolen auto report. y , Four`requests for patrol checks. nsti; �r ti r' bsnlat-f ' 4`• { awe (�ARF1ELti'S PAGE TWO It appears that Garfield's is doing a reasonable job in taking care of the various problems. This is especially so during the period of their extension of the revocation Hearing. However, there were recent flare-ups on January Sth and 60. which resulted in several complaints by the neighbors. On January Sth, here were canplaints of excessive noise in the rear parking lot and that the chain barricades were down. � On that same evening, a subject was taken to Hoag Hospital for treatment ► and reported that he had been assaulted by a bouncer at Garfield's. On January 6th, there was a fight inside. Garfield's between a rrsA. and female which resulted in excessive noise for a short period of time. c Officers hispecting Garfield's have made several suggestion_, which are listed below. 1. Erect ade uate chains or barricades to prohibit vehicles ., from par Ting in the rear area of the shopping complex. 2. Erect speed bumps. 3. Request the fire department to survey the occupancy regulation (it would help if the occupancy was significantly reduced) . 4. It Garfield's remains in operation, high-visibility enforcement by uniformed personnel and increased undercover enforcement of alcoholic beverage regulations. GLP:gsd cc: Chief Robitaille r � 41. Ail t t ; , rJ r a • t y irri `X�t d �tYS��rr S �jl •, ,f�7�tV✓t I 1 i i.�Fy,,Sd PAS* 13 - Council Hues - 1/21/85 • �t�$3 � ttt��NE Zoo ttayor called a recess of Council at 9: 15 P.M. The meeting was reconven at 9:25 P.M. �.r KELICOBTER ANCILLARY EQUIPMENT - APPROVED •`� A� The . Deputy City Clerk presented a com►vureication from the Chief of Police regarding the need for ancillary equipment for the recently acquired turbine helicopter. The Chief of Police presented a stfE report . �•}.. A motion was made by MacAllister, seconded by Thomas , to authorize expenditure of approximately $77, 500 from`' unappropriated general funds for completion of helicopter purchase and outfitting with police equipment. The motion carried by the following roll ca i.-*`vote : • .Jr• AYES : Kelly, MacAl�'Ister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None ; CONSULTANT AG1tEW(ENT -- APPROVED - DQXNTOKN PARKING TRANSIT ,G FINANCING STUDY P.AASON/RRINCKERROFF/ UADE 6 DOUG INC r l r , The Deputy City Clerk presented a communication from the Department of Public Works transmitting a Consul nt Agreement between," the City and Parsons, Brinckerhoff, Quade h Dou as, Inc. , for analysis of parking transit and financing needs in the Doer own Redevelopment Area:f The Director of Develo ent Services presented a staff report . .dA A motion was made y Kelly, seconded by Finley, to approve and authorize execution of a c tract between the City and Parsons, Brinckerhoff, Quade 6 Douglss, Inc. r analysis of parkin transit and financing needs in the Downtown ttedev opment Area. The mo ion carried by the following roll call t - vote: f A1 � AYES : elly, MacAllister, Bailey, Finley , Green, Thomas t NOES: None µ{ &BSTA Mandic ARSE None yQt I t . NIT& fiWr,-;OOWEINUIDD, TO 2 1 85., a - -The 'Deputy City Clerk p 9 y presented a communication from the Development Services r Director transmitting a status report on Garfield' s Nite Spot. The Director of Development Services presented a staff report. 7� "A"natiaR was wade by Green, seconded by Bailey, to continue consideration of 'tiaefitlVi Nita Spot to February 19, 1985. Following discussion, the Nevtion • �,t, .4: ��artti►�rd ��feaouaty. ABM ~ �t • , ` 1 1 .I � q,^N.,. Faso lx Couiic'icMinu4-�- li/17/84 RiQQEBT TO bE /1NUNT MONTE OF JANWV- GUMD - RELLY - Councilman Rally requested a lea of absence from Council for the month of January. On motion by Kelly, secon MacAllister, CounCll granted Councilman Kelly a leave of absence for the th of January. The motion carried unanimously. t: r�; �8'l�1' ''ROI: COl a3-ES RNVOi'.ATiQN ,it6C011SI - � ORt_all'n �`DAT'a :�`' Following discussion, a motion was made by Ma-Allister, seconded by Kelly, to reconsider the action taken by Council at the meeting held December 3, 1984 to revoke Conditional Use Permit 83-35 for Garfield' s Nite Spot;, to postpone further consideration of the revocation for approximately thirty days, to January 21, 1985 and to direct staff to submit a report to Council for that meeting. The motion carried unanimously. LEASE OF STATE LANDS FOR PUBLIC MA HI , Councilman MacAllister suggested that Mayor Bailey mak a presentation regarding Council support of the roposal to lease State/Uarv ancs for a public marina at the State Lands Commis on meeting to be held J 16, 1984. D&MING IN HMINGTON HAABO Councilman MacAllister re orted on a meeting with supervisor Wieder regarding dredging in Huntington rbour channels. PUBLIC RgIATIONS ITTEE CREATED !' r r On motion by MP_Allister, second Kelly, a Public Relations Committee was created by unan' us vote. f i Mayor Bailey and Councilmembers MacAllister and Kelly agreed to serve on the committee. ADJ XT Mayo Bailey adjourned the regular meeting of the City Council_of the. City of Hu ington Beach to 1 :00 P.M. , Wednesday, December 19, 1984 in Room B-7, Civic Center Complex. City Clerk and ex•officio Clerk of the City Council of the City ATTEST: of Hunt' ton B ch, California --city cien .. Mayor Page 13 - Council M ea /_ 1 3/d4 ORDINANCE NO 2738 - ADO C 84-16 - COLD6fr'wESS IELD The , ,C,ity Clerk press d . Ordinance No. 2738 r Council consideration AN ORDIIIANC6 dF ,. T'RE ;OP HDlITINC'ri0N bEA AMZNDINC THE HUNTIM 11E.ACH ORDINANCZ CODE. sT I1 VDING SECTION 906 ISOF TO PROVIDE FOR E OP ZONING FRON LY INDUSTRIAL DISTRICT, I11ED WITH OIL PRODUCT AND CIVIC VISI ICT TO .:.L : JWUSTRZAL DISTRI , COMBINED PITH 01 OIL ODUCTION AND CIVIC DISTAi ; FROM RESTLICTED ACTURXNC DISTRICT, WITS Civic DISSTRICT$ RESTILICTED NAM ING DISTRICT, CO" WITH 01 OIL PRODUCTION AND CIVIC DISTRI FROM RLSTaICTED ACTING DISTRICT, COMM TH OIL PRODUCTIO AND CIVIC DISTRICT TO ICTED MANUFACTURING DISTRI , CON31NED WITH 01 L PRODUCTION AND CIVIC STRICT; AND FROM LIGHT INDUS IAL DISTRICT, INED WITH OIL PRODUC N TO LIGHT INDUSTRIAL cis C_ T, COMBINED WI 1 OIL PRODUCTION ON RE. PROPERTY GENERALLY LOCATED NOR TERLY OF GOLD ST STREET AND GARFIELD NUE (ZONE CASE NO. 94-15) ." motion by !land ' , second MacAllister, C ncil adopted Ordinance No. 2738, after reading by itle , by the following r call vote: AYES : Kell , MacAllister, Mandic , Ba ' ey, Finley, Green NOES : No ABSENT: omas JWMM 4 TOR::/iYOCATIft-W CUP .-63 5 The City Attorney read. the conditions violated by Garfield ' s Hite Spot which led to revocation of Conditional Use Permit 83-35 earlier in the meeting. A motion was made by Mundic, seconded by Finley, to approve the following : The City Council hereby finds and determines , following public hearing, that Conditional Use Permit 83-35 shall be revoked, on the following grounds: 1 . Condition No. 5 of Conditional Use Permit 83-35 provides that the rear door of Garfield 's Nice Spot be used only as an emergency exit. Testimony during the hearing established that the rear door was frequently opened and closed during the evening hours of operation, in violation of Condition No. 5. (Testimony of William A. Klausen, 'P%lephone No. 964-8519). 2. Violation of Condition No. 7 of Conditional Use Permit 83-35; i.e. , }yelling , hooting, honking, intermixtent noise, trash, and debris , and excessive noise was testified to by numerous residents and co-tenants of Garfield Shopping Center (testified to by Klausen (964-8519) , Watson (968-2605, Kark Simonian (692-1022) a violation of Huntington Beach Municipal Code Section 8.40. 111(b) ; 8.40. 111(c ) ; 8.40. 111 ; 8.36.020, and Peter Green, Councilman. 3. The subject land use adversely affecta surrounding land uses as well as businesses within the existing shopping center because Garfield ' s generates excessive noise and trash accumulation; has failed to comply with Conditions of Approval to restrict the rear exit to emergency use , constitutes a public nuisance to a considerable number of persons in the surrounding vicinity, and therefore is incompatible with its surroundings. �. Past 1.4 - Council Mi tes - 12/3/84 The motion carried by the following roll call vote : AM : MacAllister, handieg 1axleys Finley, Green NOES: Kelly ABSENT: Tho"s AD�Ol1l1��'T Mayor Dailey adjourned the regular meeting of the City Council of the City of Huntington beach to 6:30 P.M. , 1lecember 17, 1984 in Roos► 11-8 of the Civic Center Complex. City Clerk and ex--offxcio fferk - of the City Council of the City i. ATTEST: of tin t Bea , Cal' r }a r City Clerk — Mayor i i • r . �.�. _..._�. .. .._..may.... .._-..�.._.._._._.... _ ._' Para 3 - Council Min es 12/3/84 ELECTION OF MATOIL PRO TDIPOU HARDIC Councilman Creen nominated uncilpan Mandic For the offiee Mayor Pro Tempora. Mayor Bailey declared the ominations closed. Mayor Pro Tempore Maud was elected by the following ro call vote : AYES : Kelly, acAllister, Mandic, Bailey , F'inl , Green NOES: None NOT VOTING: Th s ABSENT: No STATEI NTS liMY ELECTZD 0771CIALS Counei:lma Green introduced his f ily and thanked his supporters. Councils an Finley thanked her su orters . Treasurer Elall thanked his support rs and introduced his wife. a City Clerk expressed her appreciation to the electorate for Lheir vote of onfidence. RX SS — AECONVI E e Mayor called a recess o Council at 8: 15 P.M. The meeting was reconvened t 8: 25 P.M. Councilman Thomas lef the meeting at 8 :25 P.M. a ROLL CALL Present: Kel , MacAllister, Mandic, Bailey , Finley, Green Absent s Z.M DT MAYOR BAILEY i Mayor Bailey urged Council to work toge :her as a team to achieve success in the forthcoming year. ' Od�PI16Lb S 11ITa 'tiPO'C —. cur, s ' EEVOEED vtrt ' t* The Mayor announced that this was the day and hour set for a public hearing to consider Conditional Use Permit No. 83-35, an approved permit for the purpose of conaideriag why Conditional Use Permit No. 83-351 an approved permit for Gaifield's Mite Spot , located at the southeast corner of Magnolia Street and Garfield Avenue (19070 Magnolia Street) , should not be revoked because of nuisances created. The City Clerk announced that all legal requirements for notification, publieatioo and posting had been met, and that she had received an informal petition with approximately 41 sigaatures opposed and that a letter from Dennis Zrrwm had been received.