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PLANNING COMMISSION
ITEM NUMBER
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STAFF REPORT
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TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: October 6, 2014
SUBJECT: PUBLIC HEARING
REQUEST FOR CONDITIONAL USE PERMIT
(CUP 14-5) TO PERMIT LIVE
ENTERTAINMENT (TWO MUSICAL
PERFORMERS WITH NONAMPLIFIED
MUSIC) IN AN EXISTING RESTAURANT
WITH A TYPE 47 ON SALE ALCOHOL
LICENSE.
LOCATION: 16281 PACIFIC COAST HIGHWAY
APPLICANT: LISA RODDEN
RECOMMENDATION: After conducting the Public Hearing, staff
recommends that the Planning Commission
adopt Resolution No. 14-7, APPROVING
Conditional Use Permit 14-5 with Conditions.
Planning Commission Staff Report
Conditional Use Permit 14-5
16281 Pacific Coast Highway
October 6, 2014
GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL
ZONE: GC (GENERAL COMMERCIAL)
SITE DESCRIPTION:
Assessor's Parcel Number: 178-502-42
Lot Area: 15,200 sq. ft.
Surrounding Properties: North: Commercial (across PCH)
South:Residential
East: Commercial
West: Highway (PCH)
ENVIRONMENTAL ASSESSMENT:
Staff has determined that this application qualifies for a Class 1 (Existing Facilities)
Categorical Exemption pursuant to Section 15301 of the Guidelines for the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the
permitting of a restaurant use within an existing single story restaurant building,
involving negligible or no expansion beyond the existing use.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
September 25, 2013 and mailed to property owners and occupants within a 500' radius
of the subject property on September 25, 2013, with affidavits of publishing and mailing
on file.
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Planning Commission Staff Report
Conditional Use Permit 14-5
16281 Pacific Coast Highway
October 6, 2014
BACKGROUND
The parcel is developed with a restaurant that was previously operated under the name
"Noel's." The restaurant operated with on-site alcohol sales and live entertainment that
permitted one to four Polynesian dancers to perform at the restaurant. When the
property changed ownership in 1998, the restaurant began operating as "Taco Surf" and
obtained a CUP to maintain the on-site alcohol sales but not the live entertainment. The
property has acquired four entitlements from the time it was operated as "Noel's" to its
current operation as "Taco Surf." As part of this application, if the Planning Commission
votes to approve the applicant's request, all prior resolutions associated with the subject
site will be rescinded so that only one Resolution governs the property. All relevant
Conditions of Approval will be incorporated into the Resolution for this request.
ANALYSIS:
The subject site is a 15, 200 sq. ft. parcel located on the south side of Pacific Coast
Highway near Anderson Street. The restaurant is served by on-site parking located on
the north, east and west of the building. The subject site is surrounded by commercial to
the east, Pacific Coast Highway to the north, and residential to the south.
City records indicate the property has operated as a restaurant since before 1968 when
the Surfside area was annexed into the City. The subject site is currently operated as a
restaurant with a Type 47 alcohol license, which permits the sale of wine, beer and
spirits within the restaurant. The restaurant changed ownership in 1998, at which point
live entertainment was removed as an approved use from the restaurant's Conditional
Use Permit. In recent months, the Community Development Department was made
aware that live entertainment was being conducted at the restaurant. Staff immediately
contacted the restaurant management, who stated that they believed the restaurant had
an existing approval for live entertainment. Once staff explained that the use was not
permitted, the live entertainment ceased. Subsequently, the restaurant owner submitted
a Conditional Use Permit application to request live entertainment in the form of a two
person band with non-amplified music in conjunction with an existing restaurant and
Type 47 liquor license.
The applicant is requesting live entertainment to allow two musical performers with no
amplification. The proposal is to utilize an existing stage area on the north side of the
building, adjacent to the front entrance near Pacific Coast Highway. The Seal Beach
Municipal Code permits live entertainment, limited to two unamplified performers,
subject to approval of a Conditional Use Permit.
The existing restaurant has operated under the current ownership for 16 years and has
daily operating hours of 11:00 a.m. to 11 :00 p.m. The Seal Beach Police Department
has reviewed the applicant's request and has stated there is no history of significant
calls for service at the subject site so they do not have concerns regarding the request
for live entertainment. The applicant's request for live entertainment does not include
the addition of new floor area to the building and therefore will not impact the existing
parking.
Planning Commission Staff Report
Conditional Use Permit 14-5
16281 Pacific Coast Highway
October 6, 2014
After reviewing the application and considering the surrounding area staff expressed
concern to the management regarding noise generating from the restaurant and its
proximity to residential uses on the south. In response to this concern, the restaurant
management has posted signs in the parking area that read "Quiet please, our
neighbors are our friends." The restaurant owners have also agreed to maintain all
exterior windows and doors closed from 6:00 p.m. to closing daily. The restaurant has a
rear door that exits to a small enclosed patio that is used as a smoking area during the
day, management has agreed to maintain this door closed after 6:00 p.m. and have
customers use a designated area at the front of the building facing Pacific Coast
Highway. The applicant has agreed to set these items as conditions of approval for this
Conditional Use Permit. Staff has also included a condition that states the rear door
leading to the patio must be provided with an alarm to notify the management if the door
is opened after 6:00 p.m.
The restaurant has an existing Type 47 alcohol license, which permits the sale of wine,
beer and spirits within the restaurant. The restaurant is requesting a live entertainment
permit. Approval of this CUP request will include rescinding all prior entitlements on the
property. All conditions previously applicable to the operation of a restaurant with a
Type 47 alcohol license were included in the draft Resolution for this CUP application.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt the attached Resolution No. 14-7 approving CUP 14-5 to
permit a restaurant use with live entertainment and a Type 47 alcohol license.
Prepared by:
rys r nday 'fm Bas-ham
Community Senior Pla r—Community Development irector of Community Development
Attachments 4-
1. Resolution No. 14-7 — A Resolution of the Seal Beach Planning Commission
Approving Conditional Use Permit 14-5 Approving Conditional Use Permit 14-5 to
Allow a Restaurant with a Type 47 Alcohol License, and Live Entertainment
(Unamplified Music) at 16281 Pacific Coast Highway in the General Commercial
Zone
2. Applicant Business Description
3. Site Photos
4. Project Architectural Plans
ATTACHMENT 1
RESOLUTION NO. 14-7
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT
14-5 TO ALLOW A RESTAURANT WITH A TYPE 47
ALCOHOL LICENSE, AND LIVE ENTERTAINMENT (TWO
MUSICAL PERFORMERS WITH UNAMPLIFIED MUSIC)
AT 16281 PACIFIC COAST HIGHWAY IN THE GENERAL
COMMERCIAL ZONE
RESOLUTION NO. 14-7
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT
14-5 TO ALLOW A RESTAURANT WITH A TYPE 47
ALCOHOL LICENSE, AND LIVE ENTERTAINMENT (TWO
MUSICAL PERFORMERS WITH UNAMPLIFIED MUSIC)
AT 16281 PACIFIC COAST HIGHWAY IN THE GENERAL
COMMERCIAL ZONE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. Applicant Lisa Rodden, on behalf of owners Douglas and Charlene
Maris ("the applicant") submitted an application to the City of Seal Beach Department of
Community Development for Conditional Use Permit (CUP) 14-5 to permit a restaurant
with a Type 47 Alcohol License and live entertainment (two musical performers with
unamplified music) at 16281 Pacific Coast Highway (the "subject property"), which is
located in the GC (General Commercial) Zone.
Section 2. Staff has determined that CUP 14-5 to be a Class 1 (Existing
Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.)
because the project involves the approval of live entertainment at an existing facility.
The project involves the operation of an existing restaurant in an existing building, with
only a negligible change in the restaurant use to add unamplified music.
Section 3. A duly noticed public hearing was held before the Planning
Commission on October 6, 2014 to consider the application for CUP 14-5. At the public
hearing, the Planning Commission received and considered all evidence presented,
both written and oral, regarding the subject application. The record of the public hearing
indicates the following:
A. The subject site is developed with an existing single story
restaurant building located on the south side of Pacific Coast Highway west of Anderson
Street. The subject site is surrounded by commercial uses to the north across Pacific
Coast Highway, commercial uses to the east, and residential uses to the south. The
subject property is located in the GC (General Commercial) zone, which permits live
entertainment (two musical performers with unamplified music) and alcohol sales in
conjunction with a restaurant use, subject to approval of a Conditional Use Permit.
B. The applicant proposes to continue operating the restaurant with an
existing Type 47 alcohol license and add live entertainment (two musical performers
with unamplified music). The business would continue to operate between 11:00 a.m.
and 11:00 p.m. The applicant proposes to utilize live entertainment in the form of two
musical performers with no amplification. The live entertainment has been proposed for
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Friday and Saturday from 6:00 p.m. to 9:00 p.m. and Sunday from 4:00 p.m. to 7:00
p.M.
Section 4. Based upon the facts contained in the record, including those
stated in the preceding section of this resolution and pursuant to Chapter 11.5.20 of the
Seal Beach Municipal Code, the Planning Commission makes the following findings:
A. The proposed use, as conditioned below, is consistent with the
General Plan. The General Plan specifies that the General Commercial land use
category is primarily for highway-oriented commercial uses, including restaurants. The
subject site is currently operated as a restaurant and is located on Pacific Coast
Highway. The proposed live entertainment with two unamplified musical performers,
and continuation of the Type 47 ABC license, will diversify the array of restaurant uses
serving Pacific Coast Highway.
B. The proposed use is permitted in the (GC) General Commercial
zone with approval of a Conditional Use Permit and the proposed use will comply with
all other applicable provisions of the Municipal Code. The Seal Beach Municipal Code
permits live entertainment and alcohol sales in the GC zone, subject to the approval of a
Conditional Use Permit. The subject site is located in the GC zone and is oriented
toward Pacific Coast Highway.
C. The proposed use, as conditioned below, will be located on a site
that is physically adequate for the type, density, and intensity of use being proposed,
including provision of services, and the absence of physical constraints. The proposed
live entertainment does not include the expansion of floor area and will not cause an
increase in parking demand. The existing restaurant has operated at this location for
over sixteen years without generating numerous calls for service to the Seal Beach
Police Department. The restaurant has been conditioned to maintain the rear door
closed from 6:00 p.m. until closing time every day to prevent noise from escaping the
restaurant during evening hours. The restaurant owners upgraded the existing air
conditioning system so that opening doors or windows will not be necessary to ventilate
or cool the restaurant. The proposed live entertainment will be limited to two musical
performers with no amplification. The restaurant will be required to maintain compliance
with the City's noise standards during normal operations and during live entertainment.
The site and the building (with the updated HVAC system) are physically adequate to
accommodate the proposed use.
D. The location, size, design, and operating characteristics of the
proposed use, as conditioned below, will be compatible with and will not adversely
affect uses and properties in the surrounding neighborhood. The proposed live
entertainment and continuation of an existing Type 47 ABC license in conjunction with
an existing restaurant is a compatible use on the subject site. The subject property is
developed with a restaurant building that has operated under the current ownership for
sixteen years. The proposed live entertainment will not result in additional square
footage to the building and will not cause an increase in parking demand for the site.
The applicant proposed to maintain the current operating hours of 11:00 a.m. to 11:00
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p.m. daily. The restaurant will be required to maintain all exterior doors and windows
closed, during regular operation and during live entertainment, from 6:00 p.m. to closing
time, in order to prevent noise from escaping the restaurant. The restaurant completed
an upgrade of the air conditioning system so that windows will not have to be opened
for ventilation. The proposed live entertainment will be limited to a maximum of two
musical performers with no amplification. In light of these operational requirements and
the other conditions of approval, the proposed use will be compatible with and will not
adversely affect uses and properties in the surrounding neighborhood.
E. The establishment, maintenance, and operation of the proposed
use at the location proposed, as conditioned below, will not be detrimental to the health,
safety, or welfare of persons residing or working in the vicinity. The existing restaurant
building is located in a commercial zone fronting Pacific Coast Highway. The existing
restaurant has operated at this commercial location for sixteen years, and held an
alcohol license throughout its duration. The restaurant is located adjacent to residential
uses and has proposed to accommodate noise concerns associated with the proposed
live entertainment. The restaurant has upgraded the air conditioning system so that
there is no need to open windows and doors for ventilation during the evening hours.
The business owners have agreed to maintain all exterior doors and windows closed
from 6:00 p.m. to closing to prevent noise from emitting from the restaurant. The Seal
Beach Police Department has stated they do not have concerns regarding the proposed
entertainment as the business has not generated a significant amount of service calls.
"fhe Conditions of Approval have been included to ensure the restaurant does not
become detrimental to persons residing or working in the vicinity.
Section 5. Based upon the foregoing and all of the evidence and testimony
provided at the hearing and in the record, the Planning Commission hereby approves
CUP 14-5 to permit a restaurant with a Type 47 ABC License and live entertainment
limited to two unamplified musical performers, subject to the following conditions:
1. Conditional Use Permit 14-5 is approved to permit a restaurant with
a Type 47 ABC License and live entertainment limited to two unamplified musical
performers.
2. The restaurant shall only operate between 11:00 A.M. to 11:00
P.M. daily. Live entertainment shall only be allowed on Friday and Saturday from 6:00
p.m. to 9:00 p.m. and Sunday from 4:00 p.m. to 7:00 p.m.
3. The premises of the restaurant must be in substantial compliance
with the project plans submitted with the application and maintained on file with the
Community Development Department.
4. The applicant shall comply with all restrictions placed on the license
issued by the State of California's Department of Alcoholic Beverage Control (ABC).
5. All alcoholic beverages sold in conjunction with the on-premise-
licensed establishment must be consumed entirely on the premises prior to closing time.
-3-
None shall be sold as take-out. Consumption of alcoholic beverages is prohibited in the
establishment's parking area. There shall be posting of signs both inside and outside
the licensed premises indicate that law prohibits drinking outside the licensed premises.
6. It shall be the responsibility of the applicant/licensee to provide all
employees that sell or serve alcoholic beverages with the knowledge and skill enabling
them to comply with their responsibilities under State of California law.
7. There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages.
8. Live entertainment (music) shall be conducted only within the
enclosed restaurant and in compliance with all requirements of the Municipal Code. Live
entertainment is limited to two musical performers with no amplification. Amplification
shall mean the use of any rnicrophone, speaker, or similar electrical system that
amplifies sound.
9. All doors and windows must remain closed at all times during hours
of live entertainment and daily from 6:00 P.M. to closing time.
10. The rear door leading to the rear patio muse be provided with a
self-closing, alarmed door so that management can be alerted if anyone attempts to
open the rear door.
11. The establishment must serve a complete menu of food until thirty
(30) minutes prior to closing time.
12. The establishment must comply with Chapter 7.15 "Noise" of the
City of Seal Beach Municipal Code. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
13. No video games or similar amusements shall be permitted on the
premises unless a separate conditional use permit is approved for that use.
14. This CUP shall not become effective for any purpose unless/until a
City "Acceptance of Conditions" form has been signed and notarized by the applicant
before being returned to the Planning Department; and until the ten (10) calendar day
appeal period has elapsed.
15. A modification of this CUP must be applied to modify any of these
Conditions of Approval or if there is a substantial change in the mode or character of
operations of the establishment.
16. The Planning Commission reserves the right to revoke or modify
this CUP if harm or operational problems such as criminal or anti-social behavior occur.
-4-
Examples of harmful or operation behaviors include, but not limited to, violence, public
drunkenness, vandalism, solicitation and/or litter.
17. This CUP shall become null and void unless exercised within one
year of the date of final approval, or such extension of time as may be granted by the
Planning Commission pursuant to written request for extension submitted to the
Community Development Department a minimum of ninety days prior to such expiration
date.
18. The applicant will prominently display these Conditions of Approval
in a location within the businesses' customer area that is acceptable to the Community
Development Director.
19. 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.
20. This Conditional Use Permit shall not become effective for any
purpose unless an "Acceptance of Conditions" form has been signed by the applicant in
the presence of the Director of Community Development, or notarized and returned to
the Planning Department; and until the 10 day appeal period has elapsed.
21. Failure to comply with any of these conditions, a substantial change
in the mode or character of the establishment, or failure to maintain the security or
safety of persons on the premises shall be grounds for revoking or modifying this CUP
approval.
22. The establishment shall have a public telephone listing.
23. Deliveries are prohibited between 10:00 P.M. and 7:00 A.M.
24. The dumping of trash or bottles in the exterior trash enclosure is
prohibited between the hours of 10:00 P.M. and 7:00 A.M. to prevent undue noise.
Operators must remove trash and debris on an appropriate basis so as not to cause
health problems.
-5-
Section 6. This resolution shall serve as the amended and restated use permit
for the subject property and shall supersede and rescind Planning Commission
Resolution Nos. 98-17, 92-29, 92-18, 1223.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on October 6, 2014 by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Sandra Massa-Lavitt
Chairperson
ATTEST:
Jim Basham
Planning Commission Secretary
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ATTACHMENT 2
Applicant Business Description
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L—�lI�1I�I�iI�RI��. �ff�3li� �^1,L1Cr�L�. J�O
MIA 988
NtOOCAW CANTW
July 30, 2014
Taco Surf Business Description
1. Day to day Operation of Business
a. Taco Surf is a restaurant open Sun-Thurs. 11:00 am -10:00 pm and Fri. and Sat. 11:00 am-
11:00 PM, we have been serving our customers since May of 1988.
b. Taco Surf currently has a total of 41 employees.
c. Taco Surf is a restaurant where customers have been coming for over 16 years to enjoy
food,drinks and a fun laid back beach atmosphere. We would like to have live music on
Friday and Saturday from 6-9pm and on Sunday from 4-7 pm. During the time of live music
we will have a number of employees working to ensure a great customer experience as well
as compliance with the noise ordinance and maintenance of any crowds. This is the specific
breakdown of how our restaurant will be staffed during entertainment hours. We will have
19 total employees working:
General Manager
6 Servers
2 Bartenders
2 Hostesses
1 Food runner NUG 6 ?014
2 Busboys �p.
3 Cooks ''••-
2 Dishwashers
1 Valet employee that we hire from a company called Streamline Valet.
The staff is currently trained to shut all the back doors and windows by 7:30 regardless of
entertainment and we have wood baffles that will go into the windows to block the noise.
The manager is trained to handle the volume of the bands and immediately will stop the
music if it becomes too loud. Every employee that serves alcohol is trained to safely serve
alcohol, and trained to immediately report to the managers when any problem arises.
d. Our business is a successful Mexican Cantina that specializes in great food and a good time.
We currently have 5 local locations and have been in business in the City of Seal Beach for a
long time. Our restaurant in Westminster has live music on Fridays and Saturdays and we
have not had any issues at all.
2. Type of live entertainment
a. We plan to have anywhere from 1-2 entertainers playing unamplified music.
b. The bands may play but are not limited to: cover music, rock,surf music, blues, and reggae.
c. The sets will be 3 hours total, 3 sets and 10 minute breaks between each set.
Taco Surf Inc. 562-594-3777 P.O.BOX #63 Sunset Beach, CA 90142
&A&MIM6EM0o.JM,K97EFOJP-El0
3. How vve will comply with the City of Seal Beach Noise Ordinance.
a. Taco Surf will keep the noise at 65 DBIL or below during entertainment hours as per the Seal
'
Beach Commercial Property Requirements. The noise will also be contained bm shutting the
back doors of the restaurant and placing baffles in the windows. We have installed an air
conditioner just so that this could be done.VVe have also placed signs outside ofour
restaurant asking our customers tobe respectful to our neighbors, by being quiet! Our
employees also walk the parking lot every Y? hour to ensure our customers are not being
noisy outside our restaurant.We have hired a valet Company to ensure the safety of our
customers and limit any parking issue's during the time of entertainment. Taco Surf feels
that by taking all of these precautions during our live entertainment we will abide by the
noise ordinance and not receive any complaints, However, |fvvedo receive complaints
from our neighbors,we will take them very seriously,access the situation and make sure we
are doing everything to abide by the cities sound ordinances.
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ATTACHMENT 3
Site Photos
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