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HomeMy WebLinkAboutPC Res 14-7 - 2014-10-06 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 -1- 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 -2- 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. The 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 1.1:00 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 microphone, 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 must 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 ak-mi) (okkih0r , C)wip bII -Hta�aa- LavIA+ NOES: Commissioners ABSENT: Commissioners cvmm∎ngij ABSTAIN: Commissioners o i , Ai/id,,,, ki;‘,6, SI Sandra Massa-Lavitt Chairperson A EST: ill a Ji''' Basham P�:nning Commission Secretary -6-