HomeMy WebLinkAboutItem 2TO:
FROM:
MEETING DATE:
SUBJECT:
LOCATION:
APPLICANT:
PLANNING COMMISSION
STAFF REPORT
ITEM NUMBER
Planning Commission
Director of Community Development
March 6, 2017
PUBLIC HEARING
6
REQUEST FOR CONDITIONAL USE PERMIT
(CUP 17 -1) TO MODIFY AN EXISTING
CONDITIONAL USE PERMIT TO REMOVE
ENTERTAINMENT RESTRICTIONS WITHIN
AN EXISTING RESTAURANT WITH A TYPE
47 ON SALE ALCOHOL LICENSE UPON THE
EFFECTIVE DATE OF ORDINANCE NO.
1659.
16281 PACIFIC COAST HIGHWAY
LISA RODDEN
RECOMMENDATION: After conducting the Public Hearing, staff
recommends that the Planning Commission
adopt Resolution No. 17 -7, APPROVING
Conditional Use Permit 17 -1 with Conditions,
and superseding and rescinding Resolution
No. 14 -7.
GENERAL PLAN DESIGNATION
ZONE:
SITE DESCRIPTION:
Assessor's Parcel Number:
Lot Area:
Surrounding Properties:
ENVIRONMENTAL ASSESSMENT:
Conditional Use Permit 17 -1
16281 Pacific Coast Highway
GENERAL COMMERCIAL
GC (GENERAL COMMERCIAL)
178 - 502 -42
15,200 sq. ft.
North: Commercial (across PCH)
South: Residential
East: Commercial
West: Highway (PCH)
This project is determined 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.) for the continuation of an existing
restaurant use, 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
February 23, 2017 and mailed to property owners and occupants within a 500' radius of
the subject property on February 23, 2017, with affidavits of publishing and mailing on
file.
VlriwTV Reno-
AERIAL MP°
Conditional Use Permit 17 -1
16281 Pacific Coast Highway
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. In 1998, the current owners Douglas and
Charlene Maris purchased the subject site, obtained a Conditional Use Permit to
maintain on -site alcohol sales, and began operating the existing restaurant as "Taco
Surf." 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
existing restaurant has operated under the current ownership for 16 years and will
maintain daily operating hours of 11:00 a.m. to 11:00 p.m.
A Conditional Use Permit was approved in 2014 to allow entertainment in the form of a
two person band with non - amplified music on the subject site in accordance with the
requirements of Seal Beach Municipal Code § 11.4.05.010.D Allowable Incidental
Business Activities, in place at the time. On February 13, 2017, the City Council
adopted Ordinance 1659 which amended Seal Beach Municipal Code § 11.4.05.010.D
and will take effect on March 16, 2017. As amended, SBMC § 11.4.05.010.D broadens
the types of entertainment included as permissible incidental business activities, and
also allows business owners to seek approval for incidental business activities, as
defined in Section 11.4.05.010.D, subject to compliance with specified operational
standards. The existing Conditional Use Permit in place contains entertainment
restrictions and Conditions of Approval on incidental business activities for the
restaurant operations that are more restrictive than will be allowed under SBMC
§ 11,4,05.010.D as amended by Ordinance No. 1659. The applicant is now requesting
to modify the existing Conditional Use Permit to remove these more restrictive
limitations and Conditions of Approval than would be required under the new code
regulations.
As part of this application, if the Planning Commission votes to approve the applicant's
request, the prior resolution 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.
Because Ordinance No. 1569 will not become effective until March 16, 2017, the
proposed Resolution also contains a provision specifying that the Resolution shall not
be effective unless and until Ordinance No. 1659, amending Seal Beach Municipal
Code Section 11.4.05.010.D becomes effective.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt the attached Resolution No. 17 -7 approving CUP 17 -1 to
Conditional Use Permit 17 -1
16281 Pacific Coast Highway
allow a restaurant use with live entertainment and a Type 47 alcohol license, subject to
conditions of approval, and superseding and rescinding Resolution No. 14 -7.
Prepared by:
stal Landav
Acting Director of Community Development
Attachments 4:
1. Resolution No. 17 -7 — A Resolution of the Seal Beach Planning Commission Approving
Conditional Use Permit 17 -1 to allow a Restaurant Use with a Type 47 Alcohol License
and Live Entertainment at 16281 Pacific Coast Highway subject to conditions of
approval, and superseding and rescinding Resolution No. 14 -7.
2. Resolution 14 -7
3. Site Photos
4. Project Architectural Plans
RESOLUTION NO. 17 -7
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT
17 -1 TO ALLOW AN EXISTING RESTAURANT WITH A
TYPE 47 ALCOHOL LICENSE, AND LIVE
ENTERTAINMENT AT 16281 PACIFIC COAST HIGHWAY
IN THE GENERAL COMMERCIAL ZONE, SUBJECT TO
SPECIFIED CONDITIONS AND SUPERSEDING AND
RESCINDING RESOLUTION NUMBER 14 -7
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) 17 -1 to amend Conditions
of Approval included in Resolution 14 -7 to permit a restaurant with a Type 47 Alcohol
License and live entertainment at 16281 Pacific Coast Highway (the "subject property "),
which is located in the GC (General Commercial) Zone. The request seeks to remove
conditions that are no longer consistent with Seal Beach Municipal Code
§11.4.05.010.D, as amended pursuant to Ordinance 1659, which shall become effective
on March 16. 2017.
Section 2. This project is 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 it constitutes the continuation
of an existing restaurant use, involving negligible or no expansion beyond the existing
use.
Section 3. Seal Beach Municipal Code Section 11.4.05.010.D, as amended by
Ordinance No. 1659, allows incidental business activities, as defined therein, in
conjunction with approval or renewal of a business license upon confirmation of zoning
clearance by the Director of Community Development.
Section 4. Conditional Use Permit was approved in 2014 to allow
entertainment in the form of a two person band with non - amplified music on the subject
site in accordance with the requirements of Seal Beach Municipal Code
§ 11.4.05.010.D, Allowable Incidental Business Activities), then in effect. Upon the
effective date of Ordinance No. 1659, broader types of incidental business activities are
allowed, including certain amplified music, subject to compliance with operational
restrictions
Section 5. A duly noticed public hearing was held before the Planning
Commission on March 6, 2017 to consider the application for CUP 17 -1. At the public
hearing, the Planning Commission received and considered all evidence presented,
-1-
Resolution No. 17 -7
16281 Pacific Coast Highway
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 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 in compliance with SBMC
§11.4.05.010.D as amended by Ordinance No. 1659. The business would continue to
operate between 11:00 a.m. and 11:00 p.m.
Section 6. 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 live entertainment 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 nineteen 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 restaurant will be required to maintain compliance with the
City's noise standards during normal operations and during live entertainment. The
restaurant will be required to comply with Seal Beach Municipal Code §11.4.05.010.D.
2 of 6
Resolution No. 17 -7
16281 Pacific Coast Highway
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
nineteen 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
p.m. daily. The restaurant will be required to maintain all exterior doors and windows
closed, during regular operation and during live entertainment 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. 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 subject site, 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 nineteen 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 7. 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 17 -1 to supersede and rescind Resolution No 14 -7 and allow a restaurant with a
Type 47 ABC License and live entertainment subject to the following conditions:
1. Conditional Use Permit 17 -1 is approved to allow a restaurant with
a Type 47 ABC License and live entertainment as authorized by Seal Beach Municipal
Code §11.4.05.010.D, as amended by Ordinance No. 1659.
P.M. daily.
2. The restaurant shall only operate between 11:00 A.M. to 11:00
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Resolution No. 17 -7
16281 Pacific Coast Highway
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.
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 Seal Beach
Municipal Code §11.4.05.010.D.
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.
4 of 6
Resolution No. 17 -7
16281 Pacific Coast Highway
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.
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 business' 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.
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Resolution No. 17 -7
16281 Pacific Coast Highway
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.
Section 8. This resolution shall serve as the amended and restated conditional
use permit for the subject property and shall supersede and rescind Planning
Commission Resolution No. 14 -7.
Section 9. This Resolution shall not be effective unless and until Ordinance
No. 1659, amending Seal Beach Municipal Code Section 11.4.05.010.D becomes
effective.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on March 6, 2017 by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Crystal Landavazo
Planning Commission Secretary
6 of 6
Deb Machen
Chairperson
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
Seat 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 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 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 �J {
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
A
ing Commission Secretary
9.1
Sandra Massa- Lavitt
Chairperson
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