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HomeMy WebLinkAboutPC Res 06-53 - 2006-12-06 RESOLUTION NUMBER 06-53 OR/S/11I '1/4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 06-6, PERMITTING A MODIFICATION TO THE RESTAURANT HOURS OF OPERATION AND LIVE ENTERTAINMENT BETWEEN THE HOURS OF 7:00 PM AND 1:00 AM ON PROPERTY LOCATED AT 620 PACIFIC COAST HIGHWAY, SEAL BEACH. (FINBAR'S ITALIAN KITCHEN) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 20, 2006, Joseph Barbara filed an application with the Department of Development Services for Conditional Use Permit 06-6 to permit a modification to the hours of operation and to provide live entertainment within the lounge of an existing restaurant between the hours of 7 pm and 1 am, on Friday and Saturday. The current restaurant hours of operation permitted under CUP 88-3 are Sunday through Thursday 11 :30 am to 10 pm and 11 :30 am to 11 :00 pm on Friday and Saturday. The new restaurant hours of operation will be Monday through Thursday between 11 :00 am and 10:00 pm and Friday and Saturday between the hours of 11 :00 am and 1 :00 am. Section 2. Pursuant to 14 California Code of Regulations * 15305 and ~II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP 06-6 to permit a modification to the hours of operation and to provide live entertainment within the lounge of an existing restaurant between the hours of 7 pm and 1 am, on Friday and Saturday is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations *15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use pursuant to * 15305 (Minor Alterations in Land Use Limitations). The proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 3. A duly noticed public hearing was held before the Planning Commission on December 6, 2006, to consider the application for CUP 06-6 and proposed a modification to the restaurant hours of operation and to provide live entertainment within the lounge of an existing restaurant between the hours of 7 pm and 1 am, on Friday and Saturday. No written evidence was submitted for or against the project, and at the public hearing one person spoke in favor of the request and one person spoke in opposition. Section 4. the following: The record of the hearing of December 6, 2006 indicates (a) On August 16, 2006, Joseph Barbara filed an application with the Department of Development Services for Conditional Use Permit 06-6 to permit a modification to the hours of operation and to provide live entertainment within the lounge of an existing restaurant between the hours of 7 pm and 1 am, on Friday and Saturday. (b) Specifically, the applicant is proposing to modify the hours of operation permitted under CUP 88-3 which are currently Sunday through Thursday 11 :30 am to 10 pm and 11 :30 am to II :00 pm on Friday and Saturday. The new restaurant hours of operation will be Monday through Thursday between 11 :00 am and 10:00 pm and Friday and Saturday between the hours of 11 :00 am and 1 :00 am. Live entertainment is proposed between 7 pm and 1 am on Friday and Saturday. (c) The subject restaurant is approximately 6,170 square feet in size and includes a large dining area and lounge with a full bar. (d) The subject property is described as Orange County Assessor's Parcel # 043-302-12. (e) The surrounding land uses and zoning are as follows: o NORTH, AND WEST - A mixture of commercial and residential uses in the C-2 (General Commercial) and Residential Low Density (RLD) zones. o SOUTH - A mix of commercial and residential uses in the C-2 (General Commercial) and Residential High Density (RHD) zones. o EAST - Single family residential uses in the RLD zone. Section 5. Based upon the facts contained in the record, including those stated in g4 of this resolution and pursuant to gg28-1400 and 28-1401 of the City's Code, the Planning Commission makes the following findings: a. Conditional Use Permit 06-6, as proposed to be conditioned regarding business operations, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a General Commercial zoning designation for the subject property and permits restaurants with live entertainment subject to the issuance of a conditional use permit. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. 2 CUP 06-6 Alcohol Sales 620 Pacific Coast Highway Resolution No. 06-53 December 6, 2006 b. The building and property at 620 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property, as proposed to be conditioned. The restaurant is located within a multiple- tenant commercial center that fronts onto Pacific Coast Highway. The nearest residential properties are located approximately 300 feet to the west of the subject property (across Fifth Street). The orientation of the restaurant is such that the entrance door faces Pacific Coast Highway and therefore will not result in significant noise impacts to residential properties. c. The restaurant with live entertainment, if properly conditioned and enforced, is compatible with the character of the surrounding area which consists predominately of commercial uses. Adherence to conditions of approval placed on the use by the City of Seal Beach should mitigate any negative impacts to neighboring residential properties. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 06-6, subject to the following conditions: 1. Conditional Use Permit 06-6 is approved to permit a modification to the restaurant hours of operation and to provide live entertainment within the lounge of an existing restaurant between the hours of 7 pm and 1 am, on Friday and Saturday. The new restaurant hours of operation shall be Monday through Thursday between 11:00 am and 10:00 pm and Friday and Saturday between the hours of 11:00 am and 1 :00 am. 2. The applicant shall comply with all restrictions placed on the license issued by the State of Cali fomi a's Department of Alcoholic Beverage Control (ABC). 3. The hours of operation shall be 11 :00 AM to 10 PM, Sunday through Thursday and 11 :00 AM to 1 :00 AM on Friday and Saturday. Live entertainment shall be permitted between the hours of7:00 PM and 1:00 AM. 4. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 5. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provisions of additional security measures. 6. Live entertainment shall only be conducted within the subject restaurant, and shall consist of a maximum of one musician playing either guitar or electronic keyboard. 7. All doors and windows shall remain closed at all times during hours of live entertainment. 3 CUP 06-6 Alcohol Sales 620 Pacific Coast Highway Resolution No. 06-53 December 6, 2006 8. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 9. The establishment shall comply with Chapter 13D, "Noise Control", of The Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule the subject CUP for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 10. The applicant remains bound by all conditions approved through prevIOUS entitlements on the property including (but not limited to) CUP 88-3. 11. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 12. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 13. The Planning Commission reserves the right to revoke or modify this CUP pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 14. This CUP shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 15. The term of this permit shall be 12 months. At the end of the initial term, the applicant may apply for an indefinite extension of CUP 06-6. The Commission may grant an indefinite extension provided that all the conditions of approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be paid to the city prior to consideration of an indefinite extension. 16. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Director of Development Services. 4 CUP 06-6 Alcohol Sales 620 Pacific Coast Highway Resolution No. 06-53 December 6, 2006 17. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of December , 2006, by the following vote: AYES: Commissioners Bello, Deaton, Ladner, O'Malley, Roberts NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ~h~,AJ.M.:I;m) Ellery De ton Chairperson of the Planning Commission 5