Loading...
HomeMy WebLinkAboutItem M 4 • K27 1t,17 January 11, 1999 �� 1 , ct STAFF REPORT I / To: Honorable Mayor and Members of the City Council Attention: Keith R. Till, City Manager From: Lee Whittenberg, Director of Development Services Subject: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 98-18, PERMITTING AN INTERIOR REMODEL AND OUTDOOR DINING AREA AT AN EXISTING RESTAURANT AT 143 MAIN STREET, SEAL BEACH (HENNESSEY'S TAVERN GRILL) RECOMMENDATION: After receiving all public testimony and considering the decision of the Planning Commission, the City Council has the following options: 1) Deny the appeal and sustain the decision of the Planning Commission, subject to appropriate terms and conditions. 2) Sustain the appeal of Donald Shoemaker, revising the decision of the Planning Commission in accordance with the request of the appellant to deny the outdoor dining area. 3) Sustain the appeal of Donald Shoemaker, revising the decision of the Planning Commission in accordance with terms and conditions other than those requested of the appellant regarding the outdoor dining area. Staff has prepared as Attachment 1, a resolution of the City Council sustaining the determination of the Planning Commission. If the City Council determines to adopt option (1) after conducting the public hearing, it would be appropriate to adopt that resolution. If the City Council determines to adopt option (2) or (3), it is appropriate to return the resolution to Staff for modification, based upon the determinations of the City Council. /n AGENDA ITEM /"! CVay Dogmas'mmCm 98-18.Appal SI.BRI.c.t. cQWOIL7-99 IWcHal.nc4.I g4n,dgfutl»s'WFW,,U OLI8 _.f'vinrmWb,MJo Codas.Sprern January 11,1559 BACKGROUND: On December 9, 1998, the Planning Commission considered the above referenced application for Conditional Use Permit 98-18. After receiving all testimony at the public hearings and extensive deliberations among the members of the Commission, it was the determination of the Planning Commission to approve the application on a 5-0 vote, subject to certain terms and conditions, through the adoption of Planning Commission Resolution No. 98-50. Several specific conditions of approval imposed by the Planning Commission limited the applicant's use and restricted the design of the outdoor dining area, parking lot and side door (Please refer to Planning Commission Resolution No. 98-50, conditions 1, 24-26, 32 and 33). The appellant is also requesting the hours of operation be revised, requiring the restaurant to close at 11:00 P.M. City-approved hours of operation for this property are currently from 11:00 AM to 1:00 AM Monday through Saturday and from 9:00 AM to 11:00 P.M., Sunday. The applicant had not requested any change in the hours of operation from those previously approved by the City in 1989, and the Planning Commission did not consider a change of operating hours as part of its consideration of the subject conditional use permit request. Planning Commission Resolution No. 98-50, adopted by the Commission on December 9, 1998, set forth the findings and determinations of the Commission regarding the requested interior remodel and exterior dining area, and retained the previously approved hours of operation for the restaurant use and for previously approved non-amplified entertainer ((Please refer to Planning Commission Resolution No. 98-50, conditions 9 and 10), along with final conditions of approval for the project reviewed and considered by the Planning Commission. The resolution was adopted on a 5-0 vote of the Commission. An appeal of the recommendation of the Planning Commission was filed by Donald Shoemaker in a timely manner, and the matter is now before the City Council for consideration at a public hearing. FACTS: • The Planning Commission held a duly noticed public hearing on December 9, 1998 to consider CUP 98-18. Both written and oral evidence was submitted for and against the project. At the public hearing the applicant and other persons spoke in favor of the request with persons appearing in opposition. • After receiving all public testimony on December 9, 1998, the Planning Commission determined to approve the requested Conditional Use Permit, subject to certain terms and conditions, on a 5-0 vote. 2 QIP 98-1e.Appd Staff Report wap,xesr re*.y.rd4rwalAra,am.i Us 1Penal 96-18 Man canuncaflubhw 9840 OV aead9dR,Wrt Jassy 1.1990 • Planning Commission Resolution No. 98-50, adopted by the Commission on December 9, 1998, set forth the findings and determination of the Commission regarding these matters. The resolution was adopted on a 5-0 vote of the Commission. • An appeal of the recommendation of the Planning Commission was filed by Donald Shoemaker on December 16, 1998, and the matter is now before the City Council for consideration at a public hearing. DISCUSSION OF AREAS OF CONCERN OF APPEAL: As previously indicated, the appellant is requesting the City Council to deny the outdoor dining area and retain the entrance into the restaurant at Main Street, not along the side of the building. In addition, the appellant requests any change in hours have full council hearing and that the business be required to close at 11:00 P.M. The Planning Commission devoted a substantial amount of time during their deliberations on this application in regards to the proposed outdoor dining area. Please refer to the Planning Commission Minutes of December 9, 1998. Since there was no request before the Planning Commission to modify the City-approved operating hours established in 1989, the Commission did not devote much discussion to this issue, and could not legally consider any change to the legally authorized hours of operation. For the purposes of this report, the following issue of concern as set forth in the appeal (Refer to Attachment 2)will be discussed: A. The appeal states 'Outdoor patio in front of building - entrance to be in front of building, not side." Staff Comment: Conditional Use Permit 92-13 approved a particular floor plan, and that CUP runs with the land, until a new Conditional Use Permit is granted allowing for changes in the previous conditions of approval. The previous approved floor plan indicates the bar area to be 19 feet from the front of the building, and being approximately 23 feet in length and 9 feet wide. The proposed bar location is 28.5 feet from the front of the building, and is 3Qrfeet long and 8 feet deep. These descriptions define the non-public area behind the bar, including storage and serving areas. They do not define an area of"bar" seating, as it is difficult to differentiate from a table being used for dining or "bar" purposes in the open seating areas in close proximity to the bar. The major issue of the appeal relates to the revised entry location at Main Street, where the 3 CUPYLI&nppN s.fRryut 1 &H..lm ovrAppolclAppromicl Camplanpal UUPeeYl!-19 Paan faerm am96o-f sf o Cilyr] usbx pr Jerry 11.1999 applicant is proposing to relocate the entry into the restaurant from its current location along Main Street to the north side of the restaurant, facing the parking lot adjacent to Main Street; and to create a semi-enclosed dining area within the front 12 feet of the existing restaurant, similar in concept to the semi-enclosed dining area at BJ's Pizza, 209 Main Street. This allows for a more efficient seating arrangement within the restaurant, and allows for more table seating to be located closer to Main Street than under the previous floor plan. No change of hours was proposed by the applicant. The specific conditions of Planning Commission Resolution No. 98-50 that address the outdoor dining area state: "1. CUP # 98-18 is approved for the interior remodeling of an existing restaurant and to permit a partially enclosed and covered outdoor dining area within the front 12 feet of the existing restaurant structure located at 143 Main Street, Seal Beach. 24. Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance. He/she must maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 25. All alcoholic beverages served in the outdoor dining area must be served in glass containers; none may be served in bottles. 26. The outdoor dining area shall be completely surrounded by a minimum 36" high fence/enclosure. In addition, this area shall be capable of being completely enclosed by double paned sliding glass doors, and said area shall be completely closed in at 11:00 PM each night. No ingress/egress shall be permitted to/from the outdoor dining area, except through the interior of the restaurant and the permitted entrance from the parking lot area adjacent to Main Street. 32. The door to the establishment facing Central Avenue shall be an emergency exit only, subject to the approval of the Orange County Fire Authority. If the door is required to be operational for ingress and egress, the exterior side of the door shall be designed to discourage use as a main entrance to the establishment. 4 CUP 98-18nppd Staff Report hilie n.d98 aw,.rdgp..vdAcaxued u"Parra 98-18 ra..«nmsna9840 ctinrao I&iReport Jmy11./98p 33. The parking lot shall be designed with a low wall to prevent direct pedestrian access to the parking lot from the Northeast corner of the building." The applicant stated he does not want the entrance to the restaurant to be on the side of the building. Condition 32 specifically addresses the appellant's concern. The proposed use was found by the Planning Commission to be consistent with the provisions of both the Land Use Element of the General Plan and the Zoning Ordinance requirements (Planning Commission Resolution 98-50, Section 5.(a)}. In addition, the Planning Commission specifically found in Section 5.(c) of Planning Commission Resolution 98-50 that: "The building and property at 143 Main Street are adequate in size, shape, topography, and location to meet the needs of the proposed remodeled restaurant and the proposed outdoor dining area, as the existing building provides a buffer between the outdoor dining area and the adjacent commercial and institutional uses. The nearest residential property is approximately 130 feet to the southwest, south of Grace Brethren Church and 340 feet to the west, along Central Avenue at the corner of Central Avenue and Seventh Street. In addition, the proposed conditions of approval regarding the outdoor dining area are sufficient to protect the residential uses within the area from adverse noise impacts." These finding were based upon careful consideration of the following: • the testimony received at the public hearing of December 9, 1998; • the information provided in the Planning Commission Staff Report of December 9, 1998, including the recommended conditions of approval; and • the concerns and deliberations of the Planning Commission expressed after the close of the public hearing. Based upon the information presented and its specific findings of fact, the Planning Commission imposed thirty-five(35) separate conditions of approval designed to ensure that the proposed use,is consistent with the General Plan and compatible with, not detrimental to, surrounding uses and the community in general. The Planning Commission specifically 5 CUP 9&1 e.nppd S.SRepan &Haile.,.:Appal tAppoint qtaishiciond u"PITS(9618 Ram Causa®wdm.sso opCalera S.evert __,1,,999 found that the proposed outdoor dining area, as conditioned, was compatible with surrounding land uses. The City Council has previously made the policy decision to include partially enclosed outdoor dining arras as a conditionally permitted use on Main Street. B. The appeal states "Any Change in hours - has full counsel hearing to close at 11:00P.M." Staff Comment: The specific condition of Planning Commission Resolution No. 98- 50 which addresses the hours of operation for the restaurant use states: "9. The hours of operation shall be as established by CUP No. 2-89: 11:00 A.M. to 1:00 A.M., Monday through Saturday 9:00 A.M. to 11:00 P.M., Sunday." As indicated earlier in the staff report, and as restated in the above condition of approval, the hours of operation were established by the City during the approval of Conditional Use Permit No. 2-89, and were not requested to be modified by the subject conditional use application. As such, although the Planning Commission did receive testimony regarding this issue from persons speaking in opposition to the request, the Commission did not have any proper authority to consider any change in the hours of operation. This determination of the Planning Commission was based on two factors: 1: There was no request before the Planning Commission to modify the hours of operation from the applicant; and 2: There has no evidence or testimony presented to the City to indicate the permitted hours of operation have created a public nuisance or unduly disturbed surrounding residential uses. Staff is of the opinion the hours of operation cannot be modified by the City without the matter being properly before the City for consideration, either by a request for modification of the hours of operation, or through an enforcement matter for ongoing disturbances to the surrounding land uses by the operating hours of the restaurant. As there was no testimony presented at the Planning Commission public hearing regarding ongoing disturbances from the previous restaurant operation, and that there is now a new operator of the restaurant that could not be held responsible for the operations of a previous operator of the restaurant, neither of those circumstances exist. However, the appellant's concern is already addressed 6 CUP 98-1tAppul Staff Repot PwYe RaY9 rec N!"a"rAlR e'y.'I L➢a.O%18 Plarig(wtlthat.Pk tea%4O 0W"03010+169eRgal Jassy 11.1999 by existing law, which requires a public hearing before the Planning Commission prior to any amendment to a Conditional Use Peamit, including a change in the hours of operation. STANDARD OF REVIEW FOR CONDITIONAL USE PERMIT APPLICATIONS: Under agle Sections 28-2503 and 28-2504, all conditional use permit requests must be evaluated in light of three issues: 1) Is the use conditionally permitted in the zone; 2) Is the use compatible with the General Plan; and 3) Is the use compatible with, rather than detrimental to, surrounding uses and the community in general. The first issue turns on the provisions of the Cock, which clearly allow for a Conditional Use Permit for the requested use of the property (Section 28-1400(10)(1). The second issue turns on the current land Use Classification of the propcwty, which is currently designated "Main Street Specific Plan" zone, and the proposed project is a conditionally permitted use within the "Main Street Specific Plan" zone. The last issue will turn on the Council's view of the evidence presented during the public hearing regarding impacts to the surrounding community of the outdoor dining area. CITY COUNCIL OPTIONS re: APPEAL: Once all testimony and evidence has been received by the City Council, it is appropriate for the Council to make a final determination regarding these matters. After receiving all public testimony and considering the decision of the Planning Commission, the City Council has the following options: 1) Deny the appeal and sustain the decision of the Planning Commission, subject to appropriate terms and conditions. 2) Sustain the appeal of Donald Shoemaker, revising the decision of the Planning Commission in accordance with the request of the appellant to deny the outdoor dining area. 7 CUP 9&1',Appal SafRq,on Itilliclleffisig Amnia.fl.,, %swag Cameiviarial Realm.9430 3) Sustain the appeal of Donald Shoemaker, revising the decision of the Planning Commission in accordance with terms and conditions other than those requested of the appellant regarding the outdoor dining area. Staff has prepared as Attachment 1, a resolution of the City Council sustaining the determination of the Planning Commission. If the City Council determines to adopt option (1) after conducting the public hearing, it would be appropriate to adopt that resolution. If the determination of the City Council is to sustain the appeal and revise the condition regarding the outdoor dining area, either as requested by the appellant or as determined appropriate by the City Council, it would be appropriate to instruct staff to prepare the appropriate resolution for consideration by the City Council this evening, or on January 25, 1999, depending on the complexity of the determined modifications, setting forth the necessary findings, as determined appropriate by the City Council. NOTED AND APPROVED n J 1 7 Whittenberg, Director / Keith . Till Development Services Department City Manager Attachments: (5) ATTACHMENT 1: Proposed City Council Resolution Number , A Resolution of the City Council of the City of Seal Beach Sustaining the Planning Commission Approval of CUP No. 98-18, Mowing a Modification to the Conditions of Approval on an Existing Land Use Entitlement to Allow Interior Remodeling and an Outdoor Dining Area at an Existing Restaurant at 143 Main Street (Hennessey's Tavern) ATTACHMENT 2: Appeal by Donald Shoemaker, received December 16, 1998 ATTACHMENT 3: Planning Commission Resolution No. 98-50 B WP9&ItAjgd StaffRryut a &Haig n:App'egAn.^vsgC.w4md Us Penult 98-IS Plains Ceaevnnanaeu,%Jo C&Cam us€R9o+ _.wy/1.1999 ATTACHMENT 4: Planning Commission Minutes of December 9, 1998 ATTACHMENT 5: Planning Commission Staff Report of December 9, 1998, with Attachments 1 through 8 • • • • • 9 CUP 9&ISApgd Saffaryat .... -.r a. *'c f hY ygr .t cwx 2ag e-. ". a '" m' _ x '. y S T3• fir '! t of tfdf . i F. 4,r. -.c+cu :tai._ .L `-.i q-i-c £ t i. {• , A �•-it- - tsX-!.Sk '?iyi.- T .i • .(t• ' rraii nut- vit&GRSTRUj EZx c r�.1' "3, :a . ttCt „ -ate -' " AtarwwOiMMIR /k4WAI eam NOTICE IS HEREBY GIVEN that the City Council of the City of Seal Beach will hold a public hearing on Monday, January 11, 1999, at 7:00 p.m. in the City Council Chambers, 211 Eighth Street, Seal Beach, California, to consider the following item: APPEAL OF CONDTTIONAL USE PERMIT 98-18 INTERIOR REMODEL AND OUTDOOR DINING AREA 143 Main Street Applicants Request: To remodel the interior of an existing restaurant located at the southwest corner of Main Street and Central Avenue and to permit a partially enclosed and covered outdoor dining area within the front 12 feet of the existing restaurant structure, in accordance with the provisions of Section 28-1251.1.c. Environmental Review: This project is categorically exempt from CEQA review for the interior remodel proposals and Negative Declaration 96-1 adequately discusses the environmental impacts of partially enclosed and covered outdoor dining areas on Main Street. Code Sections: 28-1250.B.(16);28-2503;28-2504 Applicant: Hennessey's Tavern Inc.. Owner: Dorothy Nescher At the above time and place all interested persons may be heard if so desired. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Seal Beach at, or prior to, the public hearing. dies' Dthis22n ayofDecember, 1998 m, ryam /2 -2z-9S N1101„, n 7S, apir e eo Clerk C:My Dow SsCCA98-I8 Appeal-Hearing NOM-143 Main 8traldoaLVA12-21-98 • SUSAN W. CASE, INC. OWNERSHIP LISTING SERVICE 143 MAIN ST 11981528 SEAL BEACH CA 917 Glenne a Street, Suite 7,Laguna Beach, CA 92651 300' OWNERS AND RES.00CjIN '(899)4946105 • FAX(949)4947418 199 034 01,02 NOVEMBER 4 1998 199 033 02 199 033 04 199 033 29 CITY OF SEAL BEACH BROWN & ASSOCIATES BRUCE VANNATTA 211 8TH ST 509 OCEAN AVE 125 8TH ST SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 033 30 199 034 01 199 034 02 SHIRLEY BARASCH DOROTHY NESCHER DOROTHY NESCHER 127 8TH ST 620 FRESNO ST 620 FRESNO ST SEAL BEACH CA 90740 MORRO BAY CA 93442 MORRO BAY CA 93442 199 034 03 199 034 04 199 034 05 BOBBIE GRIFFITH ALFRED HART FOWLER ROBERT O'REAR 1225 CATALINA AVE PO BOX 6160 600 SEA BREEZE DR SEAL BEACH CA 90740 SANTA ANA CA 92706 SEAL BEACH CA 90740 199 034 06 199 034 07 199 034 08 LELAND GARRISON LELAND GARRISON LELAND GARRISON 4817 E 2ND ST 4817 E 2ND ST 4817 E 2ND ST LONG BEACH CA 90803 LONG BEACH CA 90803 LONG BEACH CA 90803 199 034 09 199 034 10 199 034 11 LELAND GARRISON CHARLES STOCKTON MARK & JOHN JOHNSON 4817 E 2ND ST 71 GAYWOOD PL 123 MAIN ST LONG BEACH CA 90803 MORAGA CA 94556 SEAL BEACH CA 90740 199 034 12 199 034 13 199 034 14 MARK ROBERT JOHNSON ALAN RAY HARBOUR EDWARD HOGARD 121 MAIN ST 229 7TH ST 600 COASTLINE DR SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 034 24 199 034 25 199 034 27 DANIEL SULLIVAN LYNNE REYNOLDS WILLIAM GERALD KYLE PO BOX 758 2080 VANDERSLICE AVE 128 8TH ST SEAL BEACH CA 90740 WALNUT CREEK CA 94596 SEAL BEACH CA 90740 199 034 28 199 034 29 199 034 32 WILLIAM & MARGARET KYLE CHURCH GRACE BRETHREN OF WILLIAM GERLACH 128 8TH ST 138 8TH ST 126 8TH ST SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 034 33 199 043 06 199 043 07 BARBARA SCHWARTZ JAMES SILL YUAN CHI LEU 124 8TH ST 29433 MADPSKA CYR RD 4873 DOWNING AVE SEAL BEACH CA 90740 SEAL BEACH CA 90740 BALDWIN PARK CA 91706 199 043 09 199 043 10199 4.4.3 11„ DWAYNE & MARY LUND BANK OF AMERICA NATIONAL ROBERT ROBERTSON 3881 MISTRAL DR PO BOX 37000 4890 HENDERER RD HUNTINGTON BEACH CA SAN FRANCISCO CA 94137 ELKTON OR 97436 92649 199 043 12 199 043 13 199 043 14 ELWIN REESE PUTNAM JOHN KLISANIN VIRGINIA CLARK 210 MAIN ST 1400 OCEAN AVE 5960 VIA DEL TECOLOTE SEAL BEACH CA 90740 SEAL BEACH CA 90740 YORBA LINDA CA 92887 199 043 15 199 043 16 199 043 17 KEITH CLARK MARGARET MURPHY JANE LAMASNEY 2 FLAGSTONE 218 MAIN ST 50 RIVO ALTO CANAL IRVINE CA 92606 SEAL BEACH CA 90740 LONG BEACH CA 90803 199 044 01 199 044 02 199 044 03 MICHELLE & MAURICE NIPP MGMT FJC SARAH JANE BRINK 147 10TH ST 9167 RANCHO DR 143 10TH ST SEAL BEACH CA 90740 CHERRY VALLEY CA 92223 SEAL BEACH CA 90740 199 044 04 - 199 044 05 199 044 06 M_ARIO & JOSEPHINE PINEL RONALD & RONALD MOLINARI RONALD RAY PRATHER 621 S SHORE DR 163 ELECTRIC AVE 4864 LAKEMONT PL SEAL BEACH CA 90740 SEAL BEACH CA 90740 BOISE ID 83703 199 044 07 199 044 08 199 044 24 RICKIE & ELLEN GRIFFITH RICKIE GRIFFITH CITY OF SEAL BEACH 528 WIMBLEDON BLVD - 528 WIMBLEDON BLVD 211 8TH ST ALEXANDRIA LA 71303 ALEXANDRIA LA 71303 SEAL BEACH CA 90740 199 044 25 199 044 26 199 044 27 CITY OF SEAL BEACH ROBERT SANDAU JOHN FLORANCE 211 8TH ST 124 MAIN ST 22142 SE 41ST LN SEAL BEACH CA 90740 SEAL BEACH CA 90740 ISSAQUAH WA 98029 199 044 28 199 044 29 199 044 30 HARRY KALINOWSKI L PRYDE MCGUIRE THOMAS ATKINSON PO BOX 1746 134 MAIN ST #A 4592 ORION ST BREA CA 92822 SEAL BEACH CA 90740 HUNTINGTON BEACH CA 92649 199 044 31 199 044 32 199 044 33 BRIAN KYLE BRIAN KYLE GLENN & PATRICIA JONES PO BOX 179 PO BOX 179 142 MAIN ST SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 044 34 199 052 28 199 052 29 DOROTHY NESCHER CITY OF SEAL BEACH CITY OF SEAL BEACH 620 FRESNO ST 211 8TH ST 211 8TH ST MORRO BAY CA 93442 SEAL BEACH CA 90740 SEAL BEACH CA 90740 . 199 053 10 199 053 11 199 053 12 RODGER & KATHLEEN COOMBS BRENT MATHEWS RAYMOND BERG 220 8TH ST 218 8TH ST 430 COASTLINE DR SEAL BEACH CA 90740 SEAL BEACH CA. 90740 SEAL BEACH CA 90740 199 053 13 199 053 14 199 053 15 PETER TOLLIN MARKMAN WESLEY & MERCEDES CLEARY BRUCE EDWARD ROSE 3791 HUMBOLDT DR 2931 SW 31ST ST 835 MARVISTA AVE HUNTINGTON BEACH CA GRESHAM OR 97080 SEAL BEACH CA 90740 92649 199 053 16 199 053 17 199 053 18 BRUCE EDWARD ROSE BRYAN & BRENDA BABCOCK WALTER BABCOCK 13205 LULL ST 801 CENTRAL AVE 5611 E LAS LOMAS ST NORTH HOLLYWOOD CA 91605 SEAL BEACH CA 90740 LONG BEACH CA 90815 199 053 19 199 053 20 199 053 21 BOBBIE & EILEEN GRIFFITH ANDREW BROWN BICHSEL 209 MAIN 205 MAIN ST 1420 CATALINA AVE 4000 MACARTHUR BLVD SEAL BEACH CA 90740 SEAL BEACH CA 90740 #3000 NEWPORT BEACH CA 92660 199 053 22 199 053 23 - 199 053 24 GERALDINE WILLIS WILLIAM JONES WILLIAM JONES 368 GALLEON WAY 192 YALE LN 192 YALE LN SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 053 25 937 530 01 937 530 02 WILLIAM GERALD KYLE JUDY COX RODNEY & CYNTHIA VICKERS 128 8TH ST 5791 ROXBURY CT 123 10TH ST SEAL BEACH CA 90740 CYPRESS CA 90630 SEAL BEACH CA 90740 937 530 03 937 530 12 937 530 13 HAROLD CRUM NICHOLAS HEYNEMAN JOEL & SARAH APOLLO 125 10TH ST 24 YALE ST 205 10TH ST SEAL BEACH CA 90740 POCATELLO ID 83201 SEAL BEACH CA 90740 937 530 14 RAYMOND DIPIAZZA 1703 ELECTRIC AVE SEAL BEACH CA 90740 199 033 04 199 033 04 199 033 04 OCCUPANT OCCUPANT OCCUPANT 123-A 8TH 123-B 8TH 123-C 8TH SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 033 04 199 033 04 199 034 24 OCCUPANT OCCUPANT OCCUPANT 123-0 8TH 123-E 8TH 118-1 8TH SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 034 24 199 034 24 199 034 24 OCCUPANT OCCUPANT OCCUPANT 118-2 8TH 118-3 8TH 118-4 8TH SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 034 27 199 034 28 199 034 28 OCCUPANT OCCUPANT OCCUPANT 128112 8TH 132-1 8TH 132-2 8TH SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 034 28 199 034 28 199 043 09 OCCUPANT OCCUPANT OCCUPANT 132-3 8TH 132-4 8TH 925-1 CENTRAL SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 043 09 199 043 09 199 043 09 OCCUPANT OCCUPANT OCCUPANT 925-2 CENTRAL 925-3 CENTRAL 925-4 CENTRAL SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 044 04 199 044 05 199 044 05 OCCUPANT OCCUPANT OCCUPANT 141-B 10TH 139-1 10TH 139-2 10TH SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 044 05 199 044 05 199 044 05 OCCUPANT OCCUPANT OCCUPANT 139-3 10TH 139-4 10TH 139-5 10TH SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 044 06 199 044 06 199 044 06 OCCUPANT OCCUPANT OCCUPANT 133-1 10TH 133-2 10TH 133-3 10TH SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 044 06 199 044 06 199 044 06 OCCUPANT OCCUPANT OCCUPANT 133.4 10TH 133-5 10TH 133-6 10TH SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 034 25 199 043 06 199 043 07 OCCUPANT OCCUPANT OCCUPANT 122 8TH ST 211 10TH ST 207 10TH ST SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 044 02 199 044 04 199 044 08 OCCUPANT OCCUPANT OCCUPANT 900 CENTRAL AVE 141 10TH ST 127 10TH ST SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 053 12 199 053 13 199 053 14 OCCUPANT OCCUPANT OCCUPANT 216 8TH ST 212 8TH ST 210 8TH ST SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 053 15 199 053 16 937 530 01 OCCUPANT OCCUPANT OCCUPANT 208 8TH ST 206 8TH ST 121 10TH ST #1 SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 937 530 02 937 530 03 937 530 12 OCCUPANT OCCUPANT OCCUPANT 123 10TH ST #2 125 10TH ST #3 205 10TH ST #1 SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 937 530 13 937 530 14 OCCUPANT OCCUPANT 205 10TH ST #2 205 10TH ST #3 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 044 07 199 044 07 199 044 07 OCCUPANT OCCUPANT OCCUPANT 129-1 10TH 129-2 10TH 129-3 10TH SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 199 044 08 199 053 13 199 053 14 OCCUPANT OCCUPANT OCCUPANT 127 1/2 10TH 212-B 8TH 210-B 8TH SEAL BEACH CA 90740 SEAL BEACH CA 90740 SEAL BEACH CA 90740 • A.S.Has`swiligmlV4.ete'Arsr+Use Amu O&M PtwvR U'wreaR_SY J .59 Yc..rsdwPe latrary11,1999 ATTACHMENT 2 Appeal by Donald Shoemaker, received December 16, 1998 21 CUP 98-18.Amal 8hf Rryvl • e Application for: ((heck one or more) City o!Seal Beach i' Pub"-+fearing Application Packet . 0 Conditional Use Permit ( 0 Unclassified Use Permit �> �C }� 0 Variance CITY OF SEAL BEACH �_�J ( ❑ Height Variation ( DEC 1 6 WStti , ElGPA/Lone Change ` g-pe/c-99 ❑ OtherAPPEAL APPLICATION CITY OF SEP.LE_4SH I 1 DEC l FOR OFFICE USE ONLY ( 6 1998Application No.: ' . . Date Filed: /a/)0/98 Date Complete: Planning Commission Date: )02/9/9$ City Council Date: P.C. Action & Reso. N: U /� C.C. Action & Reso. S: ,EC 1 Properly Address: I /122/4' )T. Sett I AC44 2 Applicant's Name: 7o^_til SNoe.A.+tc,L Address: tY 4".' Sly<..4-. 5.t1 8•.,t. 90740 Home Phone: (54. 556 -1(.65 Work Phone:(5(.4 5910 - 11.05 Mailing Address: Sk.,.- 3 Property Owner's Name: Address: Horne Phone:( ) Work Phone: ( ) 4 The undersigned hereby appeals the following described action of the Seal Beach Planning Commission concerning No(s). Explain in detail the decision of the Planning Commission that Is being appealed,the specific conditions of approval being appealed,include your statements indicating where the Planning Commission// may be in e/nnor.__z / /7 /r) /A5 KrO F ,VF 2/{/ id/ EN'YM�14,07 ,( /4)/1'i29.Jl• cifZi.u /Get/n/ Atc: I S UP /Vet C-hirv/'P /N 17cW-c —HAS Puoile tt/a2/ h;4 r7 TOGfQSc At ar• _ ( . � C _ . 1 r , ' IJ. �Pn-, () ae oDCt) KeR- rn,)e(Sgrina-ctu-7 oyg } I+toCnaAKCR(P Name) (Printr fl ) 6)EC, LG Mgr' I,fc ' 16 793- (Date) / (Date) Page 27 g% vvvscalcorin (Revised 10/95) Pattie Heathy n:Appal q'Aprow ge(uf.. •U.PeM(%H PlaseingConswitaionRooWon9E4O COCowin;S.A2pf Jammy U,1999 ATTACHMENT 3 Planning Commission Resolution No. 98-50 22 CUP 98-18 Appeal Staff Rep ul RESOLUTION NUMBER 98 - 50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 98-18, ALLOWING A MODIFICATION TO THE CONDITIONS OF APPROVAL ON AN EXISTING LAND USE ENTITLEMENT TO ALLOW INTERIOR REMODELING AND AN OUTDOOR DINING AREA AT AN EXISTING RESTAURANT AT 143 MAIN STREET (HENNESSEY'S TAVERN) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section I. On November 5, 1998, Hennessey's Tavern Inc. (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 98-18, for an interior remodeling of the existing restaurant, the creation of a semi-enclosed outdoor dining area, and the relocation of the front entry into the restaurant from the front of the restaurant to the northerly side of the restaurant, adjacent to Main Street. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 98-18 for the proposed interior remodeling is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 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), because 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; and, the proposed outdoor dining area was considered as part of Negative Declaration 96-2, evaluating the environmental impacts of the Main Street Specific Plan. Section 3. A duly noticed public hearing was held before the Planning Commission on December 9, 1998, to consider the application for CUP 98-18. At the public hearing the applicant spoke in favor of the request, with persons appearing both in favor of and in opposition to the request. Section 4. The record of the hearing of December 9, 1998 indicates the following: C W y nowme W VlESOCUP 9i18(n®eueyh)PC ResokdimdocV.lt112-1541 • Banning Ca.mLa m Resolution No.98-50 Conditional Ilse Penni:98-18 143 Main Street-He neury''Tavern December 9.1998 (a) On November 4, 1998, Hennessey's Tavern Inc., submitted an application for CUP 98-18 with the Department of Development Services. (b) Specifically, the applicant is proposing to remodel the interior of an existing restaurant and proposing to convert the front 12 feet of the existing restaurant to an outdoor dining area. • (c) The subject property contains approximately 8,813 square feet and is located at the southwesterly corner of Main Street and Central Avenue. (d) The subject property is legally described as Orange County Assessor's parcel number 199-034-02. The adjoining parking lot, under a joint lease by the subject restaurant business and John's Food King, is legally described as Orange County Assessor's parcel number 199-034-01. (e) The subject property contains a restaurant which is proposed to be refurbished and remodeled. Previous to the present owners, Papillon Restaurant had operated on the site for over 8 years with no history of extraordinary demand for law enforcement services regarding the restaurant or sales of alcoholic beverages on the property. (f) The proposed restaurant is a full service restaurant, relocating from across Main Street at 140 Main Street. The restaurant will sell an assortment of non- alcoholic beverages as well as beer,wine and distilled spirits. (g) The City has granted the following approvals for the property: o Variance 15-84 — parldng variance for less than the required number of on-site parking spaces. o CUP 19-84 — permit on-sale beer and wine sales in conjunction with a delicatessen restaurant. • o CUP 22-84 — permit the establishment of a take-out delicatessen restaurant. a Variance 2-89—parking variance for less than the required number of on-site parking spaces in conjunction with a new restaurant. o CUP 2-89—permit an on-sale general liquor license in conjunction with a new restaurant. o CUP 92-13 —permit a single, unamplified entertainer between 7:00 P.M. and 11:00 P.M.,daily. CLP 9418(Nemaeye)iC aanhdioo 2 Planting Commission Resolution No.98-30 Conditional Use Permit 98-18 143 Main Street—Henneney S Tavern December 9,1998 (h) The subject property is legally nonconforming due to inadequate parking. The property is eleven (11) spaces deficient and is required to participate in a pre-existing in-lieu parking program. (i) The surrounding land uses and zoning are as follows: NORTH Existing restaurant in the Main Street Specific Plan Zone. SOUTH & Commercial retail businesses and restaurants in the Main Street EAST Specific Plan Zone. WEST Grace Brethren Church in the Residential High Density (RHD) Zone. (j) Michael Sellers, Chief of Police, ahs reviewed the proposal and existing records, and has no reservation regarding the proposed remodeling, other than a concern regarding persons stepping outside the restaurant for smoking purposes, and the potential for related noise created by those persons. He also recommends the proposed semi-enclosed outdoor dining area be enclosed as recommended by Staff after 11:00 P.M. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28-1400, 28-2503 and 28-2504 of the City's Code,the Planning Commission makes the following findings: (a) Conditional Use Permit 98-18 is consistent with the provisions of the Land Use Element of the City's General Plan and the Main Street Specific Plan, which provides a "Main Street Specific Plan" designation for the subject property and permits restaurants serving alcoholic beverages subject to the issuance of a conditional use permit and semi-enclosed restaurants. The use is also consistent with the remaining elements of the General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use, as conditioned, is consistent with the General Plan and the Main Street Specific Plan. (b) The style, height and bulk of the remodeled existing structure are consistent with surrounding commercial and institutional uses, in that a restaurant has been operated in the structure for 8 years. (c) The building and property at 143 Main Street are adequate in size, shape, topography, and location to meet the needs of the proposed remodeled restaurant and the proposed outdoor dining area, as the existing building provides a buffer between the outdoor dining area and the adjacent commercial and institutional uses. The nearest residential property is approximately 130 feet to the southwest, south of Grace Brethren Church and 340 feet to the west, along Central Avenue at the corner of Central Avenue and Seventh Street. In addition, the proposed conditions of approval regarding the CUP 98-I8(Hammneyn)PC aaobioe 3 Planning Commission Rerahaian Na 98-50 Ca,dttiaal UxPenna 98-18 118 Main Sweet—Hennes ey i Tavern December 9,1998 outdoor dining area are sufficient to protect the residential uses within the area from adverse noise impacts. (d) Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 98-18, subject to the following conditions: 1. CUP # 98-18 is approved for the interior remodeling of an existing restaurant and to permit a partially enclosed and covered outdoor dining area within the front 12 feet of the existing restaurant structure located at 143 Main Street, Seal Beach. 2. The applicant remains bound by all conditions of CUP No. 2-89 and Variance No. 2-89. 3. The Applicant remains bound by the conditions of CUP 92-13, regarding live entertainment on the subject premises. 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). This shall be done as soon as the license is received by the applicant from 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 indicating 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. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: o State law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation and penalties for violation of these laws. o The potential legal liabilities of' owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, CUP 98-Il(Hemavy4PC Resolution 4 Planning Canmiaria Resolution Na 98-50 Csdinad Use Penner 98-18 143 Alain Saret—Hamner:Tavern December 9,1998 kill, harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. a Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. o Methods of dealing with intoxicated customers and recognizing under age customers. 8. The following organizations provide training programs, which comply with the above criteria: o Provider peoartment of Alcoholic Beverage Control Program: Licensee Education on Alcohol&Drugs(LEAD) Telephone: (714)558-4101 Date: Ise Monday of each month Time: 10:00 am. to 1:30 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Santa Ma o Provider: Orange County Health Care Agency Alcohol &Drug Education Prevention Team(ADEPT) Program: Serving Alcohol Responsibly(BARCODE) Telephone: (714) 834-2860 a Karen Keay Date: They will schedule appointments Cost: $12.95 per person 9. The hours of operation shall be as established by CUP No. 2-89: 11:00 A.M.to 1:00 A.M.,Monday through Saturday 9:00 A.M.to 11:00 P.M., Sunday 10. The hours of non-amplified entertainment shall be as established by CUP 92- 13: 7:00 P.M.to 11:00 P.M.,daily. 11. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 12. 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. 13. 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. CUP 91-111(Hrmvey.).PC Rsolinia 5 ?laming Camut ice,Remlal n Na 98-50 Caditunal Use Penni:98-18 143 Man Street-Norway's Town December 9.1998 14. The establishment shall have a public telephone listing. 15. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 16. 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 Reach, to require the provisions of additional security measures. 17. CUP 698-18 shall be automatically terminated if the operation is no longer maintained as a"bona fide public eating place" as defined by the ABC, and as audited by the City staff. 18. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 19. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, except for the types of entertainment specifically authorized by Conditional Use Permit 92-13, issued by the City Council, and unless such uses are consistent with the license conditions imposed by ABC or a Special Activities permit is issued to the applicant by the City Manager of the City of Seal Beach. 20. 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. 21. 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. 22. A modification of this CUP shall be applied for when: v The establishment proposes to change its type of liquor license. QIP 9a-Il(nmssys).PC Resolution 6 Planning Cameunion Resolution No.98-58 Conditional Use Penni!98-18 143.14ain Street—Hnmessg s Tavern December 9,1998 o The establishment proposes to modify any of its current Conditions of Approval. o There is a substantial change in the mode or character of operations of the establishment. 23. 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. 24. Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance. He/she must maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 25. All alcoholic beverages served in the outdoor dining area must be served in glass containers;none may be served in bottles. 26. The outdoor dining area shall be completely surrounded by a minimum 36" high fence enclosure. In addition, this area shall be capable of being completely enclosed by double-paned sliding glass doors, and said area shall be completely closed in at 11:00 PM each night. No ingress/egress shall be permitted to/from the outdoor dining area, except through the interior of the restaurant and the permitted entrance from the parking lot area adjacent to Main Street. 27. The applicant shall continue to pay a parking impact mitigation fee in the amount of $100 per space per year for the eleven (11) deficient puking spaces, and building permits shall not be issued for the proposed construction approved by this Conditional Use Permit until all delinquent fees are paid in full and no outstanding payments for this property exist. 28. Provide a minimum 3-foot wide landscaped planter area along Central Avenue, enclosed by a minimum 6" high concrete curb. Landscape plans to be reviewed and approved by the Street Tree Division of the Parks and Recreation Department. Automatic sprinkler system to be provided. 29. A grease trap shall be provided for the restaurant in accordance with the standards of the Orange County Health Department. CUP MIS(He eyslPCaaaluina 7 Plamim8 Commission Resolution No.98-50 Conditional Use Permit 98-18 143 Main Sweet—Neeuvey't Tavern December 9.1998 30. Applicant and City to explore in good faith the feasibility of constructing a "corner bench, Newspaper racks, and trash receptacle" structure at the corner of Main Street and Central Avenue as set forth in the design concepts for the "Preliminary Streetscape Plan — Main Street Specific Plan" as prepared by ARM Design Group. City and applicant to share on a 50/50 cost ratio the preparation of preliminary design concept and final construction plans, if determined feasible. If construction is determined feasible, City and Applicant to share all construction costs on a 50/50 cost ratio. 31. Within 3 months of the final inspection for said remodeling activities, the Applicant shall complete the following public improvements along Main Street and Central Avenue: o Central Avenue - Remove and replace all sidewalk, curb and gutter, and replace in accordance with City standards (City to share costs on a 50/50 ratio). o Main Street—Remove and replace all stamped brick sidewalk/access ramp at the corner of Main Street and Central Avenue and replace in accordance with City standards; remove and replace curb, gutter and sidewalk along that portion of Main Street adjacent to the front building overhang, back to the second score line, and replace in accordance with City standards (City to share costs on a 50/50 ratio). o Health and viability of existing ficus trees along Central Avenue to be reviewed by the Street Tree Advisory Committee, and if determined to be appropriate to be replaced, City to share replacement cost on a 50/50 ratio. 32. Th door to the establishment facing Central Avenue shall be an emergency exit only, subject to the approval of the Orange County Fire Authority. If the door is required to be operational for ingress and egress, the exterior side of the door shall be designed to discourage use as a main entrance to the establishment. ' 33. The parking lot shall be designed with a low wall to prevent direct pedestrian access to the parking lot from the Northeast corner of the building. 34. 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. 35. The tens of this permit shall be six (6) months, beginning the first day of operation of the new restaurant. At the end of the initial term, the applicant may apply to the City for a twelve (12) month extension, and finally, an indefinite extension. The Planning Commission may grant an extension as CUP 911-18(Hmmueym)PC Radu4eo a Planning Carenfmian Resdian,Na 98-50 Conditional Use Permit 98-18 143 Main Street-Heaesey,Tavern December 9,1998 discussed above, provided that all 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 submitted to the City prior to consideration of any extensions. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of December 1998,by the following vote: AYES: Commissioners Brown, Cutull, Hood, Larson and Lyon NOES: Commissioners None ABSENT: Commissioners None d" Fyt...11{ Brian ('r rown,MD Chaim n of the Planning Commission ff fffdWhittenberg ��v/// $$$$$$ecretary of the Planning Commiss' n QIP 911-It(Haomnsy4PC aeooM400 9 haat Hain rt App cfAppowl plCadoonal Us.Nmdt%!8 Harming Caw®imRmhLLwMXO Cb'Cea.YBbFgof Jwuy 11,1999 ATTACHMENT 4 Planning Commission Minutes of December 9, 1998 23 CJP98-18.Appeal s.cwgan City of Sal arch Ptennin6 Department—Minutes of December 9,1998 1 2 MOTION by Larson; SECOND by Lyon to approve Resolution No. 98-49, thus 3 approving Planned Sign Program 98-1 for the Bixby Old Ranch Towne Center. 4 5 MOTION CARRIED: 4—1 6 AYES: Larson, Lyon, Brown, Cutuli 7 NOE: Hood 8 9 Mr. Steele advised that the Planning Commission's determinations are final and 10 the ten calendar-day appeal to the City Council begins tomorrow. 11 12 13 5. Conditional Use Permit 98-18 14 143 Main Street 15 16 Staff Report 17 Mr. Whittenberg delivered the staff report. [Staff report on file in the Planning 18 Department]. The Director indicated that the Planning Commission made a 19 determination at their November 25th meeting that a new CUP was needed. 20 21 The current application includes: 22 o A 12' outdoor dining area at the front of the building. The patio does 23 not extend into the sidewalk area, it's within the existing building 24 behind a low wall. 25 a A change of the entry from directly off Main Street to the corner of the 26 building by the parking lot. 27 a Interior modifications to change the seating to the front of the building 28 and moving the bar back 7'. 29 a Extending the size of the bar from 23' long to 30'. 30 a Relocating and consolidating the kitchen to the rear of the restaurant 31 a Providing ADA-compliant restrooms. 32 PF33 Commission Questions of Staff Velk 34 35 Chairman Brown said the history of this property is complicated, having multiple 36 City approvals for the site. This CUP builds on a prior CUP and/or a prior 37 Variance. He asked Mr. Whittenberg if he would care to give the history on this 38 site? 39 40 Mr. Whittenberg gave a brief history of 143 Main Street, saying in the 1980's it 41 was a wine and cheese shop, in 1984 CUP 84-22 was approved for a beer and 42 wine take-out license. In 1989 it was approved for a full-service restaurant. That 43 approval determined certain hours of operations to which the restaurant must 44 occur. 45 46 Chairman Brown asked to see copies of those approvals. 20 City of Seel Bach Planning Dsperhnert—Minutes of December 9, 1998 1 Mr. Whittenberg said they had been provided to the Commissioners this evening. 2 They weren't included in the staff report packet is the only thing being considered 3 under this application is to revise the floor plan. 4 5 Chairman Brown asked if the Commission, at this time, can review the 6 Conditions of Approval on these CUPs? 7 8 Mr. Whittenberg said the approval being sought tonight is a change to the floor 9 plan with a new operator. 10 11 Chairman Brown asked, for the sake of argument, if CUP 89-2 was being 12 completely violated—could the Commission review CUP 98-18 in light of CUP 13 89-2? One CUP rides on top of the other. 14 15 Mr. Steele said if the Planning Commission had evidence that suggesting 16 violations of CUP 89-2, the Commission could schedule a hearing and provide 17 Notice to the property owner and the operator of the business. You would have 18 to let them know you were going to review compliance with the Conditions of 19 Approval. 20 21 Chairman Brown asked wouldn't this be the logical time to do that? 22 23 Mr. Whittenberg said the difficulty in doing that is the previous operator of the 24 restaurant at 143 Main Street is not the new operator of the restaurant at 143 25 Main Street. What may or may not have occurred with the previous owner is 26 something that no longer exists. You can't make a new operator responsible for 27 the business operation he had no control over. 28 29 Chairman Brown agreed, noting the new operator will have to comply with the 30 previous conditions of CUP 89-2. But he said he has no what those 31 Conditions of Approval are. A 32 n !'1/4 33 Mr. Whittenberg said those are the conditions Dfffore the Commission tonight. 34 The resolution sets forth the Conditions of Approval. That was the material he 35 had telephoned to request and of which staff made copies for all the 36 Commissioners. Resolution No. 92-25 is on the top of the Xeroxed materials. 37 The Conditions of Approval begin on page 2. At the request of the Chair, 38 Director Whittenberg summarized those Conditions of Approval. 39 40 Public Hearing 41 42 Paul Hennessey–143 Main Street 43 Mr. Hennessey introduced himself as the applicant and owner of Hennesseys 44 Tavern and said they were taking over a full-service restaurant. They plan to put 45 in a new restaurant with basically the same floor plan and new kitchen 46 equipment It will be operated as a full-scale restaurant. After the concerns 21 City of sed Bosch Planning Deporbnent—Minute of December 9, 1998 (--1 people expressed at the last Commission hearing, Hennesseys Tavern, Inc. 2 decided to change the name to Hennesseys Tavern Grill —to differentiate it 3 from what they used to operate here and to show that they are putting in a more 4 upscale restaurant. 5 6 pavid Rosenman •8"' Street..Seal Beach 7 Mr. Rosenman made a specific recommendation to move the proposed front 8 door location. It would be a problem as suggested because people will 9 congregate by the door and will create noise. The principal entrance should be 10 directly off Main Street. Having it there would make the noise go forward onto 11 Main Street and would eliminate problems for the church. 12 13 Rea Clewlev•Catalina. Seal Beach 14 Mr. Clewley said this site is already delinquent on the in-lieu parking fees, as is 15 the restaurant at 140 Main Street. He complained that the City has no code 16 enforcement and the fees won't be collected. 'There's pppne enforcing anything 17 in this town'. RP 18 O 19 Dave Winnek ' 11° Street. Seal Beach 20 Mr. Winnek spoke in favor of the project as proposed. 21 22 Jim Benson. Esa. *711 Electric Avenue. Seal Beach 23 Mr. Benson explained he represented Dorothy Nescher, the owner of this 24 property. He said they support the application as presented. 25 26 Steve Matthews 'Chef•Hennessev's Tavern 27 Mr. Matthews said he is the chef for Hennessey's Tavern Inc. He related his 28 professional qualifications. He presented Hennesseys menus from many of 29 Hennessey's restaurants, which have been opened over the last few years. 30 They will be catering. The new menu is more upscale. He mentioned several 31 charitable events that his firm has worked for. 32 33 Gillian Young •Marina Drive. Seal Beach 34 Ms. Young said she has worked at Hennessey's for two years and it's a fine 35 establishment. She supported this application. 36 37 Robin Holiday•First Street. Huntington Beach 38 Ms. Holiday said she has worked at Hennesseys for one year and four months. 39 She supports this application and says they respect the City's laws. 40 41 John Rohana •eh Street, Seal Beach 42 Mr. Rohana spoke in support of this project. He said he used to live behind 43 Hennesseys and found them to be cooperative neighbors. 44 22 City of Sal Beach Planning.Department—Minutes of December 9. 1908 1 Susan Ariano•Montec to Road. Seal Beach 2 Mr. Arian spoke in favor of this project, noting she has been their manager for 3 twelve years. She said she was upset at the allegations of wet T-shirt contests 4 because they never happened. They did have one beauty contest twelve years 5 ago in connection with a Miller Life volleyball tournament. 6 7 Jeff Ettson •8°i Street Seal Beach 8 Mr. Ettson spoke in opposition to this proposal saying he didn't have an issue 9 with Hennesseys in particular. His problems were with Clancy's and the Irisher 10 who are not good neighbors. They are noisy and smoky. The building at 143 11 Main Street can't be conforming because it's built right up to the alley. He 12 expressed concerns about alley safety for vehicles and pedestrians. 13 14 Joan Ward •8"' Street. Seal Beach 15 Ms. Ward spoke in support of this application, saying she has lived in the City for 16 27 years and felt Hennessey's is the only place she can golo and feel safe and 17 get home safe. p►F 18 DR19 Jenny Siebert•No Address Given 20 Ms. Siebert said she's been Hennesseys bookkeeper for 8%years, it's a dean 21 place and she would take her grand children there. 22 23 Camille Shakkour'No Address Given 24 Mr. Shakkour said he has been the regional manager at Hennesseys for twenty 25 years. They averaged 10,000 meals per month at 140 Main Street in Seal 26 Beach. This year they will serve 800,000 to 900,000 meals at their other 27 locations company-wide. The food service is a very integral part of their 28 operation. Liquor doesn't provide longevity in their business but food service 29 does. That's why they have expanded their menu. They service the Radisson 30 Hotel in Seal Beach and expect that to continue. 31 32 (Name Could Not Beach Heard No Address Given) 33 Mr. said he has worked for Hennessey's Tavern for 10 years and is the 34 regional manager for San Diego to Laguna Beach. Their company focus has 35 been very strong on food. That gives them longevity. He says they do not 36 operate as a bar and conform to what the cities want them to do. They are 37 known as a neighborhood meeting place. 38 39 Jennifer Hennessey•No Address Given 40 Mrs. Hennessey said that she and her husband, Paul Hennessey, are the sole 41 owners of Hennesseys Tavern, Inc. and sacrificed to get their business going. 42 They are a small chain with a good reputation. She detailed many of the things 43 Mr. Hennessey does to make his restaurants succeed. She detailed the many 44 charities they contribute to and the many events they participate in Seal Beach. 45 46 David Rosenman •8th Street 23 City of Seel Bach Planning Deportment—Minutes of December 0,1998 nMr. Rosenman asked that during the rebuttal, Mr. Hennessey comment on the 2 enforcement proceedings taking place in Laguna Beach. The Hennessey's at 3 that location was accused of selling alcohol to a minor. Additionally, there was 4 an enforcement action in Seal Beach and two bouncers were at the door for 5 some time. These personnel have left and he wondered what happened. 6 7 Sharon Rich •Lacuna Beach 8 Ms. Rich spoke in favor of the proposal, citing community involvement by 9 Hennessey's and many fundraisers. She has worked at Hennessey's for 3% 10 years. 11 12 Mark Ericksen • 116 Ban Street. Seal Beach 13 Mr. Ericksen spoke in favor of the proposal, saying he frequented Hennessey's 14 and thought they were a fine establishment with good food. 15 16 Jeff Ettson •8th Street. Seal Beach 17 Mr. Ettson said he wanted to be more specific on his comments. He was 18 concerned there be an adequate setback on the alley and closure of the back 19 entrance, which leads directly onto the alley. He suggested the alley be cleaned 20 up. 21 22 Mr. Whittenberg said the City had received five letters in opposition to this project 23 and noted they were provided to the Commission: 24 F�25 a Grace Community Church D� 26 o Norma Chafe at 725 Balboa Drive 27 D Malcolm Green at 212 8th Street / 28 D Don Sheppard of 8th Street 29 D Gail Ayres of Central Avenues 30 31 Rebuttal 32 33 Paul Hennessey said he would be investing a tremendous amount of money into 34 143 Main Street to bring the building up to code, clean up the parking lot and 35 alley, improving the landscaping and redo the entire exterior. They have a 36 vested interest in downtown and want to see it improve. He explained that 14 37 years ago they were sought out by the City to revitalize the downtown area. 38 Their menu will be different, their decor will be different. They want to 39 compliment the existing restaurants. They are professional restaurant operators 40 and want to operate successfully. They have shrunk the barstools from 30 to 18, 41 there will not be a piano bar, the front door will be off Main Street, and it will be at 42 an angle for easier access. 43 'Provided to staff during the meeting and shown to the Commission. 24 City of Sal Bach Planning Oportmont—Minutes of Member 9, 1998 1 Commissioner Larson asked if it would be possible to make the door to the 2 parking lot an'emergency only' door? 3 4 Mr. Hennessey said yes. He would be willing to make It that way. It has to have 5 panic hardware on the inside but it doesn't have to have a handle on the outside. 6 7 Mr. Whittenberg said he would want to ensure; with the Fire Authority that that 8 can be an emergency only exists. Certain types of occupancies need to have 9 two fully operational doors. He suggested a Condition of Approval could be 10 added to say the door will be for exit only subject to concurrence with the Orange 11 County Fire Authority. 12 13 Mr. Hennessey suggested he could do other things outside to not draw attention 14 to that door—such as not lighting it overhead. He could make the focus on the 15 front door. 16 F� 17 The Chair dosed the Public Hearing. 18 Q�A "� 1'� 19 Commission Deliberations 20 21 Chairman Brown asked why is the Planning Commission going through this 22 exercise? Because CUPs run with the land the City doesn't have much control 23 over this establishment The Planning Commission can review CUPs. For 24 example, where people fail to maintain a site as a restaurant, as defined by ABC, 25 and it becomes a bar, the Planning Commission can review that CUP. He said 26 he received a lot of telephone calls on this application. Most of them asked why 27 am you guys discussing this if you can?do anything? Ifs a good question and 28 apparently it wasn't dear what the Planning Commission was doing with this 29 applicant. 30 31 He said the problem is that everyone comes to this city and has wonderful plans. 32 They come in as one thing and migrate into something else. That's always a 33 concern of the residents and that's why there was so much discussion about this. 34 As presented, the application looks good and what people want. Time will tell 35 whether it ends up this way. There's a 12-month review on this. He would like to 36 add to that condition the fact that the Commission will review the fact of whether 37 ft's truly a restaurant as defined by the ABC. The other problem brought to his 38 attention about ABC compliance is that ABC only has one enforcement officer 39 who looks at half of Los Angeles, Riverside and San Bernardino counties. He 40 asked to have the City audit the records of food sales versus alcohol sales. 41 42 Regarding the alley setbacks, this building is pre-existing and the Commission 43 can't do anything about this at this time. 44 45 Regarding parking, they are short eleven parking spaces. 46 25 City of Sul Beech Planning Department—Minutes of December 9.1998 1 Mr. Whittenberg said the site is not able to comply with the City's parking 2 standards and that's why the Variance was approved in 1989. The property is 3 under an agreement to pay$100 per parking space per year for the eleven 4 spaces. 5 6 Chairman Brown asked how many parking spaces this building requires? 7 8 Mr. Whittenberg said it requires one parking space per 100 square feet of 9 building area or 26 parking spaces. They have 6 or 7 spaces available in the 10 shared lot. 11 12 Mr. Whittenberg said John's Food IGng and this restaurant share the parking lot. 13 Part of both parking requirements is met by controlled utilization of that lot. He 14 didn't recall the number of parking spaces in that lot but this site is 11 spaces 15 short of meeting their requirement. 16 17 Chairman Brown said in the past Papillion's was using par spaces at Grace 18 Community Church. DRA. 19 20 Mr. Whittenberg said that was a condition imposed by the California Coastal 21 Commission, not a City condition. The Coastal Commission has more stringent 22 parking conditions than the City does. For Papillion's to meet Coastal's 23 requirements they were required to provide additional parking within 500' of the 24 site. 25 26 Chairman Brown said this restaurant is paying in lieu parking fees of$100 per 27 space and he felt that was an enviable rate. The $1,100 goes into the parking 28 fund for improvements to parking areas along Main Street. 29 30 Mr. Whittenberg noted some of those funds have recently been used for 31 upgrading the parking lot in the 100 block of Main Street. It has new landscaping 32 and restriped spaces. 33 34 Commissioner Cutuli asked if there was a direct access between the outside 35 dining and the parking area in this plan? 36 37 Mr. Whittenberg said no, there is not a direct access. Access to the outside 38 dining area is at the corner, at Main Street. It's not a parking lot space. Staff has 39 not seen the final parking lot details but this patio would be exited at the comer of 40 the parking lot by Main Street. 41 42 Commissioner Cutuli explained he was asking because he had observed people 43 coming out of the previous Hennesseys staggeringly drunk. If they were doing 44 that in direct communication with a parking lot, where people are pulling in and 45 out, ft would be a dangerous situation. If the patio were separated from the 46 parking lot this would be more acceptable as it wouldn't be as dangerous. • 26 City of Seal Beech Planning Department—Minutes of December 9. 1998 2 Commissioner Cutuli commented on the intensification of the use of this property 3 upon tenant improvements and expansion into the parking lot area. It's more of a 4 use of the property than the original CUP was granted for. The previous 5 Hennessey's had decent food but that was definitely a bar. He said he would like 6 to see the City review the ratio of food sales to alcohol sales to ensure this will 7 remain a restaurant. The ABC determines the ratio. The City should continue to 8 monitor this ratio, independent of the ABC's monitoring. 9 10 Mr.Whittenberg said the Planning Commission has discretion on the entry to the 11 restaurant. If the Commission feels it's more appropriate to have the entry 12 remain directly off Main Street it has the authority to make that change. If the 13 Commission feels it's appropriate to leave the entrance at the corner of the 14 building and require fencing to direct patrons it has that authority also. 15 16 Commissioner Hood said it seemed to him that the Commission's course is 17 preordained. This will make more money for the City and the neighbor's don't 18 wantiL 19 DR Af RAF 20 Commissioner Lyon said there seem to be a lot of recommendations tonight but 21 he didn't hear any complaints. 22 23 Commissioner Larson said he had not listened to a Public Hearing where there 24 has been as much difference in testimony—one side being the applicant and 25 the other side describing a completely different restaurant. He noted 26 Hennessey's couldn't be held responsible for other bars on Main Street. Seal 27 Beach has too many bars in it, but this is not the time when the Commission can 28 change the number of bars. If the Commission decides to approve this 29 application, it will have to be content with monitoring the establishment. The 30 neighbor who will feel the most pain is the church and he disliked seeing them 31 suffer. But it's the same building that was there before. With the instruction on 32 jurisdiction given by Mr. Steele, the Commission has little choice but to approve 33 this. 34 35 Chairman Brown said he did address the issue of what the Planning Commission 36 is doing tonight. The only real issue is whether the changes in the layout change 37 the nature of the business. If the Commission chooses to deny this application, 38 what could happen is the applicant would keep the same facility that exists and 39 open up his business. Hopefully, allowing this applicant to remodel will make it 40 into a better establishment. He agreed that there is a real difference of opinion 41 as to what the old Hennessey's is about. Most people sincerely hope that the 42 newer Hennessey's will turn into more of a restaurant. 43 44 Commissioner Cutuli asked if the Commission could vote on the plans in 45 segments —for example the inside, the outside etc.? 46 27 City of sed Beech Planning Department—Minutes of December 9, 1998 1 Mr. Whittenberg said yes. 2 3 Commissioner Cutuli said he would like to see the outside dining part eliminated. 4 It increases the square footage of the entire operation and gives it more than 5 what the original CUP was granted for. 6 7 Chairman Brown asked if the outside patio took away from the interior square 8 footage? 9 10 Mr. Whittenberg said the proposed outside patio is not a part of the inside eating 11 area. It's not an expansion of the building. It's the opening of a front wall as it 12 exists now. AFT 13 AFT 14 Commissioner Cutuli said he felt the open unto the parking lot was dangerous 15 and he didn't like it. It should be blocked off somehow. 16 17 Before the vote the Commission discussed the entrance and parking lot issues. 18 19 Commissioner Cutuli said if the restaurant has a corner entrance, there should 20 be an impediment between the parking lot and the business itself. He wasn't 21 quite sure how to achieve this but stressed the safety of patrons. 22 23 Mr. Hennessey said their intention was to build a small decorative stone wall to 24 protect people or cars from getting into that area. 25 26 MOTION by Larson; SECOND by Cutuli to approve Resolution No. 98-50, thus 27 approving Conditional Use Permit 98-18, as amended: 28 29 a Condition#17: City staff shall monitor the ratio of food sales to alcohol 30 sales to ensure the new establishment remains a bona fide eating 31 place as defined by ABC. 32 33 D New Condition#32: The door to the establishment facing Central 34 Avenue shall be an emergency exit only, subject to the approval of the 35 Orange County Fire Authority. If the door is required by the Fire 36 Authority to be operation for ingress/egress, the exterior door shall be 37 designed to discourage use as an entrance to the restaurant. 38 39 a Renumber Conditions#32 as#33 and#33 as#34. 40 41 a New Condition#35: The parking lot shall be designed with an entrance 42 wall to prevent direct pedestrian access to the parking lot at the 43 northeast corner of the building. 44 28 City of Seal Beach Planning Dpnhnad—Minutes of December 9,1098 1 Mr. Steele said Condition#27 does indicate that there shall be no building 2 permits issued until the presently delinquent parking fees (from Papillion's) are 3 paid. R CT 5 MOTION CARRIED: 5-0 DRAT l 6 AYES: Cutuli, Larson, Brown, Lyon, Cutuli 7 8 Mr. Steele advised the Planning Commission's action is final tonight and the ten 9 calendar-day appeal period begins tomorrow. 10 11 Mr. Rosenman said Commissioner Brown had asked the question 'Why are we 12 doing this? The application for CUP 98-18 demonstrates that Mr. Hennessey 13 and his corporation heard some of the things that were said at the previous 14 Commission meeting. There's utility in that. 15 16 STAFF CONCERNS 17 18 Mr. Whittenberg suggested the Commission cancel the regularly scheduled 19 December 23 meeting, as there were no business items scheduled. 20 21 Chairman Brown got full Commission consent to cancel that meeting. 22 23 COMMISSION CONCERNS 24 25 Commissioner Hood said he would be absent January 6, 1999. 26 27 ADJOURNMENT 28 29 Chairman Brown adjourned the meeting at 11:12 p.m. 30 31 Respectfully Submitted: 32 33 34 35 Joan Fillmann 36 Executive Secretary 37 Planning Department 38 29 Palk 1M 1 n:Anon!ofApproval q'CnatlaW UsrPerms 98-18 Planning CawtlebRsltm 9-30 C*Council s,48 1 lazy II,1999 ATTACHMENT 5 Planning Commission Staff Report of December 9, 1998, with Attachments 1 through 8 24 CUP 98-18Appul Staff Report Deamber 9, 1998 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: Conditional Use Permit 98-18 143 Main Street GENERAL DESCRIPTION I Applicant. HENNESSEY'S TAVERN,INC. Owner: DOROTHY NESCHER Location' 143 MAIN STREET(PREVIOUSLY PAPIL.LON RESTAURANT) Classification of Property- MAIN STREET SPECIFIC PLAN ZONE Recuest: To REMODEL THE INTERIOR OF AN EXISTING RESTAURANT; PROVIDE A SEMI-ENCLOSED DINING AREA AT THE FRONT OF THE BUILDING; AND RELOCATE THE FRONT DOOR FROM MAIN STREET TO THE NORTH SIDE OF THE BUILDING AT THE SEMI- ENCLOSED DINING AREA Environmental Review. THIS mama IS CATEGORICALLY EXEMPT FROM CEQA REVIEW AND IS IN ACCORDANCE WITH THE PROVISIONS OF THE MAIN STREET SPECIFIC PLAN, ADOPTED IN ACCORDANCE WITH NEGATIVE DECLARATION 96-1 Code Sections. 28.1250.B.(16); 262503; 28-2504 Recommendation. APPROVAL, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF,AND AS MAY BE FURTHER REVIS ED BY THE COMMISSION AFTER CONSIDERING PUBLIC TESTIMONY. LWAyDear,1WI01.1t Sur Report-nre2;143 MS avStLW04)A1 ) CUP 98.18.Planning Comm:Wan Ste Report 14S Atm Sant-Hennetry a Tarem Deantber 9,1998 FACTS • On November 5, 1998,Hennessy's Tavern Inc. (the"Applicant")filed an application with the Department of Development Services for Conditional Use Permit 98-18, for an interior remodeling of the existing restaurant,the creation of a semi-enclosed outdoor dining area, and the relocation of the front entry into the restaurant from the front of the restaurant to the northerly side of the restaurant,adjacent to Main Street. • The proposed remodel consists of the following major components: o Provide separate men and women handicapped accessible restrooms o Relocate kitchen and food preparation areas to the west of the bar area o Provide new walk-in cooler o Redesign bar area in generally the current location o Relocate the entry of the restaurant from Main Street to the north side of the building, adjacent to the parking lot area. o Elimination of the piano bar area approved through Conditional Use Permit 92-13. o Provide a semi-enclosed outdoor dining area within the front 12 feet of the existing restaurant structure. ■ The subject property contains approximately 8,813 square feet, including the parking lot area jointly shared by this property and John's Food King Market across Main Street, and is located at the southwesterly corner of Main Street and Central Avenue. • The subject property has 75 feet of frontage on Main Street, 50 feet being the parking lot area. • The subject property contains an existing restaurant structure with currently valid alcoholic beverage licenses for on-sale general liquor sales and a currently valid entertainment permit approval from the City of Seal Beach fora single, non-amplified entertainer from 7:00 p.m. to 11:00 p.m.,nightly. • The subject property has received the following approvals from the City: o Variance 15-84 for the provision of less than the required on-site parking. o Conditional Use Permit 19-84 for on-sale beer and wine in conjunction with the delicatessen restaurant,issued to Old Town Wine and Gourmet. o Conditional Use Permit 22-84 to permit the establishment of a take-out restaurant (deli). o Variance 249 for the provision of less than the required on-site parking in conjunction with a new restaurant. o Conditional Use Permit 2-89 for an on-sale general liquor license in conjunction with a new restaurant. Page 2 1/4l8 Staff Repots-Heeneaeyr, WHAM Street CUP D&la,Planning CaruWsion SaffRepon 143 Main Street—Heaairy's Tavern December 9,1998 o Conditional Use Permit 92-13 for a single, un-amplified entertainer between 7:00 P.M. and 11:00 P.M.,nightly. ■ The nearest residential property is approximately 130 feet to the southwest, south of Grace Brethren Church and 300 feet to the west, along Central Avenue at the corner of Central Avenue and Seventh Street. • The surrounding land uses and zoning are as follows: o NORTH — adjoining parking lot, with another restaurant on the north side of Central Avenue, in the Main Street Specific Plan(MSSP)Zone. o SOUTH&EAST—Commercial retail businesses in the MSSP Zone. o WEST—Grace Brethren Church in the Residential Haigh Density(RHD)Zone. ■ The subject property is considered to meet ell on-site parking requirements through a combination of on-site parking spaces,in-lieu parking spaces and grandfathered spaces. ■ The current operating hours for the restaurant are: o 11:00 a.m. to 1:00 a.m.,Monday through Saturday o 9:00 a.m. to 9:00 p.m, Sunday • The current allowable hours for live entertainment (single, un-amplified entertainer) are 7:00 p.m.to 11:00 p.m.,nightly. • Michael Sellers, Chief of Police, ahs reviewed the proposal and existing records, and has no reservation regarding the proposed remodeling, other than a concern regarding persons stepping outside the restaurant for smoking purposes, and the potential for related noise created by those persons. He also recommends the proposed semi-enclosed outdoor dining area be enclosed as recommended by Staff after 11:00 P.M. Aeolicant's Statement; See attached application(Attachment 3). DISCUSSION I The applicant is proposing to remodel the interior of an existing restaurant, including the conversion of the front 12 feet of the existing restaurant to a partially enclosed and covered outdoor dining area, as part of a change of business operator at the restaurant from Papillon's Restaurant to Hennessey's Tavern. In addition, exterior remodeling is occurring which is not a concern of the Conditional Use Permit approval, other than the proposed entrance relocation at the front of the restaurant. The restaurant location as previously been approved through several conditional use permits for the type of use requested, and for the general operational lay-out of the restaurant facility, as proposed to be revised by the subject request. Page 3 98-It Staff Report-Henaeaeys, 143 Alin Street CUP 96-/9,Planning Caewnuion Staff Ripon 143 Main Seen-Jlsmn }Toon, Qrcwber 9,/999 Interior Remodeling Prppo al: Conditional Use Permit 92-13 approved a particular floor plan, and that CUP runs with the land. A significant change in use or major aspect of the use on the subject property requires a new CUP or an amendment to the existing CUP. The Planning Commission considered a request from staff regarding a consistency determination on November 18, and determined it was appropriate for a new conditional use hearing to be held to receive public input regarding the compatibility of the revised floor plan with the Main Street business area and on adjoining land uses. It should be noted that this hearing involves only an amendment of an existing conditional use permit at the property that runs with the land. The previous approved floor plan indicates the bar area to be 19 feet from the front of the building, and being approximately 23 feet in length and 9 feet wide. The proposed bar location is 28.5 feet from the front of the building, and is 30 feet long and 8 feet deep. These descriptions define the non-public area behind the bar, including storage and serving areas. They do not define an area of"bar"seating,as it is difficult to differentiate from a table being used for dining or"bar" purposes in the open seating areas in close proximity to the bar. The previous bar area also provided some of the kitchen facilities. The revised plan indicates all of the kitchen facilities will be located separate form the bar area, and located more to the rear of the structure. The proposed plans indicate that approximately 695 square feet are devoted to the kitchen,food preparation,walk-in cooler and janitor areas. The existing restrooms are not handicapped accessible and are approximately 5 x 7 feet in size, a total of approximately 70 square feet for restroom area. The proposed restrooms are handicapped accessible, with the women's restroom comprising approximately 110 square feet and the men's restroom comprising approximately 118 square feet. The previous floor plan had a rear bar area also, which is not proposed to be retained under the present remodeling effort. The basic result of the proposed interior remodeling is to place more dining area at the front of the restaurant and moving the bar area away from the front of the building by approximately 7.5 feet. Provided below is an approximate breakdown of the sizes of the various areas of the restaurant, before and as proposed: DREAkeita Previous Plan protrose Plan Public Area 1,458 square feet 1,369 square feet* Bar Area(non-public area) 249 square feet 328.5 square feet Ritchen/Food Preparation 842 square feet 695 square feet Restrooms 164 quare fat 291 quare feet Total 2,713 square feet Z683 square feet Page 4 98-1*Stiff Ryon-Mennen+; 143 Main Street CUP 98.18,Planning Caunissinn SteRepon 143 Math Sarre-Hennessy',Town DeasNr 9.1998 • Includes all public areas,including proposed outdoor dining area Note: areas will not be equal,as interior walls not included in the calculations. Lastly,the applicant is proposing to relocate the entry into the restaurant from its current location along Main Street to the north side of the restaurant, facing the parking lot adjacent to Main Street;and to trate a semi-enclosed dining area within the front 12 feet of the existing restaurant, similar in concept to the semi-enclosed dining area at BI's Pizza, 209 Main Street. This allows for a more efficient seating arrangement within the restaurant,and allows for more table seating to be located closer to Main Street than under the previous floor plan. No change of hours is proposed. Staff believes the proposed plan substantially conforms to CUP 92-13, and will be equally compatible with the surrounding uses,the community in general,and the General Plan. Outdoor Dining Area: In general, staff has little concerns with outdoor dining areas at restaurants, which also serve alcoholic beverages. Along Main Street, where there is a high amount of pedestrian traffic, staff has some concerns with patrons either leaving the premises with an alcoholic beverage or passing such beverages to passersby. However, due to the existence of a similar outdoor dining area at BTs Pizza, in the next block to the north, with no complaints regarding this issue, such concerns are slight. Staff's chief concern with the proposed outdoor dining area is late night noise from patrons. This is particularly applicable since the recent ban of any interior smoking at restaurants and bars. For this reason, staff believes smokers will likely congregate in the outdoor arca. It is the recommendation of the Police Chief and the Department of Development Services that the outdoor patio area be provided with double-paned sliding glass doors that can be closed to fully enclose the patio area. This would allow for the area to be dosed off in the late evening to alleviate potential noise issues, and also allow the area to continue to be utilized during times of inclement weather. Staff recommends the Commission allow the outdoor dining area subject to a series of short review periods. Staff recommends the outdoor area be completely surrounded by a minimum 3C' high fence/enclosure and that no ingress/egress be permitted through the patio area, other than the requested entry point from the parking lot adjacent to Main Street. In addition, this area shall be capable of being completely enclosed by double-paned sliding glass doors, and said area shall be completely closed in at 11:00 PM each night. This recommendation is proposed in order to provide an additional degree of security/supervision for the outdoor dining area, and to provide for the capability of the area to be utilized by the restaurant during inclement weather. Staff recommends the Commission consider the above recommendation, along with several options regarding the proposed outdoor dining area: Pate s 98.16 StaffRepott-Heanesseys, 143 Alin guest • CUP 96-ia,Plowing Cans to ion Skiff Report 143 Main Soret-Nawnry 1 Tavern Deeoubw 9.1998 Allow the requested restaurant configuration without any shortened review periods. It at any of the review periods,the Commission determines the outdoor dining area has significant impacts on surrounding uses,the Commission could: I Require a security guard after certain hours. I Require the outdoor area be dosed after a certain hour earlier than 11:00 P.M. ✓ Req u re the outdoor area be re-enclosed. The Public Works Department has reviewed the site and recommended several public improvements to the curb,gutter and sidewalk at this property. The recommendations of the Public Works Department are set forth as Conditions 30 and 31 below. In addition, staff is recommending the provision of landscaping along Central Avenue in accordance with the Main Street Specific Plan and the installation of a grease trap within the restaurant to alleviate blockage problems the City experiences to the sewer system within the Main Street area. Based on comments received at the November 18 Planning Commission meeting, the Applicant has submitted samples of menus, catering menus, special dinner events and other information regarding the proposed business operation. This material is provided as Attachment 4. RECOMMENDATION I Staff recommends the Planning Commission, after considering all relevant testimony, written or oral, presented during the public hearing, approve Conditional Use Permit 98-18 subject to conditions regarding the proposed outdoor dining area and six-month and twelve-month review periods. Staff recommendation is based upon the following: o Conditional Use Permit 98-18 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Main Street Specific Plan" zoning designation for the subject property and permits restaurants serving alcoholic beverages subject to the issuance ofa conditional use permit. The proposed conditional use permit is a request to modify the previously approved floor plan to accommodate handicapped accessible restrooms,and remodel the interior of the existing restaurant space. 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. o The style, height and bulk of the remodeled existing structure are consistent with surrounding residential and commercial uses, in that a restaurant has been operated in the structure for 8 years. Page 6 98-18 SUHRepon-Benusnys, 143 Main Street C CUP AS-18,Planning Caw4sto,Sniff Report 143 Main Sort—Hann ,i Tavern Geaanber r, 11,9e o The building and property at 143 Main Street are adequate in size, shape, topography and location to meet the needs of the proposed use of the property and the proposed outdoor dining area,in that a restaurant has been operated in the structure for 8 years. o Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. Approval of Conditional Use Pennit 98-18 should be through the adoption of Resolution No. 98-_ with the following conditions in place: 1. CUP if 98-18 is approved for the interior remodeling of an existing restaurant and to permit a partially enclosed and covered outdoor dining area within the front 12 feet of the existing restaurant structure located at 143 Main Street, Seal Beach. 2. The applicant remains bound by all conditions of CUP No.2-89 and Variance No. 2-89. 3. The Applicant remains bound by the conditions of CUP 92-13, regarding live entertainment on the%object premises. 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). This shall be done as soon as the license is received by the applicant from ABC. 5. All alcoholic beverages sold in conjunction with the on-premise-licensed establishment must be consumed entirely on the premises prior to dosing 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 indicating 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. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include,but not be limited to the following topics and skills development: o State law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation and penalties for violation of these laws. o The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. o Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. Page 7 98-18 Staff Ripon-Hennesaeyq 143 Main Street Cr` CUP 98.18,P/ming Caw,uuia,Staff Repose 11!Mon Sorin-Eawnasys Tavern December 9, 1998 a Methods of dealing with intoxicated customers and recognizing under age customers. 8. The following organiaations provide training programs, which comply with the above criteria: o Provider. Devamnent of Alcoholic Beverage Control Program: Licensee Education on Alcohol&Drugs(LEAD) Telephone: (714)558-4101 • Date: 1st'Monday of each month Time: 10:00 a.m.to 1:30 p.m. Cost: Free Place: ABC,28 Civic Center Plaza, Santa Ana o Provider: Orange County Health Care Agency Alcohol&Drug Education Prevention Team(ADEPT) Program: Serving Alcohol Responsibly(BARCODE) Telephone: (714) 834-2860 a Karen Keay Date: They will schedule appointments Cost: $12.95 per person 9. The hours of operation shall be as established by CUP No. 2-89: 11:00 A.M.to 1:00 A.M.,Monday through Saturday 9:00 AM. to 11:00 P.M., Sunday 10.The hours of non-amplified entertainment shall be as established by CUP 92-13: 7:00 P.M.to 11:00 P.M.,daily. 11.No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 12.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. 13.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. 14.The establishment shall have a public telephone listing. 15.Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. Page 8 %- 18 Staff Report-Heimann 143 Main Street CCP 98.18,Manning rad.n's SkeRepoer 143 Mai"Sinter-Haasry's Tavern Dawson 9, 1098 16.In the event staff determines security problems exist on the site, the Conditions of this perm may be amended, under the procedures of The Code of the City of Seal Beach, to require the provisions of additional security measures. 17.CUP 898.18 shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place"as defined by the ABC. 18.The establishment must serve a complete menu of food until thirty (30) minutes prior to dosing time. 19.There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, except for the types of entertainment specifically authorized by Conditional Use Permit 92-13, issued by the City Council, and unless such uses are consistent with the license conditions imposed by ABC or a Special Activities permit is issued to the applicant by the City Manager of the City of Seal Beach. 20.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 1313. 21.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. 22.A modification of this CUP shall be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the establishment. 23.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. Page 9 9$-1t1 StaffRepo -Beoaesseys, 143 Main Suers n CUP 118-11t,limning Communion Seat Report 143 Main Sower—Hennessy's Tavern DaeanM D./998 24.Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance. He/she must maintain continuous supervision at a0 times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 25.All alcoholic beverages saved in the outdoor dining area must be served in glass containers,none may be served in bottles. 26.The outdoor dining area shall be completely surrounded by a minimum 36" high fens/enclosure. In addition, this area shall be capable of being completely enclosed by double-paned sliding glass doors, and said area shall be completely dosed in at 11:00 PM each night. No ingress/egress shall be permitted to/from the outdoor dining area, except through the interior of the restaurant and the permitted entrance from the parking lot area adjacent to Main Sweet. 27.The applicant shall continue to pay a parking impact mitigation fee in the amount of$100 per space per year for the eleven (11) deficient parking spaces, and building permits shall not be issued for the proposed construction approved by this Conditional Use Permit until all delinquent fees are paid in MI and no outstanding payments for this property exist. 28.Provide a minimum 3-foot wide landscaped planter area along Central Avenue, enclosed by a minimum 6" high concrete curb. Landscape plans to be reviewed and approved by the Street Tree Division of the Parks and Recreation Department. Automatic sprinkler system to be provided. 29. A grease trap to be provided for the restaurant in accordance with the standards of the Orange County Health Department. 30. Applicant and City to explore in good faith the feasibility of constructing a"corner bench, Newspaper racks,and trash receptacle" structure at the corner of Main Street and Central Avenue as set forth in the design concepts for the "Preliminary Streetscape Plan — Main Street Specific Plan"as prepared by RRM Design Group. City and applicant to share on a 50/50 cost ratio the preparation of preliminary design concept and final construction plans, if determined feasible. If construction is determined feasible, City and Applicant to share all construction costs on a 50/50 cost ratio. 31.Within 3 months of the final inspection for said remodeling activities, the Applicant shall complete the following public improvements along Main Street and Central Avenue: o Central Avenue - Remove and replace all sidewalk, curb and gutter, and replace in accordance with City standards(City to share costs on a 50/50 ratio). o Main Street — Remove and replace all stamped brick sidewalk/access ramp at the corner of Main Street and Central Avenue and replace in accordance with City standards; remove and replace curb, gutter and sidewalk along that portion of Main 96-Is SallPage 10 Itepon-Aeooeeula,113 Main Suit . I CUP 98-18,Planning CanwWinn StaffRepar 143 Alain Sinai—Hwrnerry,Tenant December 9,1998 Street adjacent to the front building overhang, back to the second score line, and replace in accordance with City standards(City to share costs on a 50/50 ratio). ci Health and viability of existing ficus trees along Central Avenue to be reviewed by the Street Tree Advisory Committee, and if determined to be appropriate to be replaced, City to share replacement cost on a 50/50 ratio. 32.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. 33.The term of this permit shall be six(6)months, beginning the first day of operation of the new restaurant. At the end of the initial term, the applicant may apply to the City for a twelve (12) month extension, and finally, an indefinite extension. The Planning Commission may grant an extension as discussed above, provided that all 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 submitted to the City prior to consideration of any extensions. / -%/ ate Z _ - Whittenb Director of Development Services Attachments(8): 1. Proposed Resolution 2. Code Sections 3. Application 4. Dinner Menus, etc. submitted by Applicant 5. Planning Commission Staff Report re: Consistency Determination, dated November 18, 1998 6. Planning Commission and City Council Staff Reports and Resolutions re;CUP 92-13 7. Proposed Interior Remodel Plan— 143 Main Street 8. Previously approved interior floor plan— 143 Main Street Page 11 98.18 Staff Report-Heaneaueys, 143 Maim Sued CUP N-18,Pining Cmrisnon StaffReport 113 Again Sant-Hennessy'a Tweet Denrnber9.1PPS ATTACHMENT 1 RESOLUTION NUMBER 98 • - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 98-18, ALLOWING A MODIFICATION TO THE CONDITIONS OF APPROVAL ON AN EXISTING LAND USE ENTITLEMENT TO ALLOW INTERIOR REMODELING AND AN OUTDOOR DINING AREA AT AN EXISTING RESTAURANT AT 143 MAIN STREET (HENNESSEY'S TAVERN) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: $ection 1. On November 5, 1998, Hennessey's Tavern Inc. (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 98- 18, for an interior remodeling of the existing restaurant, the creation of a semi-enclosed outdoor dining area, and the relocation of the front entry into the restaurant from the front of the restaurant to the northerly side of the restaurant, adjacent to Main Street. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and §LLB of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 98-18 for the proposed interior remodeling is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs. § 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), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope ora change in land use or density; and, the proposed outdoor dining area was considered as part of Negative Declaration 96-2, evaluating the environmental impacts of the Main Street Specific Plan. Section 3. A duly noticed public hearing was held before the Planning Commission on December 9, 1998, to consider the application for CUP 98-18. At the public hearing the applicant spoke in favor of the request,with persons appearing both in favor of and in opposition to the request. 96-1a Staff Page 12 Report•Etraoenryq US Mala Suit CI cup 98411,Plswg Caadanor S afRryor 143 Main Snret-Namara Towyn Demnber 9./998 Section 4. The record of the hearing of December 9, 1998 indicates the following: (a) On November 4, 1998, Hennessey's Tavern Inc., submitted an application for CUP 98-18 with the Department of Development Services. (b) Specifically, the applicant is proposing to remodel the interior of an edging restaurant and proposing to convert the front 12 feet of the existing restaurant to an outdoor dining area. (c) The subject property contains approximately 8,813 square feet and is located at the southwesterly corner of Main Street and Central Avenue. (d) The subject property is legally described as Orange County Assessor's parcel number 199-034-02. The adjoining parking lot, under a joint lease by the subject restaurant business and John's Food King, is legally described as Orange County Assessor's parcel number 199-034-01. (e) The subject property contains a restaurant which is proposed to be refurbished and remodeled. Previous to the present owners, Papillon Restaurant had operated on the site for over 8 years with no history of extraordinary demand for law enforcement services regarding the restaurant or sales of alcoholic beverages on the property. (f) The proposed restaurant is a full service restaurant, relocating from across Main Street at 140 Main Street. The restaurant will sell en assortment of non-alcoholic beverages as well as beer,wine and distilled spirits. (g) The City has granted the following approvals for the property: o Variance 15-84—parking variance for less than the required number of on- site parking spaces. • a CUP 1944 — permit on-sale beer and wine sales in conjunction with a delicatessen restaurant. o CUP 22-84 — permit the establishment of a take-out delicatessen restaurant. o Variance 249—parking variance for less than the required number of on- site parking spaces in conjunction with a new restaurant. o CUP 2-89—permit an on-sale general liquor license in conjunction with a new restaurant. Page 13 98-18 SUB Report-lleeneseys, 143 Mala Street C. CUP 98.18,Placing commission StaffReport 143 Mous Street—Hennessy i Tavern December St 1998 a CUP 92-13 — permit a single, unamplifed entertainer between 7:00 P.M. and 11:00 P.M.,daily. (h) The subject property is legally nonconforming due to inadequate parking. The property is eleven (11)spaces deficient and is required to participate in a pre-existing in-lieu Puking program. (1) The surrounding land uses and zoning are as follows: NORTH Existing restaurant in the Main Street Specific Plan Zone. SOUTH & Commercial retail businesses and restaurants in the Main Street EAST Specific Plan Zone. WEST Grace Brethren Church in the Residential High Density (RHD) Zone. G) Michael Sellers, Chief of Police, ahs reviewed the proposal and existing records, and has no reservation regarding the proposed remodeling, other than a concern regarding persons stepping outside the restaurant for smoking purposes, and the potential for related noise created by those persons. He also recommends the proposed semi-enclosed outdoor dining area be enclosed as recommended by Staff after 11:00 P.M. Section 5. Based upon the facts contained in the record, including those stated n§4 of this resolution and pursuant to §§ 28-1400, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 98-18 is consistent with the provisions of the Land Use Element of the City's General Plan and the Main Street Specific Plan, which provides a "Main Street Specific Plan" designation for the subject property and permits restaurants serving alcoholic beverages subject to the issuance of a conditional use permit and semi-enclosed restaurants. The use is also consistent with the remaining elements of the General Plan, as the policies of those elernenu are consistent with, and reflects in, the Land Use Element. Accordingly, the proposed use, as conditioned, is consistent with the General Plan and the Main Street Specific Plan. (b) The style, height and bulk of the remodeled existing structure are consistent with surrounding commercial and institutional uses, in that a restaurant has been operated in the structure for 8 years. (e) The building and property at 143 Main Street are adequate in size, shape, topography, and location to meet the needs of the proposed remodeled restaurant and the proposed outdoor dining area, as the existing building provides a buffer between the outdoor Page 14 9$-IS Staff Report-Heane says, 143 Main Street CUP DS.*Pathtg r .. ,SteReport 143 Main Street-Hwvary,Towns DKwbn D,I108 dining area and the adjacent commercial and institutional uses. The nearest residential property is approximately 130 feet to the southwest, south of Grace Brethren Church and 340 feet to the west,along Central Avenue at the corner of Central Avenue and Seventh Street. In addition, the proposed conditions of approval regarding the outdoor dining area are sufficient to protect the residential uses within the area from adverse noise impacts. • (d) Required adherence to applicable building and fire codes will ensure there wall be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 98-18,subject to the following conditions: 1. CUP k 98-18 is approved for the interior remodeling of an existing restaurant and to permit a partially enclosed and covered outdoor dining area within the front 12 feet of the existing restaurant structure located at 143 Main Street, Seal Beach. 2. The applicant remains bound by all conditions of CUP No. 2-89 and Variance No. 2- 89. 3. The Applicant remains bound by the conditions of CUP 92-13, regarding live entertainment on the subject premises. 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). This shall be done as soon as the license is received by the applicant from ABC. S. 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 indicating 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. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include,but not be limited to the following topics and skills development: o State law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, . hours of legal operation and penalties for violation of these laws. o The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, harm themselves $-t8 Sub Page 13 9 Report Main Sorsa k CUP 88.18.Planning Cmasior StaffReport 1413 Alain Street-Hennessy'i Tavern camber 9.1888 or innocent victims as a result of the excessive consumption of alcoholic beverages. o Alcohol as and its effects co the body and behavior, including the operation ofa Methods of dealing with intoxicated customers and recognizing under age customers. 8. The following organizations provide training programs, which comply with the above criteria: • o Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol&Drugs(LEAD) Telephone: (714) 558-4101 Date: 1st'Monday of each month Time: 10:00 a.m. to 1:30 p.m. Cost: Free Place: ABC,28 Civic Center Plaza, Santa Ma o Provider: Orange County Health Care Agency Alcohol&Drug Education Prevention Team(ADEPT) Program: Serving Alcohol Responsibly(BARCODE) Telephone: (714) 834-2860 a Karen Keay Date: They will schedule appointments Cost: 812.95 per person 9. The hours of operation shall be as established by CUP No. 2-89: 11:00 A.M. to 1:00 A.M.,Monday through Saturday 9:00 A.M. to 11:00 P.M., Sunday 10. The hours of non-amplified entertainment shall be as established by CUP 92-13: 7:00 P.M.to 11:00 P.M.,daily. 11. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 12. 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. 13. 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. 98.18 Staff Report 16 Rr'port•flrnoes+eyq 143 Main Sued L CUP 98.18,Planing Camatse'ae Staff Report 143 Main Seen-Hennessy's Tavern December 9.1098 14. The establishment shall have a public telephone listing. • 15. litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 16. 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 Bsach to require the provisions of additional security measures. 17. CUP#98-18 shall be automatically terminated if the operation is no longer maintained as a"bona fide public eating place"as defined by the ABC. 18. The establishment must serve a complete menu of food until thirty(30) minutes prior to dosing time. 19. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, except for the types of entertainment specifically authorized by Conditional Use Permit 92-13, issued by the City Council, and unless such uses are consistent with the license conditions imposed by ABC ora Special Activities permit is issued to the applicant by the City Manager of the City of Seal Beach. 20. • 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. 21. 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. ' 22. A modification of this CUP shall be applied for when: a The establishment proposes to change its type of liquor license. o The establishment proposes to modify any of its current Conditions of Approval. o There is a substantial change in the mode or character of operations of the establishment. Page 17 98-10 SafReport•Henneesegs,143 Main Street �) ) CUP 98.18.Plating Cas.—StaBRepnrt 143 Main Semi-Herwry i Town Dumber ft 1908 23. 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. • 24. Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance. He/she must maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 25. M alcoholic beverages served in the outdoor dining area must be served in glass containers;none may be served in bottles. • 26. The outdoor dining area shall be completely surrounded by a minimum 36" high fence/enclosure. In addition, this area shall be capable of being completely enclosed by double-paned sliding glass doors, and said area shall be completely dosed in at 11:00 PM each night. No ingress/egress shall be permitted to/from the outdoor dining area, except through the interior of the restaurant and the permitted entrance from the parking lot area adjacent to Main Street. 27. The applicant shall continue to pay a parking impact mitigation fee in the amount of 3100 per space per year for the eleven (1I) deficient parking spaces, and building permits shall not be issued for the proposed construction approved by this Conditional Use Permit until all delinquent fees are paid in MI and no outstanding payments for this property exist. 28. Provide a minimum 3-foot wide landscaped planter area along Central Avenue, enclosed by a minimum 6" high concrete curb. Landscape plans to be reviewed and approved by the Street Tree Division of the Parks and Recreation Department. Automatic sprinkler system to be provided. 29. A grease trap to be provided for the restaurant in accordance with the standards of the Orange County Health Department. 30. Applicant and City to explore in good faith the feasibility of constructing a "corner bench,Newspaper racks, and trash receptacle" structure at the coiner of Main Street and Central Avenue as set forth in the design concepts for the"Preliminary Streetscape Plan — Main Street Specific Plan" as prepared by RRM Design Group. City and applicant to share on a 50/50 cost ratio the preparation of preliminary design concept and final construction plans, if determined feasible. If construction is determined feasible, City and Applicant to share all construction costs on a 50/50 cost ratio. Page IS 911-18 Sit Report-Heanesseys, 143 Main Street v CUP 98.18,Plating Commission Suelepon //3Male Sart—Hwnevy''s Tarn, .ber 9,1998 31. Within 3 months of the final inspection for said remodeling activities, the Applicant shall complete the following public improvements along Main Street and Central Avenue: o Central Avenue-Remove and replace all sidewalk,curb and gutter, and replace in accordance with City standards(City to share costs on a 50/50 ratio). o Main Street—Remove and replace all stamped brick sidewalk/access ramp at the corner of Main Street and Central Avenue and replace in accordance with City standards; remove and replace sub, gutter and sidewalk along that portion of Main Street adjacent to the front building overhang, back to the second score line, and replace in accordance with City standards (City to share costs on a 50/50 ratio). o Health and viability of existing ficus trees along Central Avenue to be reviewed by the Street Tree Advisory Committee, and if determined to be appropriate to be replaced, City to share replacement cost on a 50/50 ratio. 32. This CUP shall become null and void unless exercised within one (I)year of the date of final approval, or such extension of time as may be panted 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. 33. The term of this pemit shall be six(6)months, beginning the first day of operation of the new restaurant. At the end of the initial term, the applicant may apply to the City for a twelve (12) month extension, and finally, an indefinite extension. The Planning Commission may grant an extension as discussed above, provided that all 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 submitted to the City prior to consideration of any extensions. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of 1998, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners Page 19 98-111 Staff Report-Hennessey',143 Main Street CUP 98-18,Planning Caynissim SieReyon 143 Main Shift-Hennessy''Tann December 9,1998 Brian M. Brown, MD Chairman of the Planning Commission Lee Whittenberg Secretary of the Planning Commission Page 20 91-11 Staff Repast•Bennesseys, 143 Main Stied ' 2 1 CUP 08-18,Planting Gnaission Staff Report 143 Main Street—Hennessya Tavern December 9 1998 ATTACHMENT 2 CODE SECTIONS "Section 28-1250.B Uses Subject to Issuance of a Conditional Use Permit. 16) Restaurant, with or without alcohol sales (not including drive-in restaurants). Permitted operating hours of restaurants shall be 7:00a.m. to 10:00p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 a.m., Friday, Saturday, and holidays." (Ord. No. 1406) "Section 28-1251. Limitations on Permitted Uses. Every use permitted shall be subject to the following conditions and limitations: I) All uses shall be conducted wholly within an enclosed building except such uses as: a) Growing stock, only when in connection in with horticultural nurseries; b) Parking lots; c) Restaurant, semi-enclosed." "Section 28-2503. Conditional Use Permits May Be Granted. The Planning Commission may grant a conditional use permit in the case of an application for a use which is required to be reviewed and conditioned prior to approval so as to insure compatibility with surrounding uses and the community in general and the General Plan. (Ord.No. 948)" "Section 28-2504. Pumose of Conditional Use Permit. The purpose of a conditional use permit shall be to insure proposed uses are compatible with surrounding uses and not detrimental to the neighborhood. (Ord. No. 948)" Page 21 98-18 Staff Report-Heanessays, 143 Main Street _) CUP 98-18,Maiming Cano ns:ion StafReport 141 Alain Street-Hanes*''a Tavern Deemer.9,1098 ATTACHMENT 3 Application • Page 22 98-1t Staff Ream(.Hennesseve tll Mein Street , v waI osa,.n -` Public Nearing Application Packet . C ' ENVIRONMENTAL INFORMATION AND CHECKLIST FORM FOR OFFICE USE ONLY Application No.: Date Filed: GENERAL INFORMATION 1 Name and address of eveloper or project sponsor. Name: feta/ n nt sc...ey Street: /85's S . E/en4 4'c, code- 3e. City: i-cdcn.s c mac, , c4- ZIP: 70299 Telephone Number. "no - S4'o - 227 2 Address of Project: /43 mato, cal. Assessor's Parcel Number. l 9 9- Cr; 4 - nes . 3 Name, address, and telephone number of person to be contacted concerning this project: Name: ray/ Allone-ss.aei Street: he 94- s . E/enn 14-vc. / sonic 300 City: /zeacrndo .B'-'A , G4 ZIP: 70277 Telephone Number. fto 5449 - y27y 4 List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: .1M<dre/ lac. 5 Existing zoning district: /warn t*ee/ "lle rI4C C/ak, 6 Proposed use of she (Project for which this form Is filed): fie'sy4euras-4 Page 11 cir epocpori (Revised 10/95) ENVIRONMENTAL INFORMATION FOAM • City of Seal Beach • " Piimilkanng Application Packet - v J PROJECT DESCRIPTION • 7 Site size: Zfl37 . 5 'S r 8 Square footage: gralOPPREt 3 W 9 Number of floors of construction: -Iwo 10 Amount of off-street parking provided: /7 5rtoc5 11 (Attach plans) 12 Proposed scheduling: eanimfde: ans&i- 4 /7e 4✓,lzas.ras F . /fl? 13 Associated projects: X4 14 Anticipated incremental development: .4', 15 If this Is a residential project, indicate the: A. Number of units: h'/,4 B. Unit sizes: C. Range of sale prices or rents: D. Household size(s) expected: 16 If this Is a commercial project, Indicate: A. Type of project: P-e-51-a✓ranf rtnw4e f B. Whether neighborhood, city or regionally oriented: G C: Square footage of sales area: /784- D: Size of loading facilities: A'/47 17 If this is an industrial project, indicate: Page 12 L, Ye5C1AZzORn (Revised 10/05) ENVIRONMENTAL INFORMATION FORM Lay o/Seal Beach Publr Hearing Application Packet r yy • �t J 17 tf this Is an Industrial project, Indicate: A. Type of project: /✓/€1- B: Estimated employment per shift: C: Size of loading facilities: 18 If this is an institutional project, Indicate: A. Major function: k/•4 B. Estimated employment per shift: C. Estimated occupancy: D. Size of loading facilities: E. Community benefits to be derived from the project: 19 H the project involves a variance, conditionaVunconditional use permit, height variation or rezoning application, state this and indicate clearly why the application is required: . Are the following items applicable to the project or Its effects? Discuss below all Items checked yes (attach additional sheets as necessary). YES NO V-20. Change in existing features of any bays,tidelands, beaches, lakes or hills,or substantial alteration of ground contours. 1,21. Change In scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. Page 13 L� twaaccan (Revue INa5) ENVIRONMENTAL INFORMAflop FORM • ,r-, City of Seal Beach �,•,: Pi ;Mewing Application Packet • • ✓23. Significant amounts of solid waste or litter. • 24. Change In dust, ash, smoke,fumes or odors in vicinity. M. Change In ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels In the vicinity. 27. Site on filled land or on slope of 10 percent or more. c•- --2/3. Use or disposal of potentially hazardous materials, such as toxic substances,flammables or explosives. Substantial change In demand for municipal service (police,fire, water, sewage, etc.). 20: Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. ENVIRONMENTAL SETTING 32. On a separate page, describe the project site as ft exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site, and the use of the structures.Attach photographs of the site. 33. On a separate page, describe the surrounding properties, Including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one•family, apartment homes, shops, department stores, etc.), and scale of development (height,frontage, setback, rear yard, etc.).Attach photographs of the vicinity. Page 14 L`v1scaPpsccei (Revised tats) ENVIRONMENTAL INFORMATION FORM City of Seal Beach i Pat,' Tapering Application Packet • ENVIRONMENTAL IMPACTS •. (Please explain all 'yes"and "maybe"answers on separate sheets.) ILD 34. E . Will the proposal result in: YE& MAYBE Earth. a. Unstable earth conditions or in changes In geologic substructures? b. Disruptions, displacements, com- paction or overcovering of the soil? _ _ ✓ c. Change in topography or ground surface relief features? _ d. The destruction, covering or modification of any unique geologic or physical features? e. Any Increase in wind or water erosion of soils, either on or off the site? 1. Changes In deposition or erosion of beach sands, or changes In siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, Inlet or lake? g. Exposure of people or property to geologic hazards such as earth- quakes, landslides, mudslides, ground failure, or similar hazards? 95. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ __ _✓ b. The creation of objectionable odors? Page 15 c% vi&nOran (Revised l095) ENVIRONMENTAL INFORMATION FORM City of Beal Beach Al y.annp Application Packet ZEE NAYBF t(Q . c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? _✓ 36. Water.Will the proposal result In: a. Changes In currents, or the course or direction of water move- ments, In either marine or fresh ✓ waters? b. Changes In absorption rates, drainage patterns, or the rate and amount of surface water runoff? e. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? _ _ ✓ e. Discharge Into surface waters, or In any alteration of surface water quality, Including but not limited to temperature, dissolved oxygen or turbidity? 1./ f. Alteration of the direction or rate of flow of ground waters? ✓ g. Change In the quantity of ground waters, either through direct additions or withdrawals, or through interception / of an aquifer by cuts or excavations? h. Substantial reduction In the amount of water otherwise available for public water supplies? L Exposure of people or property to water-related hazards such as flooding or tidal waves? _ • YEE MAYBE 1E2 Page 16 n tis atoca j (Reviled 1N➢S) ENVIRONMENTAL INFORMATION FORM City of Seal Beach PubtM Hearing Application Packet YES MAYBE /IQ j. Significant changes In the temperature, flow, or chemical content of surface thermal springs? _ _ _✓ 37. Plant Life. Will the proposal result in: a. Change In the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ d. Reduction in acreage of any agricultural crop? _ 38. Animal Life. Will the proposal result In: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, Insects or microfauna)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result In a barrier to the migration or move- merit of animals? t/ d. Deterioration to existing fish or wildlife habitat? ✓ Page 17 viscwaran s� (RsvS d 10/115) ENVIRONMENTAL INFORMATION FORM 4 • City o/Seal Beach ., j Pu' 'Tearing Application Packet YES MAYRF r�1Q 39. Noise. Will the proposal result in: a. Increases in existing noise ✓ levels? b. Exposure of people to severe / noise levels? L7 40. Light and Glare. Will the proposal produce new light or glare? 41. lend Use. Will the proposal result In a substantial alteration of the present or planned land use of an area? t/ 42. Natural Resources. Will the proposal result in: a. Increase the rate of use of / any natural alresources7 b. Substantial depletion of any nonrenewable natural resource? ✓ 43. pisk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (Including, but not limited to,oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible Interference with an emergency response plan or an emergency evacuation plan? YES MAYBE MQ Page 18 r'•tis=a[prrt (Revised 1041S) ENVIRONMENTAL INFORMATION FORM Y City of Beal Beach Pu' Saving Application Packet YES MAYBE l(Q • 44. population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 45. }lousing. Will the proposal affect existing housing, or create a demand for additional housing? ✓ 46. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? ✓ b. Effects on existing parking facilities, or demand for new panutg? c. Substantial Impact upon existing transportation systems? ✓ d. Alterations to present patterns of okeulation or movement of people and/or goods? e. Affixations to waterborne, rail or afr traffic? f. blame in traffic hazards to rnotorvehicles, bicyclists or pedestrians? ✓ 47. Public Serines. Will the proposal have an effect upon, or result in a need for new walleyed governmental services In any of the fallowing areas: a. Fire protection? b. Polka protection? e. Scfaols? ✓ YES MAYBE t!Q Page 19 :'s:J.m:ar-, (Rerle10/95) • ENVIRONMENTAL INFORMATION FORM • � ) City o!Seal i3sach '1.: Pu -)tearing . anngApplication Packet YES MAYBE MQ d. Parks or other recreational facilities? e. Maintenance of public facilities, Including roads? f. Other governmental services? 48. Inertly. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase In demand upon existing sources of energy, or require the development of new sources of energy? — _- 49. 1 i . Will the proposal result in a 1/ need for new systems, or substantial altera- tions to the following utilities: a. Power or natural gas? b. Communications systems? c. water? d. Sewer or septic tanks? e. Sttan water drainage? f. Sold waste and disposal? 50. in: elth,Will the proposal result a. L4aation of any health hazard or pokl health)?hazard(excluding me msdaihealth)? —✓ Page 20 r us :.moccme (rAAam ism/ ENVIRONMENTAL INFORMATION FORM City of Seal Beach • Put flawing Application Packet Li ) t YES MAYBE lYQ b. Exposure of people to potential health hazards? 51. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 52. Recreation. Will the proposal result in an impact upon the quality or quantity of existing reaeational opportunities? 53. Cultural Resources a. Will the proposal result hi the alteration of or the destruction of a prehistoric or historic archeological .12 b• Wiithe proposal result in Chaise physical or aesthetic effects to a pehistoric or historic buildhg, structure, or object? c. Doesthe proposal have the poten- Iialtcause a physical change which Mmuidaffect unique ethnic cultural values? f/ d. Wiildie proposal restrict *Kiang religious or sacred uses evitha the potential impact area? Page 21 ENVIRONMENTAL INFORMATION FORM • f Se Ps CRyoation acket kering Appligfion Poeket • YES MAYBE MQ $4. jylandetorvFindinos otSignificance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below sett- sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Important examples of the major periods of California history or prehistory? _ b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short term impact on the e nvironment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but . arnulatively considerable? (A project may affect two or more separate resources where the Impact on each resource is relatively small,but where the effect of the total of those tnpacts on the environment is significant.) d. Does the project have environmental elects which will cause substantial adverse effect on human beings,either ✓/ erectly or indirectly? Page 22 s% VISOAPPspfi Mid IMS) ENVIRONMENTAL INFORMATION FORM l CUP 98-18,Planning Cawninian Staff Report 143 Main Street—1lemnry'e Tavern December 9, 1998 ATTACHMENT 4 Dinner Menus, etc. submitted by Applicant Page 23 98-1s Staff Report-Heonesaeys, 143 Main Sued t ) Appetizers Chicken Tomato Cilantro Soup or Soup of the Day Cup $2.25 (Please check with your server) Bowl $350 Bruschetta - Grilled Croutons topped with Fresh Tomato, Basil & flimflam .525 Proscultto served over Freest] Seasonal Melon $6.95 Marinated Beef Satay with Thal Peanut Dipping Sauce $6.50 New Zealand Mussels Steamed In Beer with Aromatic Herbs .7.95 Maryland Style Craboakee with Terragon-Caper Mayonnaise $7.95 fresh Vegetable Plate with Two Dipping Sauces &Marinated Onion $6.95 Caprese Salad- Marinated Tomato &Fresh Mozzarella served over Butter Lettuce with Light Red Wine Vinaigrette $6.75 Salads Caesar Salad- Our Version of this Classic Robust Salad $7.25 Individual Appetizer Salad $3.95 With Grilled Chicken, Blackened Ail Tuna (Pan Seared Rare) or Marinated Steak $5.95 House Salad of Mixed Baby Greens with Tomato, Shredded Carrots, Feta Cheese&Sundried Tomato Vinaigrette $6.95 Individual Appetizer Salad $3.95 Southwest Fried Chicken Salad with Roasted Corn Tortilla Strips& Achiote Ranch Dressing $950 Beef Salad-Mixed Baby Greens with Mushrooms.Walnuts, Balsamic Vinaigrette &Grilled Steak $9.50 Pizzas & Sandwiches All Sandwiches Served With Shoestring Fries or Fresh Hreta Salad Smoked Chicken Pizza with Red Onion,Artichoke Hearts &Parmesan Cheese $825 Throe Cheese & Mushroom Pizza with Mozzarella,Parmesan &Gorgonzola $7.25 Vegetarian Pizza with Tomato, Basil, Eggplant, Sundried Tomato, Olives& Feta Cheese $825 Rockefeller Pizza -White Sauce with Spinach, Parmesan,Oysters& Bacon $8.50 B.Lt Pizza-White Sauced Pizza baked with Fresh Tomato &Bacon then topped with Crisp Shredded Lettuce $7.50 Grilled Steak Sandwich on Parmesan Herb Bread with Roasted Garlic Ala $850 Blackened Chicken Sandwich with Cheddar Cheese,Chipotle B.B.Q Mayonnaise on a Homemade Jaiapeno Cheese Roll $850 Grilled Fbrtabella Mushroom Sandwich with Fresh Mozzarella, Oundried Tomato &Sprouts $725 J baJa Chicken Wrap-Smoked Chicken with Sprouts&Avocado wrapped In a Tortilla with Achlote Spread $7.95 The Grill Burger with Our Own Sauce,Bacon, Mushrooms&Cheddar Cheese served with Steak Fries $7,95 Pastas Fettuccine with Smoked Chicken&Artichoke Hearts In a Sherry Cream Sauce with Parmesan Cheese $8.75 Linguini with Basil,Garlic,Sundried Tomato,Feta Cheese 8 Eggplant $7.95 Rune with Andouille Sausage,Peppers,Onions,Tomato&Fresh Oregano $8.75 Cheese Stuffed Tortellini with Merguez Sausage,Green Onions& Gorgonzola Cream Sauce $8.75 Linguini'Mexicana"-Grilled Tequila Marinated Chicken,Tomato.Changs &Clueso Anglo $8.75 Fortelle with Spinach, Mushroom&Leeks In a Me Cream Sauce $7.95 Entrees Sauteed Halibut on a Bed of Spinach& Mushrooms with Lemon Butter Sauce $950 Grilled Mediterranean Pork Chop with Tomato,Onion.Capers&Olives served with Garlic Mashed Potatoes $9.50 Sauteed Trout with Almonds&Capers served with Sauteed Vegetables 8 Pointe $850 Grilled Marinated Flank Steak with Carmailzed Onion 8 Gorgonzola Mashed Potatoes $8.50 Grilled Salmon with Lemon Caper Sauce&Confetti Cous-Cous $10.75 Spa Cuisine Fresh Fruit Plate-Seasonal Fruit with Cottage Cheese and Balsamic Vinegar $7.75 Angel Hair Ma Cana with Tomato,Basil,Garlic&Olive 011 $7.25 With Grilled Chicken / $9.25 Grilled Chicken Marinated in Lemon&Rosemary served on a Bed of Angel Hair $8.75 Grilled Eggplant with Tomato, Basil&Garlic served with Pasta or Cottage Cheese $850 Side Orders Bermes Frites or Steak Fries $2.75 Garlic or Gorgonzola Mashed Potatoes$2.75 Mushroom or Saffron Risotto $2.75 Fresh Seasonal Fruit $2.75 Rita,Cous Cous or Slack Deans$2.25 Salsa or Dipping Sauce for Dread $125 WE ORM TO SERVE YOU WE FRECHELT,BEST QUALM'PRODUCTS AVAILABLE. BENNESSEY'C USES ONLY FRESH MEATS&POULTRY,NEVER FROZEN. I Js IN OUR COUPS ARE MADE FRESH DAILY. saves Tera WE MAKS DRINKS E OLD FASHIONED WAY WITH --�� HAND SQUEEZED JUICES AND �r ?�r THFRESH&ROUND COFFEE ¶ 111J 'i 'May The Luck 0' The Irish Sg With You' '.' l Breakfast AD EggDiahes Include 2Sggs Cooked To Order,Potatoes or Rice&Toast Corned Beef Hash and Eggs Served with Two Eggs Cooked to Order and Choice of Toast $625 Hennessey's Benedict-Corned Beef and Poached Eggs on an English Muffin Smothered in Hollandaise Sauce $6.95 Eggs Benedict-Tavern Ham and Poached Eggs Smothered in Hollandaise Sauce on an English Muffin $6.95 Huevos Rancheros with Two Eggs Served over Refried Beans on a Corn Tortilla with Salsa, Guacamole,Sour Cream and Your Choice of Toast or Tortillas $595 Spinach Scramble - Three egg Scramble with Fresh Spinach Onions Tomatoes,Cream Cheese,and Choice of Toast $525 Breakfast Bagel with Ham Egg and Cheese. $5.50 Steak and Eggs-A Juicy, Generous Filet Cooked to Your Liking $7.95 Two Eggs With Your Choice Of. Smoked Sausage,Corned Beet Tavern HamBacon Or Hamburger Patty,with Your Choice Of Toast $595 Oatmeal-Served with Seasonal Fruits $395 Cheese Omelette -A Fluffy Three Egg Omelette Made with Swiss,Jack or Cheddar Cheese. $425 Tavern Omelette - Check Today's Special. Priced Daily Pancakes-Stack Of Three $3.75 French Toast-Made with Fresh Egg Bread $325 Sides Egg $.75 Potatoes $195 Rice $195 Fruit $2.00 Toast $.75 Pancakes(2) $250 Smoked Sausage $225 Hamburger Patty $295 Ham $295 Bacon $2.00 TOP YOUR PANCAKES OR FRENCH TOAST WITH FROST AND ALMONDS FOR$ISO CEIBA. fleonNty's Tnpt EGG BEATERS MAY BE SUBSTITUTED IN AAIL EGG DISHES TIYei AT NO ADDITIONAL CHARGE '1`' 'May You Be In Heaven A Half Hour Before 'V The Devil Knows Tour Dead' 1 : ) mmk you for helping us h Parties of 2 „1e Mining atenew staff. ilea* Ti— Please These noes. We appreclale my cam meals a suggesmors you N< < may have. Appetizer Calamarl- Fried Calomarl served with Roast Garlic/doll Dipping Sauce Salad Black Bean Soup- with Smoked Chicken Entree Cloodno Sausalito-A Hearty Bay Area Seafood Stew with Mussels, Crab, Shrimp. Tomato & Fresh Oregano. Penne Pasta-With Chicken, Sauteed Mushrooms and Parmesan Cheese In a Chardonnay Cream Sauce fide Dish- Sauteed Spinach Dessert Three Berw Crumble- Warm Fruit and Granola Cobbler with Apple and Assorted Berries. Served with Rich Vanilla Bean Ice Cream and Raspberry Puree. • flaw you la helping us In ''� Parties of 3 dOt.rewOct Please enjoy time artless. *MO iamb We appreciate ay corn- * NI rrents a strpgestk ru you moy have. Appetizer CciamaQ- Fried Calamari served with Roost Garlic Aida Dipping Sauce Entree Sauteed Halibut- Prepared on a Bed of Spinach 7 Mushrooms with Lemon Butter Sauce Chicken Sandwich-Wood Grilled Chicken Breast on a Homemade Roll with Lemon Pepper Mayo served with Curly Fries Rib Eve Steak-A Tender, Juicy Steak Cut From The Prime Rib Side Dish- Sauteed Mushrooms Dessert Three Berry Crumble-Warm Fruit and Granola Cobbler with Apple and Assorted Berries. Served with Rich Vanilla Bean Ice Cream and Raspberry Puree. thatyou tohepnp us Parties of 4 the kiln;of our new staff. glaeeTc7'iTneiPleasenjoy these entrees. appreciate arty cam- . «TM._MI mens a agpesrions You fir, mayrwve. Appetizer Crab Cokes- 3 Maryland Style Cakes with a Tarragon Caper Alall Fntree Peooer Chicken-A Fresh Breast of Chicken Sauteed in a Brandy Cream and Peppercorn Sauce. Served with Garlic Mashed Potatoes Old World Tomato Salad-Wedges of Roma Tomato and Thin Sliced Red Onion With Red Wine Vinegar and Fresh Cracked Black Pepper Dublin Salmon- Fresh Filet of Potato Crusted Salmon Oven-Baked Sloe Dish-Sauteed Mushrooms Dessert Chocolate Mousse- Made Fresh with Raspberry Sauce and Chocolate Chips J h � 8 at Q Ca) N u, al vi U � a CO 2 bo , pp , ars „ v First Class Presorted US.Postage Paid Redondo Beach CA 90277 Permit No.288 1845 S. Elena Ave #300 Redondo Beach, CA 90277 y y o 4 ci as g alig v “ Ibob ob gJoit ] polit i 1 11 0410JAIII " 1 0 1 ] .o & 1 Alli & b 1 f o o i 1 H 0 woo .g , . scallinitaVIAjliel Hinj / 4 “ iiliAl .tg ng A caMS Si 3 Ai � 2 ggt -� ilAttli � -1 All nE qffi diVIT 'rse, 12 imihnitid rcepe hishillObo ---jeel 1 ) W0 11 hs z 4.1 z 1 ] Lg 3 ) � ? a Q ; tab V ) obci a gl 11 Dig q si IA 11 4 *al licitizA " ' 1141 I ' ll ii d ip It h } . p � � � 1 a rini, °° r a , . , 15Mid ! fi I Ilifil ' gi o it ^` OtS c H hail .� LgLi hI C � ca31 �a y 1 (Li 14m 14 I cb 11 on 1 a vIlnic y > � a i1 °1 11 I ab 4 tIla 1 IA 0 � ufl ' fl1I pp a \ loin ee%-• w V' . y, fail Ciar Dinner Tl/Nrsba%i September 2441, 199$ 1st Cigar £r Cocktails at 6:30pm Enjoy A 4 Course Meal Deliciously Prepared By Executive Chef Steven Matthews. Sample Gentlemen Jack & The New Single Barrel Whiskey From Jack Daniels. Snaoliv Premium Hand-Rolled Cigars From The Indian,,TaLLbac Cigar`Company./ MENU Hennessey Shrimp Cocktail - Combination of Florida Rock & Black Tiger Shrimp. Served With A Jalapeno Horseradish Spiced Cocktail Sauce. Mired Baby Grans- With Balsamic Vinagrette, Sun-Dried Tomato, Feta Cheese & Tobacco Onions. Slow Roasted Prime-Rfl,- With Garlic Au Jus & Gorgonzola Mashed Potatoes. 7-free Bary Crumble- Granola Topping With Raspberry Sauce & Vanilla Bean Ice-Cream. ONLY $35.00 Per Person Make Reservations Now, Seating is Liniiteb! negreey's Tyra VATILvito50 V i 2777 Roosevelt St. Carlsbad, CA 92008 Phone (760) 729-6951 THE EVENT OF THE SEASON! ‘%,'S) Gat 1lennes ey s Tavern airt tan CIGAR DINNER WEDNESDAY OCTOBER 28TH. COCKTAILS AT 6:10PM " 3 PREMIUM CIGARS • 4 COURSE GOURMET MEAL ` " COURVOISI£R TASTING • SOUVENIR BRANDY SNIFTER \ �— The Menu Duck Ravioli With Wilt' Mushrooms Ant' Roastet' Tomato Sauce Babes Arusula Salat' With Cail Mixet' Grill Of Buffalo, Wilt' Boar Bratwurst Ant' Pheasant RoabKill Chocolate Mousse In A DearClaw Cup With Raspberrm Sauce Ant' Chocolate Chips �--� The Cigars LA AURORA - DOMINICAN MACANUDO HYDE PARK - JAMAICAN HOYO DE MONTERREY SULTANS - HONDURAN HENNESSEYS TAVERN 2777 ROOSEVELT ST CARLSBAD (760) 729-6951 •t �- I I ennessey s Toyer Presents a 1 Christmas Goose Prix-Fixe Holiday Dinner Served Nightly From SPM Through Dec. 30 Mixed Baby Greens with Pinenuts & Roasted Chevre Cheese in a Pecan Vinaigrette Roast Goose with Chestnuts & Wild Rice, Stuffing, Green Beans & Sweet Potatoes Wild Berry Crumble with French Vanilla Bean Ice Cream lam;, $21 .95 213 Ocean Ave. not includingLaguna Beach tax& gratuity (949) 494-2743 i N 8ennessey's liven , t�- Hennessey s 4 MI *ti 1 Ntt lets % � The Kendall Jackson e, l Family Of Wines ,_ :sir: • Are Proud To Present: The Kendall Jackson Wine Dinner iKendall JacksoiiEiesling 49,95: Summer Greens Salad with Stonefruit and Curried Shrimp r-a *Kendall Jackson CamelotChardonnay ti, Salmon & Seabass Weave u withTahitian Vanilla Bean 74- ; Kendall Jackson .Grand Reserve 4.' - :: iY ' .CabernetSauvignon el A4 Filet Mignon Medallions with Dried le sf Cherry Demi Glace & Tobacco Onion ;Kendall Jackson Durrel Syrah 3 Three Berry Crumble with Granola Topping r 4(cwwoob- Vjg Dinner ThunbaM sept :4th Join Vs for An Evening Of Excellence When Chef Steve Matthews Anb Kenwoob Vinetlart's Cone Together To tiring You Thier finest Tastes. Featuring: Kenwood Saavignon Blanc Greens Mixed With Papatia d Crab Meat 6tKenwood Chardonna>a Staffed Portobello With Roasted tomato Salsa d Sun-Dried tomato Cheore it l(eniwood Jack London Cabernet 141 BoneIn New York Steak With tri-Colored Peppercorn Demi-Glaze a 1(enreood Zinfandel Chocolate Decadence With Creme )Snglaise Neam1y'shi We ta 34111 La Plaza Dana Point (949) 488-0121 V V Valentine's Pay Brunch , Omelette with Asparagus, Salmon & Brie $6.50 Frittata di Amore "Love Fritatta" V Layered Omelettes with Mushrooms, Peppers, Tomato & Fresh Oregano topped with Parmesan (recommended for two) $850 Curry Spiced Grilled Chicken servedV with Basmati Rice $8.95 Broiled Salmon with Sun Dried Tomato Pesto & Cous Cous $1050 S . O :TT Ill BAY Linin .. • , 4 ..... ., , . .. ..... ), ,..t . . _.. . . __ tCFt4 ifli `tom iYS. c �1rxn f+r t` I ...,-1 -. 3: . x xv^+ a+.p -> .4t .a t j=-i .. x' 7�s'+"a.bYZ; 4442...r.:!•.. "'ssk ">tam t �s i.. far "ahei x r. . �� ' . S1.... y1. ¢r'.ae'z::a'3.3�'x'xT P..S i""'iM `+� �, °.t. ...r,'" .2 3^ N,fm�.,A �''.• j a. -�v s......-„--2.1'f--. . g ., pis. • € Ad*-44t1"-".”'"'�'✓3 �:.}%'`"` r .. �kei.. 'ice, �- Si b... ' a 1 ti r; t [ r 1 • . Y .. " rev t'`�� it cry" .-1 "�5 tek :—. takti }y y '�`66�- 4 ` .t-•' d ���yt '! L t ate, -4-.. t_"'"----. ,,t '... a.n^ i ,yg t tigitAkrN . ilg. J - w t1. d t d x.+1�ei _ X14 �• A" '6. ^� a py" a n lb/ � r � fi s t : / r K31 4 r1 Til `` ` ✓- l! Pr ^.r m r iH^ yiis 4. - - e � v i :, ,.j N F -4• •-. ra 1r 1 I � .'� /, ' E, i dRf z 7 1� r�� ;rte. i4 . , ' r"� �.vr , - >-f;i- _r S 1 9 !t ,.."&.„,' ,1y'a r dr"-psf-mr•, ,..�_ " 1.weisessiev1/4414-1, ii. • t --•-•- ,...,x,... t :{` �at-4 A yni -•�iF e. Y jfD 1 i {W Y " �cr s . k 1 1 I' S t } c r_r• } 1 k. t ' 7uf_+�v*Arr.. ,t•' £mt. a tea }4 � , , .� em � �,.s � t A � • ire 1 r• t7h a--AI . r. `•-"`e-sem.;.x .n 3 ': 1 5i:ry 1 -s' F.• a1 r� r • i v1 i', ..,ii .x t ;, t ., ; [ ,. r „ • siva 1 � ' s. } �,�3� _ Fr c, / j• - �• - J1�� ..s' yt ' k -milli i • 441.11111111 i • _ - ti: _ \l. 't '.y r \t\l tl�dr. _ 2 ` J `T ..J�j{ 1 t Y < It) L aPl• im1-- • t' _ ac((1 -3. ♦ } •A 4 ;- 4 •ti• 17P - T ., Tre 4.^ 1 0 -- tt` . • a ...t f 1 _ t1 ) Y t ) � �� ? - jt�vw _ ,..�.�� >` _ -- rx''46'''•$ "'c 1 .1. . , - 1 • . . - . .... . I- - ! :2-4. "r.:S.:-7"...4-S44141. 1.;,.& - --424‘. . '. t-I,. ' ; '‘L-11b -.. • - ; "Al' • • • - - ft 0 MOF ,..--il - ‘...z-" ,1-;â.. pi. ' .1.'-' • • i • . - . "ti-e--t"--•------ 1 I •-,- ...._----.....„ i - I ' 4 ` ' .. 4. :. . :. . rr ir ' `.`''`i -• ' 4 i . '-- ait ir .`:.:. ..-;". ..'r,4 14- 1 .:=M:Itr-- 76. e ee.;.'" r I 1 —. . .. ... . ..._ , . _ , Olen -- - -,z. ', - I .-.-ereni 4/t) MI I1 4 1 1 , .., .. . .. . -'t --, - >'s, :..,-“..----,'•;;';‘;,-I?' "; 7a, , .. a 4.1,e . irk. -,_1' •..i.„.44 A : .,.....-y- risr.2 a 71* C4 /4, 11. it . • 4 • • L- —.al_ . i '-'4........_', : r -.,.....-;- -. 1 , 1,11.1 , . .. _ -I,. ;.4s •-..,;c.---'1,11-r.V, ii...i, ' . k r i e III III 1 iiii: r 1 I ill:l' 1 it•-'4-'. ; CA:144444% . ii I. l!''''-ir. ' . I . I , . . . „ le ...1 i • . 4-4-4.r"I`fd.r-`114 esrree.e.r.:A. ' ! 1 t1.111" ' r. $ .°..... . -.... . 1 i ‘ 1 2ifin . . .....e.‘ e . k . \\ .. . .44 - I rilkir: • .--- ... i Ilin:1;-:: • i 4 1''' '3 • • ear-‘.` 1 ‘ ' ' 2 •-;' --.-""'4- ...t: .- - ‘' . . :--r___Thn- -— ::"!-- --,,.rr,-__ \..-sii-_ .• , I I ._ fr- - . ....... . • . . . . . eirrt•- I: 1 :, %..... . .2 -1 • •:- .. b.. - • .. t .. , ... .... rthrralit 7 - - — .5 ,--:- . , . . . . . 1 i 6. --m:-.! - .. , . . ........ - r . . .. . • - - . 44.: r ..- _r I f , _ . . .... - ' - _ •".... . , -=-- - --i il ..-41 4-7.4...-: 1. ::. •;. - ,!--': --.,-.E. -7 . -• ...-•• .. .---- .-J. . . .... - •--:.:... . . , . I _ . ( 1 . ‘ 1 -: .,- '-ll'll"ll"b,. .... ll ..-:,.--€.- • ::-,:-,t.7,.. .. t:71, : ... _. ' ': VC illiff1"‘4k3P/ 2'41- j a51%. • . . - — 41- \14".%1M1fifr ''it . . 114:1. t•C: '5:11:. - '..-• :Cit art.:* - _ _ k. . at j .- . .c.f:ftz't-1:!('?•';•-• rttskr- .-- ; . - ..."• e ' . , .77 -. . -.- 1 " - . " - - . . . * . l - - :ili'.1 :' . '-..--% 2--°....t. - -jt,r,-, . •-,,:.,•"4.1.-‘ tiVirt it ."-.. I tr.,- 4.4 11. a414 :4 . : ::4;.e*::....4 1 ''--__:_ ,.. ' •i-4. ‘ _ _ ..: j-k1/2: C-r-•‘W.5... A Itil 17-- • - ---,'";st-----t•A'-'" .%,--4-4-4.-4t- A •t:1'- ‘ • .?,./ .:1;;". 5ClitA --tt`•!17, t- 1 -•-••:1.i Ji . Si "';1`:-.a 4 kir• ;It /4S--; ' t:;;;L.:;,.; .:1.:•-•. ;.. '''-, ;3.. _!--: ' ' - . --1;111•••**, . •• It --•-•......a . ....,-.,..... ..,,.... — ---.., -,-*--.... . . „. .. l. .... --1.., ..'4'40., " P r.a-,V.;.•.•.,v4 *- tw i ..'.1 --4; ---czctiv-144"..4.• '';'7::,-!-,C.c2,-;:::.„4,- .'"i..., 4..s - ,•:,. :,.. e. f_ . .i.t ,:, , .-..-rn,--y.L.' • $. ., . • r.% A ..,••••.. ,--••:- .... ...-,.• _.., , , -....`AS..?--bi44-i:)Yetat-P,!--S •t±..Thr"-lrir Igor' 1 p, :- f'S . ••.\. 'i;.' •"..1/ -';'''-'..-...1Ct.41t.Y.*,,"*" 4-, sr :5. ; wad .'_ p., t t. .... • el . -:-..7-77,' ----4±4.--: -,...---;:“ ' ikbr,:q. 4", I. -•-• ••• roll ...••••, p... 11.-•• 'i.24;41._..‘tt:.,•-e,- -F*.-.:5.7.;--, .1*... .T./ 1 ..,...: _ ,...,. a__,,cir : . --- , • :: i ••:--,--,,iico-e-1,‘57A-t"P4----tx-,-;;-,k1-ts- as.... s. - —It' e ..' ‘e :" .. ,'4,..i . .,,' - .. . ,. - - -•";••ti4dtgt:;:tk"gltia. 1Cer •1 --: -4. -`•'';•- --.-- -7,41...4•..;, I: 1 :---• - -.•44..d.;.41.4;4•..---P'-."-- .' 44. . grid 3/4.4 E.) - - . - - . ,, At 7,--z, - -IL. 1 --,._;--{-2,.4..., ,;,:::,:.:.... 44 '.. e. 64../-- to 4 r . F:sitt ..- r..---.r.."-72- ...r ..-,.-- CMA -l ...sr- 1/4 . t ' 1„qr.,041 jo, • ..i..1,, - - -,:i---: -:-T,L-,,. --r. • t .. z. 572-..4-ift,..,...:.?",:i....!.- 7 __. • ._ .. . ,.. .• . • . ....__ "Irfr.n -1,4.....,* . . ....._. li...;.,-rt,... er /-1•„ ri-,1 ak- ."-4. cat-L .4migi -.... ..p.. . ..,....5.-,-regik•r- al. . II p• , . ' ;.<">• -FCr-r*it'an.. , sitta - ' 4 - - . . . . , . t.„. r, :1,.,..:„.i.c.,:::,- `. if . ., . .. . - ._ ..., t , . t. . -, . . ---11.-r- ••• ,.., . .. 47,, , ::.-jli -!---' i •-•.:4 ' . t.. • all . .4 • •• -.47.''..r.417PIP • (_J J CUP 98-18,Planning Ca -infra StafRipen 143 Main Street-Hennessy,Tarin December 9, 1998 ATTACHMENT 5 Planning Commission Staff Report re: Consistency Determination, dated November 18, 1998 98-is StaffPage 24 Report-Henaecseys, 143 Main Soret FILE COPY November 18, 1998 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department ofDevelopment Services Subject: Conditional Use Permit 92-13 (CUP 98-18) 103 Main Street Determination of Consistency—New Floor Plan for Restaurant IGENERAL DESCRIPTION I Applicant. HENNESSY'S TAVERN,INC. Owner: DOROTHY HEMMER location% 143 MAIN STREET(PREVIOUSLY PAPILLON RESTAURANT) • Classification of Property. MAIN STREET SPECIFIC PLAN ZONE Request' To REMODEL THE INTERIOR OF AN EXISTING RESTAURANT, PROVIDING HANDICAPPED ACCESSIBLE RESTROOMS; RELOCATING THE KITCHEN AREA FROM BEHIND THE BAR AREA TO THE REAR OF THE RESTAURANT; REVISING THE SEATING PLAN ACCORDINGLY,WITH NO INCREASE IN SEATING CAPACITY; AND RELOCATING THE FRONT DOOR FROM MAIN STREET TO THE NORTH SIDE OF THE BUILDING Environmental Rei ems•• THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Section; 28-1250.B.(16);28-2503; 28-2304 $ff9IDmendatinn• STAFF REQUESTS A PLANNING COMMISSION DETERMINATION OF CONSISTENCY WITH PREVIOUSLY APPROVED PLAN, OR INSTRUCT STAFF TO SCHEDULE MATTER FOR A CONDITIONAL USE PERMIT PUBLIC HEARING. CalyDeooat jpji_ tys Corsistagy•PC WCaystaeeywV1-I04a ♦. _ _ .. • rami da,CauUtayDetengualwae• ataMain Singes-Hanes*'•Town, HwvngMerlt.l➢rr • FACTS • On November S, 1998,Hennessy's Tavern Inc. (the"Applicant")filed an application with the Department of Development Services for Conditional Use Permit 98-18.for an interior remodeling of the existing restaurant. The interior remodel consists of the following major components: • Provide separate men and women handicapped accessible restrooms • Relocate kitchen and food preparation areas to the west of the bar area • Provide new walk-in cooler • Redesign bar area in generally the current location • Relocate the entry of the restaurant from Main Street to the north side of the building, adjacent to the parking lot area. • Elimination of the piano bar area approved through Conditional Use Permit 92-13. • The proposed remodel, in the opinion of staafL is in substantial compliance with the previously approved floor plan regarding this property, and staff is requesting a determination of the Planning Commission to concur with that determination. If the Commission determines the interior remodeling plan is not is substantial compliance with the previously approved floor plan, this matter would then be scheduled for a Conditional Use Permit public hearing ata future date. • The removal of the piano bar from the proposed restaurant remodel,although permitted,is seen as a beneficial aspect of the current proposal. Given the minor nature of the other proposed interior remodel proposals, staff is of the opinion this matter is in substantial compliance,as discussed above. IDISCUSSION I The applicant is proposing to remodel the interior of an exterior restaurant,as part of a change of business operator at the restaurant from Papillon's Restaurant to Hennessy's Tavern. In addition, exterior remodeling is occurring which is nota concern of the existing Conditional Use Permit approvals. The restaurant location as previously been approved through several conditional use permits for the type of use requested, and for the general operations/lay-out of the restaurant facility,at proposed to be revised by the subject request. Conditional Use Permit 92-13 approved a particular floor plan, and that CUP runs with the land. A significant change in use or major aspect of the use requires a new CUP or an amendment to the existing CUP. As discussed below, staff believes the proposed plan substantially conforms to CUP 92-13, and will be equally compatible with the surrounding uses, the community in general, and the General Plan. For these reasons, staff believes the existing CUP may be transferred Page 2 Iteanersys Consineocy-PC Staff Report ` ) P4wkra Okada,Caa4rea,LMerw!„aeon l4 Hak,Sen-Hewssys Tema Norenber 18, 1,93 Without amendment, and the proposed interior remodel may be approved by the Commission through this consistency review, without the effort and expense to the City and the applicant required for a new CUP public bearing. Staff requests the Commission's concurrence in this Mad The previous approved floor plan Mates the bar area to be 19 feet from the front of the building, and being approximately 23 feet in Idngth and 9 feet wide. The proposed bar location is 28.5 feet from the front of the building,and is 30 feet long and 8 feet deep. The previous bar area also provided some of the kitchen facilities. The revised plan indicates all of the kitchen facilities wall be located separate form the bar area, and located more to the rear of the structure. The proposed plans indicate that approximately 695 square feet are devoted to the kitchen, food preparation,walk-in cooler and janitor areas. The existing restrooms are not handicapped accessible and are approximately S x 7 feet in size, a total of approximately 70 square feet for restroom area. The proposed restrooms are handicapped accessible, with the women's restroom comprising approximately 110 square feet and the men's restroom comprising approximately 118 square feet. The previous floor plan had a rear bar area also, which is not proposed to be retained under the present remodeling effort. The basic result of the proposed interior remodeling is to place more dining area at the front of the restaurant and moving the bar area away from the front of the building by approximately 7.5 feet. Provided below is an approximate breakdown of the sizes of the various areas of the restaurant, before and as proposed: Type of Area Previous Plan Proposed Plan Public Area 1,458 square feet 1,369 square feet Bar Area 249 square feet 328.5 square feet KitcimJFood Preparation 842 square feet 695 square feet Restroom: 164 square feet 291 square feet Total 2,713 square feet 2,683 square feet Noe: ares will not be equal,as interior walls not ioduded in the calculations. Lastly,the applicant is proposing to relocate the entry into the restaurant from its current location along Main Street to the north side of the restaurant, facing the parking lot adjacent to Main Street. This allows fora more efficient seating arrangement within the restaurant, and allows for more table seating to be located closer to Main Street than under the previous floor plan. No change of hours is proposed. Staff notes that the plans submitted indicate a "patio dining" area at the front of the restaurant, similar to that previously approved for El's Pizza in the 200 block of Main Street. This aspect of Hen Coasineacy-PCStaff Repot Page 3 C. Like Plating Makin Sheetryiwrrya Town Nenewber 18 1998 the project is not subject to the consistency determination of the Planning Commission, and is not included in the recommendation of staff. The Planning Commission consistency determination would require this area to remain as h is,fully enclosed. If the Commission determines the proposal, absent the"patio dining"area,is generally consistent with the previously approved floor plan, there will be no "patio dining" area permitted by the determination of the Planning Commission. If the Planning Commission determines that the consistency determination cannot be made, die "patio dining" area will be included within the Conditional Use Permit request and scheduled for a future public bearing before the Planning Commission a RECOMMENDATIONI Staff recommends the Planning Commission, alter considering all relevant information, concur with the staff recommendation that the proposed interior remodeling at 143 Main Street is in substantial compliance with previously approved floor plans for the subject property. This determination would not require a public hearing to approve the proposed interior remodel. If the Planning Commission cannot make that determination, the matter would then be set fora public bearing to consider the Conditional Use Permit request at a Enure date. � C2 �� " /r� Nhittenberg Director of Development Services Attachments(5): 1. Proposed Consistency Determination: 143 Main Street 2. Code Sections • 3. Planning Commission and City Council Staff Reports and Resolutions re; CUP 92-13 4. Proposed Interior Remodel Plan— 143 Main Street 5. Previously approved interior floor plan— 143 Main Street Page 4 &smeay:Coasimeaty-PC Staff Repon U i Planning C jnle,Coulson"Dourooltation 141 Main Senn-Hamnry i Town, November 18. 1008 ATTACHMENT 1 PROPOSED CONSISTENCY DETERMINATION: 143 MATIN STREET • ,s Coasi gage 5 aeory-PC Staff • ?Suaag Co..,wra,rte+ +r'tc>',Jn'n„Town, 1011•m Street-x•u,.ny i Town Nonage/9,1999 JIIEMORANDUM To: File, Conditional Use Permit No. 92-13 143 Main Street Ptah: Brian Brown,M.D. Chairman,Planning Commission Subject Determination of Consistency, Interior Remodel at 143 Main Street (Conditional Use Permit 92-13) Date: November 18, 1998Q PSC •The Planning Commission of the City of Seal Beach met on Wednesday, November 18, 1998 to review the above-referenced interior remodeling plans for 143 Main Street. Following is a summary of the reasons the Planning Commission =curs with staff that the proposed interior remodeling at 143 Main Stmt is consistent with Coalitional Use Poing 92-13: • The applicant is proposing to remodel the interior of an exterior restaurant, as part of a change of business operator at the restaurant from Papillon's Restaurant to Hennessy's Tavern. In addition, exterior remodeling is occurring which is not a concern of the existing Conditional Use Permit approvals. The restaurant location as previously been approved through several conditional use perndts for the type of use requested, and for the general operational lay-out of the restaurant facility, as proposed to be revised by the subject request. • The previous approved floor plan indicates the bar area to be 19 feet from the front of the building, and being approximately 23 feet in length and 9 feet wide. The proposed bar location is 28.5 feet from the front of the building, and is 30 feet long and 8 feet deep. The previous bar area also provided,some of the kitchen facilities. The revised plan indicates all of the kitchen facilities will be located separate form the bar area, and located more to the rear of the structure. The proposed plans indicates that approximately 695 square feet are devoted to the kitchen,food preparation,walk-in cooler and janitor areas. • The existing restrooms are not handicapped accessible and are approximately S x 7 feet in aim, a total of approximately 70 square feet for restroom area. The proposed restrooms are handicapped accessible, with the women's restroom comprising approximately 110 square feet and the men's restroom comprising approximately 118 square feet. • The previous Boor plan had a rear bar area also, which is not proposed to be retained under the present remodeling effort. The basic result of the proposed interior remodeling Page 6 Hennessy'Consistency-PC Staff Report U ) Plansing Comdata.Couia•my Damminanan )4.1 Alain soar-N•eary''s Town, November 18,1598 is to place more dining area at the front of the restaurant and moving the bar area away from the front of the building by approximately 7.5 feet. • Provided below is an approximate breakdown of the sizes of the various areas of the restaurant,before and as proposed: Tyne of Area Previous P40 proposed Plan Public Area 1,458 square feet 1,369 square feet Bar Area 249 square feet 328.5 square feet Kitchen/Food Preparation 842 square feet 695 square feet Restroom, 174, - 164 square fat 291 square feet Total OR - r,2,713 square feet 2,683 square feet Note: areas will not be equal,as interior walls not included in the calculations. • Lastly,the applicant is proposing to relocate the entry into the restaurant from its current location along Main Street to the north side of the restaurant, facing the parking lot adjacent to Main Street. This ,Sows for a more efficient seating arrangement within the restaurant, and allows for more table seating to be located closer to Main Street than under the previous floor plan. No change of hours is proposed. • The Commission notes that the plans submitted indicate a "patio dining" area at the front of the restaurant, similar to that previously approved for BTs Pizza in the 200 block of Main Street. This aspect of the project is not subject to the consistency determination of the Planning Commission, and is not included in the determination of the Commission. The Planning Commission consistency determination would require this area to remain as it presently is,fully enclosed. • The proposed interior remodeling will not affect the compatibility of the restaurant use with surrounding uses,the community in general,and the General Plan. Based at the above facts and findings, the Planning Commission determined the proposed remodeling as et forth in the plans dated November 4, 1998, attached to this memorandum as 'Exhibit A',with the exception of the proposed "Patio Dining"arca in generally consistent with the previous floor plans approved for 143 Main Soot by previous Conditional Use Permit appmvah. The Planning Commission authorized the Chairman to sign this memorandum of the Planning Commission at the November 18, /998 meeting of the Planning Commission on a - vote. _ _ Brian Brown,M.D., Chairman Planning Commission Page 7 liennessys Consimenry•PC Staff Resort CUP 98-18,Planing Commission Staff Report 143 Alain Sine?-flamny'Town, December 9, 1998 ATTACHMENT 6 PLANNING COMMISSION AND CITY COUNCIL STAFF REPORTS AND RESOLUTIONS RE: CUP 92-13 98-18 StaffPage 25 • Report-Heaaaceys, 143 Main Sues , � RESOLUTION NUMBER 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 92.8 AND APPROVING CUP N0. 92-13,PERMITTING A SINGLE,NON-AMPLIFIED ENTERTAINER IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 143 MAIN STREET, SEAL BEACH (PAPILL ON RESTAURANT) • TIM CITY COUNCXL OF THE CITY OP SEAL BEACH DOES HEREBY RESOLVE, DETERMTHE,AND no; Betio' I. On September P. 1992, Nada TYMildari rag Applicant') Ned an appliadon far Conditional Use Permit No.92-13 with the Department of Development Services. The Applicant seeks to establish an entertainment We in conjunction with Papillon Restaurant, styan the ting resof taurant ntt 11Don143 Main Applicant� �pursuant to 125-1300(7)0)of the talc such as a pianist,violinist,harpist a guitarist,wishesduring provide arm n°n5g�g hours. musician, kcal Sion 2. Pursuant to 14 Calif. Code of Rep. 5 15023(a)and i 11.13 of the City's CP-QA Guidelines,die Department of Development Services has determined as follows: California don tot EnUP vironmental No. 92.13 L categorically exempt from review pursuant to the Uses), because it involves, Quality Act pursuant to 14 Calif. Code of Regs. 1 15301 Malang (Minor Alterations In Land Use LmJatie onss)),bbcauae ttheof xe court{ we; es pursuant min r 1 15305 (n a land use limitation and does not involve either• �Involves■ mina alteration oa ' change in land use or density;and finally,pursuant o 5 150�61(b(3),because(tan be slope in excess of 20S with certainenvironty that then is no possibility that the approval may have a significant effect on the . • Section 7. A duly noticed public hearing was held before the Planning Commission on November 4, 1992 to consider the appliation for CUP No. 92-13. Evidence,both written and on!,was submitted for end against the project. Sacha;. The sword of the haring on November 4, 1992 indiates the following: (a) The aubjeet property is located at the southwestern coma of Central Avenue and Main Street and contains approximately 8,513 square fat. The property has approalmaa]y 73 feet of frontage on Main Street and is generally flat and rectangular. Main Street and Cental Avenue are developed to their ultimate sightsof-way of eighty feet(80')and sixty feet(d0'),respectively. (b) The pppeny etum0y contains an aaladng temauant with a currently valid alcoholic h following we Benue for eco-mle general liquor which operates doting the 11.:00 a.m.lo 1.-00 am.,Monday through Saturday ` I m 9:00 am. 11.-00 pass,Sunday. (e) The subject pcpaty's anounding land use and ronin{ follows: classifications an as NORTH Existing restaurant in Service CommercialC- ( 1)Zone. olntion Number 41'97 �i SOUTH&EAST Commercial wail.bar„nears in the Service Commercial (C-1)Zone. WEST .. Once Dream Church in the Residential Nigh Density pm)Zone. (d) The abject property W previously nadved the following approvals from the PlamdN Commisdon: (1) Vantage 1341 for the province of fewer than the requited number of on- to pvtlng spaces. co CadidmUse Permit 1941 for on-sale bear and wine isles in conjunction with a delicatessen Mi nm,Sued to Old Tows Wine and G31111310.1. ©) Condition"Um Permit 22-U to permit dm establishment of a ubeoat delicatessen raw=approved January 1953. (4) Variance 249 he the provtdon of fewer than the required number of on- We parking spaces la conjunction vita new nmunno (3) Conditional Use Permit 2.69 for en o0-ale gonad liquor sales in eaguncdon with a mew nsuuranL (e) The Department of Development Saviors dams the property to meet all parking fequitemests of the City's)fig. (0 The Seal Beach Police Depanment reviewed the application for CUP No.92-13 and reports that it has no reservations repuding the proposed atcrainmmt cafe. ' (5) The Planning Commission Medved three comments in snponse to the notices of the baring on CUP No.92-13: two(2)opposed to the application(one written v and one oat) and one.(1) written response in favor of the application. No • comments were received from the Grauer Brethren Church,although the minister of that church did state his opposition to a similar application(a modification of CUP No.92-210 extend the hours of operation of the Seaside Grill)heard by the Planning Cmnmisdon on the same evatng as the present application. Qi) Staff inspected the abject property on October 29, 1992, and found that the applicant has complied with all conditions of approval of CUP No. 2-59. (k) The abject property is located over 150 fee from the nearest residential maws. 6) Non-amplified music is normally quieter than stereo systems,which are permitted by right under the City's ming ordinance. Both live MOO=and stereo music we required to abide by the City's noise standards, but enforcement of noise remicdmu on entertainment cafes is aided by the conditional use permit requirement for much toes,which permits the imposition of appropriate conditions • of approval and,if appropriate,the semeation of such a pemdt V noise violations eau. W Papillae Remuum i a full-aevice semaunnt frtning continental cuisine and Ps to history of amaadinary demands for police services or of nuisance complaints from melghbatng sasldents. Sac69 J. Based co the foregoing,the Planning Commission fond: `(a) CUP No.92.13 is coexistent with the poo- •Itins of We Lend Use Emmet of the ,,i City's Genal Plan,which provides a 'aAbe commercial'designation for the subject Poppy and permits mterninmat cafes subject to the issuance of a Candidata!Use Permit. The we is also continent with the remaining elements of the City's General Plan as the policies of those tlemats are consistent with, and reflected in, the land Use Element. Accordingly, the propped use Is consistent with the feat Plan. • (b) The building arid poverty at 143 Main Stena am adequate in site, shape, • licpography wad leaden to aeon the ands awed by the proposed we of the 9rcct+y (e) Rsgdrad adherence to applicable building and dare nodes wanes time will be adequate Inter appy and utWdes for the ptnposed use. (d) As enmdidned hereby,approval of non-amplified,live entertainment a the site will be compatible with surrounding uses and the community In general and will nen be detrimental to the neighborhood. iE1121.6. Accordingly, die Planning Commission adopted Resolution 92.48, Sappwing a categories/nempdn for the subject request,and approving Conditional Use Permit subject to certain terms and condidns,by*SO vote. Hawn,ldine b community noted above, the project is categorically exempt under CEQA. for otherty concern as so whether a series of appliadau for ars proposed for r stilt, properties on Mahn Street may have a comuladve impact,the Council instructed staff, Involing new expanded oats co Main Sfor the pesent application and all luau applications a •s Sma.6. Pursuant to 14(Slit Code of Reps. g 15025(a)and i a.0 and ID of the ty CEQA Guidelines,sulfprepaed an Initial Study and a Negative Declaration which in compliance with the were simulated for public review and comment from December II, 1992 to January 11, 1993, local CEQA Guidelines. provisions of the California Environmental Quality Act and the City's • Conditional pailvas duly(flappeal of ed with the by the the City Council helof the notion public hearing on January 4. 1993. At the January 4, 1993 public hear i ,Inc evidence,l"i. , the Report of the Planning Commission,ttidnn,i the City Council ,Luluding; (a) ePLmhdnng Commission Staff Report of November 4, 1992,with Attachments 7. (b) the Planning C mmisdn Minutes of November 4, 1992. (c) Planning Commission Resolution No. 92-48, recommending approval of Conditional Use Peadt 92-13,with Mien(15)conditions. (d) Appeals byC on:Owen=Marilyn Rulings end by Ren Olsen,dated November 23 and 24, 1992,'espredvely. (e) Wtial Study and Proposed Negative Declaration,CUP 92.13. In addition,the City Council'calved a staff upon from the Director of Development _ Appellant and seat Mona for and against is project, including evidence from S02891.1o• On January 11, 1993,the City Council received additional comments on the bridal Study and Pnpued Negative declaration,received an additional staff report which • • elution amber '//97 • lie�.rd the Io Ma is 14 January 4, 1993,pelt baring and herd from Appellant Olae and the applicant. presentedMme Coca ieasidad all oral and wtiner testimony and evidence pal the time resented Aabl c bearings. Based upon the facts contained in the mord,those sake In lb fat the City Council hereby Ends as follows: to i{3t-2503 and 28-2501 of the City's • (I) The mord meals ma the addidon of a in aenamplifed musician to the Siting rammant use will not have any typndabk Impact on eats to and from ms a The vedng midways Mid sena the the we Meta as serve the messed we and accordingly the application Is condom with the goals, .aandards,and pollees of the Orenledon Hemet and the Growth Management Fkmet. CUP No. 92.13 a andment with the pnuvidas of the Land Use Semen of the City's General Plan, which provides a 'ermine cornmeal* deddada for the subject property and permits enwatnmmt data abject to the Issuance of a Conditional Use Pent The use is also consistent with the mans drama of the aty's General Plan as the policies of those siemens we admit with,and aorta In,the Land Use Hwot. Aaodingly, the proposed ase Is Daus with the Omni Plan. (b) lbs butdins and property at 143 Mesa Sat are adequate In she, shape, topography and location to meet the needs anted by the proposed use of the property.The madden and any atoms that will be attracted to the restaurant because of the entertainment an eaiiy be ac ommdatd by the existing st cure and by available parkins. (0) Required manna so applicable building and dm codes ensures there v411 be adequate water mrpply and utilities for the proposed use. • (d) As conditioned hereby,approval Meeh-amplifd,Eve enWainment at the the will be compatible with surrounding uses ad the community in general and will • mot be decimal to the neighborhood. (e) The City (loam herby affirms that E independently reviewed and analyzed pnds roposeas Negate:Negative Declaration No.924 prim to acting on the appeal and herby f(I) Negative Declaration No.924 was prepared by Ory Staff end therefore reflects the Independent Judgement M the City; (2) Oen e so substantial evidence in the teed which would support a fair argument that approval of the application might have a significant environmental Impact; (3) Approval Mme spoliate involves no potential for adverse effect,either Individually or tvmuadvely,on wildlife resources and will not have an advent impact on fish and wildlife and directs the Director of Development to Me the appmr ate De Msmmis Impact Finding for the �� • Department of Fish and Game Certificate of Fe Exanplon • Egan. lased en the forgoing, the Oty Candi hereby adopts Declaration No. 92-9,and approves Conditional Use Parrott 92-13, de yl ns the appeals filed minting this fauna,object to the following eondidau: I. CUP No. 92.13 is Ironed to Nader Tshvildari for the erablishment of an etaaament este providing me-amplified enarainment by so more than a single musician at 143 Main Segel. •n.son "wer a(17 f • i CUP No.9243 is nontransferable. • ) • 3. 71e.Appliemu mains bound by the conditions of CUP No.249 and Variance No.249. 4. The Appllant Nall not permit singing a dancing an the abject property. S. The Citylir the eight t evoke entmtinmmt privileges at any time pursuant a noticed public bearing before the Penning Commission for any violation of these conditions a of the tett of the rip/of Sr!n.vb.a in the co : 1 absence of a violation of these conditions,if the Commission or Council,uponMeal, deems the aaedn of aeb privileges to be Incompatible with the 6. All entertainment shall comply with the noise requirements ad forth in Chapter 13•D of the fee of Mr rite of fro Barb,as those regulatiau new air or are Maher amended. 7. Thi CUP 4 subject to the Oty's action on proposed Zoning Tat Amendment 924 and the conditional approval Main shall confer no aemplion from the provisions of any subsequently meta ordinance governing the establishment and maintenance of entertainment ales, even if such ordinance prohibits entertainment at the subject property,in which ase this permit shall be rendered null and void and any a uesuinment on the she shall cease upon the effective date of any such ordinance. g. The Applicant shall comply with all restrictions placed on its license from the California Department of Alcoholic Beverage Control (ABC). 9. The Applicant shall age and return lo the Oty an 'Acceptance of Conditions- km and provide the City with evidence satisfactory to the Department of Development Services that the operation of an entertainment cafe does not violate any condition of the ABC license issued for this property. 10. Entatdnment shall begin no Arlie than 7:00 p.m. and shall end no later than 11:00 p.m. 11. The Applicant shall prominently display the conditions of approval of this CUP . within the restaurant's lounge and dining was, in one a mac locations acceptable to the Director of Development Services. 12. This Conditional Use Permit shall not become effective for any purpose unless the'Acceptance of Conditions'form(condition 9 above)has been signed by the Applianc to and property owner, signed before a notary or City staff member Abl'l Services. proper idmd6cation,and returned to the Department of Development 13. A new Conditional Use Permit for the we contemplated herein shall be required when any of the following occur: (a) a transfer of nttporiry ownethip of the business; (b) the arabblithmat propose to modify any of its cement conditions of approval a • (e) there is a absantW denge la the mode or character of the operations of the aublishmenc J-*solution number 4/Q7 V—, 14. The term of this permit shall be four(4)months from the date that anerminment bgbu on the abject property. At the end of the four-month term of this permit, the Applicant may apply for an eight-month stenion of CUP No. 9243. The . Commission army grant such an eight-month aunsion provided all conditions of approval have been met and co extraordinary demand for law enforcement services oain with respect t the subject progeny,a other significant problems aseciamd with the amrWnmem we arise. If mach an sight-month extension is approved,the Applicant many then apply for•twelvemonth atmaion,and then Sot a third, indefinite atndm of CUP No. 92-13 under the standards of the JULSILIMIXtgagaLgad and the standards of this cardigan. IS. Ton Applicant shall indemnify,defend and save bamden the City of Seal Bach, its offices,agents and employees from any and all claims and louts whomever comaing or resulting to any and all peens,firms or ooryu.Cons famishing or supplying work services, materials, a supplies In conocdon with the performance of the as permitted hereby or the aecise of the rights ranted bath,any and all claims,hwsuiu or actions arising from the granting of or the sods of the sights permitted by this Conditional Use Pamir,and from any and all claims and)uses muffing or faulting to any person, firm,corporation or • Property for damage, Injury, death arising out of or conn ed with the • performance of the me perm/cad hereby. Applicant's obligadon to indemnify, aefead and save burdens the City as stated hereinabove shall include,but not be limited to,paying all legal fees and costs incurred by legal counsel of the City's choice in spreandng the City In connection with any such claims, bees, lawsuits or actions, and any award of damages or attorneys fees in any such lawsuit a action. .A.is Seen•ae.13• program earned mitigation monitoring program haeo as Exhibit harly adopted. Szlinh14. The time within which judicial review.If available,of this derider must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and Section - 143 of the rod.of rh.riry of SW Mnrd,unless a shorter time is provided by other applicable law. PA - s,APPROVED AND ADOPTED by the City Council ofthe City ofSul Beach • at thereof held on the clivivre daof F.. ,. , 1�y to foil. ' g vote: y / 111 A 4.c. _ �„ AYES: Caneilmem• -ix__ ke , / - O NOES: Lbwdlmemben a w �� —,A.ABSENT: C lmdlmenbas L4......c._ j MAYOR I t eA4/1/4 s 4 ri CIF3cK (I...."). ,.... s.oy. STATE OF CALIFORNIAc e f 4 COUNTY OF ORANGE t e CRY OF SEAL BEACH ) SS v �Ji`417. LE Zcf•,; . ;. t ./sow Resolution Number • O'7 -_ I,Janne M. Yeo, CtiP Clerk of Seal/inch, Calif resolution4 the original copy of Resolution Numbei 7do 6J a on file th the e otf fficehof the city y Oak,passed,approved,and ad t the dry' unci'°(the City of Seal Bach,a a regular meting thereof held a the CV day of 1993. erk • : Pinion Number 41/97 EXHIBIT 'A',RESOLUTION NO.4197 • MITIGATION MONITORING AND REPORTING PROGRAM NEGATIVE DECLARATION 92-8 (PAPILLON RESTAURANT) I• MWittla ,Machin: The Applicant Call amt permit tinging or dancing on the subject property.(City Council Candid=of Approve/#4,Resolution No.4197) Meths at VMRallod: Field hisPeetim• • mine nt VMrta joat Inflater bads,as deferMned by Police Department and the Department of Development tavias. Enoondhle Person/keener Police Department-Watch Commader;Depertment of Development Sots•Director and/or Assistant Planner. 2. 111111tilinaigasnal All entertainment shall comply with the noise requirements set forth in Chapter 13-D of the Cede of li wily araatil a those regulations now exist or an heather ambled.(City Council Condition of Approval e6,Resolution No. 4197) Birthed of Vettflr.tiee• Field inspection. r nobs of Veriflretlen• Irregular bads,as determined by Police Department and the • Department of Development Services. Etnpncmte Person/Anne.. PoliceDepsnment•Watch Commander;Department of Development Services•Director and/or Aaiwnt Planner. • 3. Bfitlnfion Mr.f.r• The Applicant shall comply with all restrictions placed on its license from the California Department of Alcoholic Beverage Control.(City Council Condition of Approval#8,Resolution No.4197) Me1Fnd et V,rinatinn- Field inspection. J)mine or Vertflatin•• irregular yds, as determined by the Department of Alcoholic Beverage Control and the Department of Development Services. Receen.ih4 Rrsne/Aeenrr• Department of Alcoholic Beverage Control•held Investigator Department of Development Services•Director and/or Assistant Planner. t. Mftcntle,Me n.,,, The Applicant anal sign ad mum to the City an 'Accgnana of Condition'form and provide the City with evidence atisfactory to the De/annum of Development Services that the operation of an enrerninmal cafe does not violate any condition of the ABC IS.... issued for this property. (City Council Ccmdidon of Appranl N,Resolution No.4197) Method of VMflattppl Reim of proarly executed 'Acceptance of Conditions' form ad copy of ABC Beene with conditions re: live entertainment. Resolution Number 4297 / /aNrW M.Irn..&NWA M• MM+~itadorlas sat&persists bona Odsosew P24.htpillon/new /eats.are IM • Jbelnt et VMfratpn• pion coma Of properly aeeubd 'Acceptance ' Conditions'form and copy of ABC license with conditions re:Lro amwn moment of and/orAuitunt Planner. Department of Development $wiener - Diecsor S. . I MilinM n.tlen . Fntexminmmt shell begin no aa riitlun7:00p.m.and shall end no later than 11:60 p.m.(Cry Council Condition of Approval/10,Resolution No. 4197) Method e f VM�,e11.t is Field btpcdm. Thmin. at Vnlfl`d bngular tads, as determined by Police Department Department of Development Services,and Depanmmt of Alcoholic BingeCpol loionmikkanainnen of PoliceDepartmenl-watch Commander,Department Development Director and/or Assistant Planner:Department of Alcoholic /leverage Cartrol-Field lnvesdgator. 6. JNltitetlon M.•mne• The Applicant shall prominently display the conditions of approval of this CUP wlddn the restaurant's lounge and dining areas, in one or mom tions acceptable to the Director of Development Services. (City Council Condition Approval/11,Resolution No.4197) Mrthnd of V ){freta , Field in spation. Morin, of V eelnr.r� Upon issuance of license by ABC allowing entrainment. BeoBeo oncpht``aL Department of DMI and/or Assistant Planner. Development Services - Dironor 7. )rfitltatlon%math• This Condidonal Use Permit shall not become effective for anAy perp anose d property the 'Acceptance of Conditions' form has been signed by the Proper Applicant anion d rammed to beed tone a n�ora Cry staff member subject to Council Condition of Approval/12,Resolutiono.41 ent of Development 6vviass. (City Method of Veelfintlon• Return yof properly executed 'Acceptanceof Conditions' m. Ybmint of VMfI eel an Conditions'form. Upon scum of properly tacuNd 'Atseptanee of Evitlastuattwoanos and/orAssistant Planner. Department of Development Swiss - Dirnm • I S. Milltitlnn M .e..... • the City of- -al Rear The Applicant shall employeendemnify,s mdefend y and ave harmless loses whatsoever A,occurring or res agent and a ndlall ps hoer any and all Wiens and oo:lming esWting to any and all persons, {cams or en+pondons dd pLZt ve ez `T/'Y' / Rdwlw No.//q,SSW A KMpwIse hops" or. mam PAINIMPI ' Assn a.• HAf fmnisNnj a supplying wok, orrice:, eaurins, or supplies Si aamxtion with the performance of the use permitted bareby or the exercise of the rtghu granted herein,any and all claims, hvadu a actions arising from the granting of or the anise of the eights;ermined by this Mdidaul Un Permit,and from any and all claims end baa conning or molting to any person,firm,aorperaicm a property for damage,Way, daub arising out of or connected with the performance of the nue permitted hereby. Applicant's *Bono as indemnify, defend and on Wmlm the Ory as anted beeinsbuve shall include,but not be limited to,paying all legal feet and oats In aed by legs/some/of the Ciq'a choice In npreaendng the City in connection with any such claims,bees, hwadu a actions,and any award of damages a auomeys fes in any ouch lawsuit or actia.(City Council Coalition of Approval SIS,Ruoludon No.4197) Niched of Viirrnestko Approval of signed hdomdflatla agreement by the City Attorney. • 71mine of Verification Prior to issuing a'Notice of Compliance with Condidons' by the Department of Development Services. Beseonelbte PeneNAergrr City Attorney b authorize aeapanee of signed indemnification agreement and instruct Department of Development Services to issue a *Notice of Compliance with Conditions', authorizing the esubiiAmeni to commence operations in accordance with the conditions of approval. see " FILE COPY January 11, 1993 STAFF REPORT To: Honorable Mayor and Members of the City Council Attention: Jerry Bankston, City Manager From: Lee Whittenberg, Director of Development Services Subject: NEGATIVE DECLARATION NO. 92-8; APPEAL re: CONDITIONAL USE PERMIT 92-13, LIVE ENTERTAINMENT - SINGLE, NON-AMPLIFIED ENTERTAINER (Papillon Restaurant) - City Council Consideration SUMMARY On January 4, 1993, the City Council conducted a public hearing to consider an appeal from the Planning Commission's decision to approve Conditional Use Permit 92-13, conditionally permitting a single, non-amplified entertainer at Papillon Restaurant, 143 Main Street. Tonight, members of the public may provide further comment as to the Negative Declaration prepared by staff. DISCUSSION Negative Declaration. To ensure a fully informed hearing before the Council, but under no legal obligation to do so, staff has prepared an Initial Study and has examined the potential cumulative impacts arising from the request. The initial study has been previously circulated for review and comments, with the 21-day comment period expiring on January 11, 1993. Staff has prepared the Initial Study and proposed Negative Declaration and circulated the document in accordance with the provisions of the California Environmental Quality Act (CEQA) and the local guidelines of the City. As of January 8, 1993, staff has received two responses indicating no comment on the proposed Negative Declaration, and those comments presented at the January 4 public hearing on the project. C:\WP5110EQAK.U42.13N.CCQt WIA493 Qum naa. da i - . Negative Declaration 92-8, re: Conditional Use Permit 92-13,Live Entertainment- Single,Non-Amplified Entertainer City Coancii SteBReport January II, 1993 After providing an opportunity for comments, the Mayor shall close the public testimony portion of the hearing. The City Council shall independently review and analyze the Negative Declaration and any comments received during the public review period. Issues Raised At January 4. 1993 Hearing: 1. General Plan Adequacy An assertion was made at the January 4 public hearing that this proposed project is inconsistent with the Circulation Element of the General Plan. Staff has reviewed the General Plan, including the Land Use, Circulation, and Growth Management Elements, and is of the opinion that this project is not inconsistent with any of those elements specifically, or inconsistent with any of the other elements of the General Plan. The subject property is located in an area which is designated for "Service Commercial" purposes in the Land Use Element, is zoned "Service Commercial", in conformity with the Land Use Element, and is developed with a restaurant, which is a conditionally permitted use in the Service Commercial Zone. General Plan Elements are traditionally not prepared to the level of detail to be able to determine if the proposed single live entertainer is inconsistent, rather, the General Plan elements are directed towards determining if the basic zoning and land use development pattern is consistent. In this case, as discussed above, the use of the property as a restaurant is consistent with both the General Plan and the Zoning Ordinance. In addition, the property is located on Main Street, which is designated as a "Secondary Roadway", which is designed "... to serve as collector streets in that traffic is diverted from principles before the latter's capacities are exceeded and conduct it to either larger arterials or local generators such as neighborhood shopping centers. Examples are Ocean Avenue and Lampson Avenue." Estimated vehicle capacity at a Level of Service (LOS) "C" for Main Street is 10,000 vehicles per day.' It should be noted that the Initial Study, at pages 34A and 34B, indicate traffic volumes on Main Street at two different times of the year, one being during a summer day, to be less than 10,000 vehicles per day. Further, the Growth Management Element establishes Traffic Level of Service (LOS) Goals, including significance thresholds for traffic impact analysis. This project does not generate traffic levels which exceed those thresholds. Also, the City adopted a 7-Year Capital Improvement Program (CIP) in May, 1992. This proposed project does not 'Transportation Element, Orange County Environmental Management Agency, revised April 25, 1990,page TE-1-7. C\WPSI\CaQA\Cu9Y13N.CCU.Wm1-0B-93 2 t . .t Negative Declaration 924, re: Conditional Use Permit 92-13,live Entenainment- Single, Non-Amplified Entertainer CSN Council Staff Report January 11, 1993 impact the CIP. Staff specifically discussed the issue of increased traffic generation from the proposed project at Sections 13.a and 13.b.,pages 19 and 20 of the Initial Study, and concluded that the provision of a single, non-amplified entertainer between 7:00 and 11:00 P.M. nightly would not result in significant traffic generation or significant demand for new parking, since many of the adjoining commercial uses are not open at this time. In addition, the restaurant is existing and operating during those hours now, and the proposed live entertainment is not seen as a major intensification of the existing restaurant. 2. Cumulative Impacts. The Initial Study discusses potential cumulative impacts under Section 21.c. (page 29 of Initial Study), with the detailed discussion regarding this issue starting on page 30 and continuing to page 37 of the Initial Study. The cumulative impact section of the Initial study discusses the areas of: A. Intensification/Expansion of Uses B. Traffic Congestion C. Late Night Traffic D. Crime and All Arrest Activity. It should be noted that an Errata page regarding "Crime and All Arrest Activity" was circulated on January 5, including specific crime and arrest activity for Crime Reporting District 7, which includes both the Main Street and Pacific Coast Highway commercial corridors. This information indicates that between 1989, the high arrest activity year between 1985 and the present, and 1991, the most recent complete statistical year, that crime and arrest activity decreased by 15.9%. Rased upon the foregoing data, and upon the information analyzed in the Initial Study, the impacts that may arise from a single, non-amplified entertainer are so insignificant that staff doubts whether such use would contribute anything to potential cumulative impacts arising from such use combined with the impacts arising from other uses. Nonetheless, staff has analyzed the impacts arising from the proposed use in combination with the impacts arising from present and foreseeable uses and concludes that there will be no significant cumulative impact. One of the appellants has referred to the January 14, 1985 letter submitted in connection with the application for a variance and conditional use permit for Hennessey's. There is very little similarity between that application for a new use which required a variance and conditional use permit, and the present application for permission to provide live entertainment at an existing restaurant. The 1985 letter argued that if the City were to C:\NP5NCCQA\C1192-13N.CCLLW101-08-93 3 Negative Declaration 92-8, re: Conditional Use Permit 92-13,Lye Entertainment- Single. Non Ar pl fed Entertainer Ory Cowell Ste Report January 11, 1993 approve that application, other applications for restaurants and bars would soon follow, resulting in both a change in the character of Main Street and adverse cumulative impacts. However, the comparison of restaurants in the Initial Study indicates that the number of restaurants along Main Street has only increased from 19 to 20 in the period of 1985 to 1992, and that the restaurants with alcohol licenses has remained constant at 16. Moreover, the crime and arrest activity has decreased during that same period. 3. fn-Lieu Parking: The concern expressed during the public hearing regarding in-lieu parking is an issue of concern to the City, and the City intends to move ahead to seek a resolution of the concerns expressed regarding in-lieu parking. However, the Seal Beach Code does not require that an existing restaurant provide additional parking when the restaurant wants to provide a single, non-amplified entertainer at the existing restaurant. Therefore in-lieu parking is not an issue in considering this application. 4. Parking Impacts: As stated above, the Code does not require an existing restaurant to provide additional parking spaces for a single, non-amplified entertainer, and based upon the Initial Study we conclude that there will be no significant impact upon parking capacities. In addition, staff has prepared trip generation information for the project based on information provided by the Institute of Transportation Engineers.' This information indicates that a 2,800 square foot quality restaurant would be expected to experience the following trip generation demands: Average Weekday Trip Ends/1,000 sq. ft. = 74.9 x 2.8 = 209.72 trips P. M. Peak Trip Ends/1,000 sq. ft. = 6.14 x 2.8 = 17.19 trips (Between 4 and 6 P. M.) Saturday Trip Ends/1,000 sq. ft. = 99.2 x 2.8 = 177.76 trips P. M. Peak Hour Trip Ends/1,000 sq. ft. = 10.94 x 2.8 = 30.63 trips (8 to 9 P.M.) Sunday Trip Ends/1,000 sq. ft. = 71.6 x 2.8 = 200.48 trips P. M. Peak Hour Trip Ends/1,000 sq. ft. = 9.26 x 2.8 = 25.93 trips (12 to 1 P.M.)' 2 'Trip Generation', Institute of Transportation Engineers,Third Edition, 1982. ' Ibid,ITE Land the Code 831 -Quality Restaurant- 1,000 Gross Square Feet of Building Area. ctwmuEQAtctA6uN.c Lwwtn.93 4 r Negative Declaration 92-8, re:Conditional Use Permit 92-13, live Entertainment- £ngle, Non-Amyljfied Entertainer lily Council Ste Report Jantury 11, 1993 As can seen by the above information, the restaurant would be expected to generate approximately 17 vehicle trip ends during the peak weekday time period of 4 to 6 P.M. and approximately 30 vehicle trip ends during the peak Saturday time period of 8 to 9 P.M. In reviewing both the July, 1985 and May, 1989 city traffic counts, the following traffic volumes were recorded on Main Street for the peak weekday and Saturday times: 4:00 to 6:00 P.M. 8:00 to 9:00 P.M. Weekdays Saturday July 21, 1985 1,516 vehicles 461 vehicles May 24, 1989 1,333 vehicles 440 vehicles When comparing the trip generation anticipated for the restaurant with the vehicle activity on Main Street,the restaurant would be expected to generate approximately 2.5% of the weekday peak period (4:00 to 6:00 P.M.) and 13% of the Saturday peak period traffic. At these times of the evening, Main Street is functioning with less than 20% of the traffic to maintain a Level of Service (LOS) "C". RECOMMENDATION After receiving public testimony and closing the public hearing, take one of the following actions: 1) Grant the appeals of Councilwoman Hastings and/or Reva Olson, reversing the decision of the Planning Commission and denying the request for live entertainment, and take no action on the negative declaration. Instruct staff to prepare appropriate implementing Resolution for City Council consideration on January 25, 1992. 2) Approve the Negative Declaration and sustain the decision of the Planning Commission, granting the live entertainment, denying the appeals. Instruct staff to prepare appropriate implementing Resolutions for City Council consideration on January 25, 1992. 3) If new, additional information is presented, the City Council may refer back to the Planning Commission for further consideration. e1WPSMEQAICU92.13N.mw01ae-93 5 I, Negative Declaration 92-8, re: Conditional Use Peru 92-13,Live Entertainment - Single, Non-Ampler Entertainer ay Council Staff Report January 11, 1993 For: January 11, 1993 NOTED AND APPROVED torWhittenberg, Direcctor Jerry Bankston (/ Development Services D ent City Manager Attachments: (2) Attachment 1: Initial Study and Proposed Negative Declaration - Conditional Use Permit 92-13, Single, Non-Amplified Entertainer, 143 Main Street - Papillon Restaurant, including Errata Sheet dated December 28, 1992 (Previously provided to City Council). Attachment 2: Errata Sheet dated January 5, 1993. esss C\WPSI WEQA\CI192-11N.CaLVA0I-01493 6 Negative Declaration 92-8, re: Conditional Ilse Permit 92.13, Live Entertainment- Single, Non-Amplified Entertainer Ery Council Staff Report January 11, 1993 ATTACHMENT 1 Initial Study and Proposed Negative Declaration - Conditional Use Permit 92-13, Single, Non-Amplified Entertainer, 143 Main Street - Papillon Restaurant, including Errata Sheet dated December 28, 1992 (Previously provided to City Council). * tat * C\WP5I\CRQn\CU91-I3N.WiLW014:9-93 7 ay of Seal Bead CEQA Gaideliaer November, 1992 NEGATIVE DECLARATION FOR: conditional Use Permit 92-13 - Single. Non-Amplified Entertainer (Project) Application has been filed with the City of Seal Beach for approval of the project known as Papillon Restaurant, to be located at 143 Main Street, Seal Beach, 90740 , and to be implemented by Nader Tahvildari. The project is briefly described as: - A request to provide a single, non-amplified entertainer at an existing restaurant with an on-sale general alcohol license. This restaurant is currently operating and is currently allowed to operate from 11:00 A.M. to 1:00 A.M., Monday through Saturday, and from 9:00 A.M. to 9:00 P.M. on Sunday. The Planning Commission has restricted the hours for live entertainment to no earlier than 7:00 P.M. and no later than 11:00 P.M. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Seal Beach, the Lead Agency has analyzed the project and determined that the project will lug have a significant impact on the environment. Based on this finding, the Lead Agency prepared this NEGATIVE DECLARATION. A copy of the Initial Study, documenting reasons to support the finding, is attached. Mitigation measures, if any, included in the project to avoid potentially significant effects are: Attached as 'Exhibit A' A period of at least 21 days from the date of publication of the notice of this NEGATIVE DECLARATION will be provided to enable public review of the project specifications, the Initial Study and this document prior to the final adoption of the NEGATIVE DECLARATION by the Lead Agency. A copy of the project specifications is on file in the offices of the Department of Development Services, 211 Eighth Street, Seal Beach, CA, 90740. i a Date: December 18. 1992 By: •. %iii.iiii.,e - tor of Development Servi a\WflIK'EQACUP92-13wrxa.rn12-11-92 E-1 PUBLIC NOTICE NEGATIVE DECLARATION The City of Seal Beach hereby gives notice that pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA") and the CEQA Guidelines of the City of Seal Beach, the Director of Development Services has analyzed the request for Papillon Restaurant-Provision of Single, Non-amplified Entertainer(CUP 92-13),proposed to be located at 143 Main Street, Seal Beach, CA 90740. The proposal: A request to provide a single. non-amplified entertainer at an existing restaurant with an on-sale general alcohol license. This restaurant is currently operatine and is currently allowed to overate from 11:00 A.M. to 1:00 A.M.. Monday through Saturday. and from 9:00 AM. to 9:00 P.M. on Sunday The Planning Commission has restrictedthe hours for live entertainment to no earlier than 7:00 P.M. and no later than 11:00 P.M. After reviewing the Initial Study and any applicable mitigating measures for the project, the Director of Development Services has determined that this project will not have a significant effect on the environment. Accordingly, a NEGATIVE DECLARATION has been prepared. A public hearing will be held by the City Council to consider this proposed NEGATIVE DECLARATION on January 11, 1993, at 7:00 P.M. at City Hall Council Chambers, 211 Eighth Street, Seal Beach, California, 90740. Public comments will be received by the City prior to fmal approval of the NEGATIVE DECLARATION and action on the project, through January 11, 1993. A copy of all relevant material, including the project specifications, Initial Study, and the NEGATIVE DECLARATION is on file in the offices of the Department of Development Services, City of Seal Beach, 211 Eighth Street, Seal Beach, California, 90740. Date: December 18. 1992 By: w , r iii . — Director of Development Servi C\YTncEQATUPYm-u.Arxuwuar-sr E-2 Revised 2-87 NEGATIVE DECLARATION • FOR: Conditional Use Permit 92-13 ( Project) Application has been filed with the City of Seal Beach , California for approval of the project known as Conditional Use Permit 92-13 Papillon Restaurant - Single, non-amplified entertains and to be located at 143 Main Street, Seal Beach and to be implemented by City of Seal Beach The project is briefly described as : The applicant (Papillon Restuarant) is proposing to provided one (1) non-amplified entertainer at an exisitno restaurant. Pursuant to the authority and criteria contained in the California Environmental Quality Act and the Environmental Impact Report Guidelines of the City of Seal Beach , the Lead Agency has analyzed the project and determined that the project will not have a significant impact on the environment. Based on tVili finding , the Lead Agency prepared this NEGATIVE DECLARATION. A copy of the Initial Study, documenting reasons to support the finding , is attached . Mitigation measures , if any , included in the project to avoid potentially significant effects are : See enclosed conditions of approval. A period of 21 days from the date of publication of the notice of this NEGATIVE DECLARATION will be provided to enable public review of the project specifications , the Initial Study and this document prior to the final adoption of the NEGATIVE DECLARATION by the Lead Agency. A copy of the project specifications is on file in the offices of the City of Seal Beach. Date: December 18, 1992 By /1.)&1j7 aaaArhmentse Lee Whittenberg RESOLUTION NUMBER 92-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 92-13,PERMITTING A SINGLE, NON-AMPLIFIED ENTERTAINER IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 143 MAIN STREET, SEAL BEACH(PAPILLON • RESTAURANT) CONDITIONS OF APPROVAL: 1. CUP No. 92-13 is issued to Nader Tahvildari for the establishment of an entertainment cafe providing non-amplified entertainment by a single musician at 143 Main Street. 2. CUP No. 92-13 is non-transferrable. 3. The Applicant remains bound by the conditions of CUP No. 2-89 and Variance No. 2-89. 4. The Applicant shall not permit singing or dancing on the subject property. 5. The Planning Commission reserves the right to revoke entertainment privileges at any time pursuant to a noticed public hearing for violation of these conditions or of the Code of the City of Seal Beach, or,in the absence of a violation of these conditions,if the Commission deems the exercise of such privileges to be incompatible with the neighborhood. 6. All entertainment shall comply with the noise requirements set forth in Chapter 13-D of the Code of the City of Seal Beach, as those regulations now exist or are hereafter amended. 7. This CUP is subject to the City's action on proposed Zoning Text Amendment 92-2 and the conditional approval herein shall confer no exemption from the provisions of any subsequently enacted ordinance governing the establishment and maintenance of entertainment cafes. 8. The Applicant shall comply with all restrictions placed on its license from the California Department of Alcoholic Beverage Control(ABC). 9. The Applicant shall sign and return to the City an "Acceptance of Conditions' form and provide the City with evidence satisfactory to the Department of Development Services that the operation of an entertainment cafe does not violate any condition of the ABC license issued for this property. 10. Entertainment shall begin no earlier than 7:00 p.m. and shall end no later than 11:00 p.m. II. The Applicant shall prominently display the conditions of approval of this CUP within the restaurant's lounge and dining areas, in one or more locations acceptable to the Director of Development Services. 12. This Conditional Use Permit shall not become effective for any purpose unless the"Acceptance of Conditions" form(condition 9 above)has been signed by the Applicant and property owner, signed before a notary or a City staff member subject to proper identification, and returned to the Department of Development Services;and until the ten(10) day appeal period has elapsed. 13. A new Conditional Use Permit for the use contemplated herein shall be required when any of the following occur: (a) a transfer of majority ownership of the business; (b) the establishment proposes to modify any of its current conditions of approval; or (c) there is a substantial change in the mode or character of the operations of the establishment. 14. The term of this permit shall be four(4) months from the date that entertainment begins on the subject property. At the end of the four-month term of this permit, the Applicant may apply for an eight-month extension of CUP No. 92-13. The Commission may grant such an eight-month extension provided all conditions of approval have been met and no extraordinary demand for law enforcement services occurs with respect to the subject property, or other significant problems associated with the entertainment use arise. If such an eight-month extension is approved,the Applicant many then apply for a twelve-month extension, and then for a third, indefinite extension of CUP No. 92-13 under the standards of the Code of the City of Seal $each and the standards of this condition for the issuance of the initial, eight-month extension. 15. The Applicant shall indemnify, defend and save harmless the City of Seal Beach, its officers, agents and employees(collectively, "the City") from and against any and all liability or expense,whatsoever occurring or resulting to persons or property for damage,bodily injury or death arising out of or in connection with the issuance of this approval or the exercise of the rights accruing from this approval, and shall specifically include,without limitation, all challenges to, or claims, lawsuits or actions arising from,the issuance of this approval. Applicant's obligation to indemnify, defend and save harmless the City shall include,but not be limited to, defense costs and fees incurred by legal counsel of the City's choice. INITIAL STUDY CONDITIONAL USE PERMIT 92-13, LIVE ENTERTAINMENT- SINGLE, NON-AMPLIFIED ENTERTAINER (143 MAIN STREET-PAPILLON RESTAURANT) December 18, 1992 Department of Development Services City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 [DESCRIPTION OF PROPOSED PROJECT I Proposal The applicant is proposing to establish an entertainment cafe by providing a single, non-amplified entertainer at an existing restaurant with an on-premise general liquor license. This restaurant is currently operating and is currently allowed to operate from 11:00 A.M. to 1:00 AM., Monday through Saturday and from 9:00 A.M. to 9:00 P.M. on Sunday. The Planning Commission has restricted the hours for live entertainment to no earlier than 7:00 P.M. and no later than 11:00 P.M. Site The subject J property, Orange County Assessor's Parcel Number 199-034-1 and 119-034-2 is located at the southwesterly corner of Main Street and Central Avenue. The subject property is rectangular in shape and flat topographically with an area of approximately 0.20 acres (8,812.5 sq. ft.). The property is currently developed with a single-story restaurant building comprising approximately 2,784 sq. ft., and 19 off-street parking spaces. The site is a currently developed site,being flat and developed with a restaurant and related off-street parking area. The site has stable soil, minimal landscaping of an urban nature, and does not contain any known cultural or historical sites. Surrounding properties are of a similar nature, consisting of primarily one-and two-story commercial buildings along Main Street, with primarily one- and two-story residential buildings located to the west along Eighth Street. Immediately to the west of the subject property is a one- and two-story church complex. These surrounding properties do not contain any known cultural or historical sites. • Cw IPROL CIC1vot2.DS CCM • N SAN . ' Iid RR4I ND0 � YVY 4>. 15 UCA EYI�ANR FL DDE Y YµTE 1� OLEMDA *LANKA ARCADIA -IA I. HOLLYWOOD W 4ERIEL LA VENNI 'EVENLY Ar HILLS ,IIIA• CLOSE LOA ,• AwOELEI WOWTRY a SELL .RATTIER BE RXARDINO NOLi H00• COUNTY ED_IE WN AIN1 ANGELES COUNTY NET LYNII000• DOWN! IMP Y 0I ORANGE C NAWTWONNE f w a DMA MANHATTAN 2 111lLORERI,h•. • F LICA '` Dr it I FULLERTON PLACENTIA \ LAKEWOOD E REDON00 TOIINAMC[ ONDO VERDDES • I n_ SAN C F6 ACII .00 lk 'HES TwITFt POLLING RSL PROJECT ANA = EEACX _ F SITE \Nige PAOiPic OCEAN u NTHEITLN\ 1 En Et . KR}OIIT SLAC �+ Regional Location Map CITY OF SEAL BEACH Conditional Use Permit 92-13 Papillon Restaurant - Entertainment APPENDIX I ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) �I. BACKGROUND 1. Name of Proponent: NanTumcow 2. Address and Phone Number 3492 YEtaoWTAIL of Proponent: Los Ai.utrros,CA 90720 (310)493-5236 3. Date of Checklist Submitted: DECEM8E.R 18,1992 4. Agency Requiring Checklist: Cm'OF SEAL BEAcc 5. Name of Proposal: CONDITIONAL USE PERMIT 92-13 PAPIU.ON RESrAURM4T 143 MAIN STREET,SEAL BEACH IL ENVIRONMENTAL IMPACTS I (Explanations of a0 answers I• follow each section). a YYE MAYBE Earth. Will the proposal result m Unstable earth conditions or m changes in geologic substructures? . b •. Disruptions,displacements,or overcovering of the soil? to` Change in topography or ground surface relief features?; , d The destruction, covering or modification of any unique geologic • + or physical features? awm•oonow.vCTn.iu BCCI. • • Conditional Use Permit 92-13 Environmental Assessment No. 92-6 CONTINUEDr MAYBE Earth Will the proposal result in: ` �: 3 . r � r x 3 Any increase in wind or water , erosion of soils,either on or off the '' Y:. .ter. )., a{ Changes in deposition or erosion of a beach sands, or changes in siltation t deposition or erosion which may Modify the channel of anver or t n ;' ''. • stream or the bed ofthe ocean or �� �� . : any bay,inlet or lake? jt X' g. Exposure ofpeople or property to' geologic hazards such as sW earthquakes, landslides,mudslides; ground fe0ure,or similar hazards? EXPLANATION OF ANSWERS-Earth Earth a. The proposed provision of live entertainment for the existing restaurant will not result in or create unstable earth conditions or result in changes to geologic substructures, and no new information regarding this issue has been brought forward. The site is approximately 0.9 mile(4,700'*)from the Newport-Inglewood fault; the structure which the restaurant is located in is existing, and their are no structural modifications proposed as part of this request. b. The site is currently developed with an existing one-story restaurant building and paved parking lot. The entire site has been previously graded for that purpose. The proposed provision of live entertainment at the existing restaurant will not result in any disruptions,displacements,compaction or overcrowding the soil, and no new information regarding this issue has been brought forward. c. The area where the existing one-story structure is located is relatively flat and will remain so,since no construction is proposed as part of the project. The provision of entertainment will not result in changes to topography or ground surface relief features, and no new information regarding this issue has been brought forward. awantaiotaurvent.tu Rif, Page 2 • • ' Conditional Use Permit 92-13 Environmental Assessment No. 92-6 d. The existing restaurant is located within an existing one-story building which is located on primarily flat land and does not contain any unique physical or geologic features. The provision of entertainment at the existing restaurant will not require any grading or structural modifications and is not anticipated to result in the destruction, covering, or modification of any unique geologic or physical feature, and no new information regarding this issue has been brought forward. e. The existing site is primarily flat and is currently developed with a one-story building and related off-street puking. Therefore, no increase in wind or water erosion of soils, either on or off the site, will occur,and no new information regarding this issue has been brought forward. f. The proposed live entertainment at the existing restaurant does not impact any beach sands,water courses, or water bodies. Therefore, the proposed provision of entertainment at the existing restaurant will not result in changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake,and no new information regarding this issue has been brought forward. S. The site is approximately 0.9 mile(4,700'*)from the Newport-Inglewood fault; however, the earth conditions of the site itself are relatively stable. All existing structures and equipment were designed to meet Seismic Zone 4 standards per Section 2312 of the Uniform Building Code, at the time of construction. The proposed live entertainment may result in the exposure of people or property to geologic hazards, such as earthquakes, landslides, mudslides, ground failure, or similar hazards. In that the proposal merely adds a single, non-amplified entertainer at an existing restaurant,the proposal does not create a substantially increased exposure, due to the existence of the restaurant, and no new information regarding this issue has been brought forward. eu.oFaW6NNaq.tM etas Page 3 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 2. v s MAYBE • 6Q AIR will the proposal result in a x- Substantial air emissions or ,deterioration of ambient air quality? ° -- -�- b The creation of objectionable odors?., o: Alteration of air movement, ,•s • • , moisture or temperature,of any change in climate either locally or; :+, S EXPLANATION OF ANSWERS -Air Air a. The proposed project will not result in substantial air emissions or deterioration of ambient air quality beyond projections by the South Coast Air Quality Management District, and no new information regarding this issue has been brought forward. b. The project will not result in the creation of objectionable odors,and no new information regarding this issue has been brought forward. c. Air movements will not be altered;further,changes in moisture, temperature and climate(either locally or regionally)will not occur, and no new information regarding this issue has been brought forward. * * * CWORCADOCNOWCP12.13A ICC he Page 4 • Conditional Use Permit 92-13 Environmental Assessment No. 92-6 3. WATER. Will the proposal result in: YES MAYBK fiQ a. Changes in currents,or the course of direction of water movements,in either marine or fresh waters? b. Changes in absorption rates, drainage patterns,or the rate and amount of surface runoff/ _IL 0. Alterations to The course or flow of flood waters?• • d. Change in the amount of surface water in any water body? e. Discharge into surface waters,or in any alteration of surface water quality including but not limited temperature,dissolved oxygen or turbidity? - _,,,, —2— £ £ Alteration of the direction or rate of flow of ground waters? X g. -. Change in the quantity of ground waters either through direct . . . additions or withdrawal;or • through interceptions of an aquifer • by cuts or excavations? '_= . ' _.1. • b. Substantial reduction in the amount • of water otherwise available for public water supplies? i Exposure of people or property to • • water related hazards such as flooding or tidal waves? ' Ci.*3 WOOS OnLIH ICON Page 5 Conditional Use Permit 92-13 Environmental Assessment No. 924 EXPLANATION OF ANSWERS -Water Water a Changes in the currents or the course or direction of water movements will not occur due to proposed live entertainment,as no water channels or water bodies exist on the site,and no new information regarding this issue has been brought forward. b. The project will not result in a change in absorption rates,drainage patterns, or the rate and amount of surface runoff since the property will remain in it's present configuration, and no new information regarding this issue has been brought forward. c. No changes to the course or flow of flood waters will occur as the result of the proposed live entertainment since the property is not located in an identified flood hazard zone (Flood Map designation MX")', and no new information has been brought forward regarding this issue. In addition the restaurant is located within an existing structure, and no building modifications are proposed. d. No changes will occur in the amount of surface water in any water body since there is no surface water body located on the subject property, and no new information has been brought forward regarding this issue. e. No direct impacts to surface waters or surface water quality are anticipated as a result of the provision of live entertainment at the existing restaurant, and no new information has been brought forward regarding this issue. f. The direction or rate of flow of wound waters will not be affected, since there is no construction proposed as part of the request to provide live entertainment, and no new information has been brought forward regarding this issue. g. Approval of the requested live entertainment at the existing restaurant will not result in changes to the quantity or quality of ground waters, and no new information has been brought forward regarding this issue. h. No substantial reductions in the amount of water otherwise available for public water supplies will result from the approval of live entertainment at the existing restaurant,and no new information has been brought forward regarding this issue. 'Flood Insurance Rate Mop Number 06059C0026 E•.Federal Emergency Management Agency, September 15,1989. ewma000ciorcai42A m. Page 6 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 i. Approval of live entertainment at the existing restaurant will not result in the exposure of people or property to water-related hazards(e.g., flooding or tidal waves), and no new information regarding this issue has been brought forward. The facility is not located in an identified flood hazard zone(Flood Map designation"X").s 2 @d CMA0ltoaoCmdVOn43A Welt Page 7 Comditiomal Use Permit 92-13 Environmental Assessment No. 92-6 4. 1 Plant Life. Will the proposal result tn: .: Y MAYBE ' 1 a Change in the diversity of species . 3'1 or number of any species of plants (including trees, shrubs. grass sops,and aquatic plants)? b Reduction of the numbers of any ' , unique rale or endangered species of . plants? '=+ - c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing • _ species? ; d. Reduction in acreage of any _L agricultural crop? EXPLANATION OF ANSWERS-Plant Life Plant Life a. Neither changes in the diversity of species nor deterioration of vegetation will occur with the approval of the request for live entertainment at the existing restaurant, and no new information regarding this issue has been brought forward. Existing landscape planting is provided in accordance with the requirements of the City, and is comprised of typical plant types found in the southern California region. b. Reduction of the numbers of any unique, or rare or endangered species of plants will not occur with the approval of live entertainment at the existing restaurant, as none currently exist on the subject property,and no new information regarding this issue has been brought forward. c. No new species of plant, or barriers to replenishment of existing plant species will result with the provision of live entertainment at the existing restaurant, and no new information regarding this issue has been brought forward. ev,�aOWOOMENV0.2.13A cc- Page 8 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 d. A reduction in acreage of any agricultural crop will not result from the provision of live entertainment at the existing restaurant, since there is currently no agricultural crops located on the subject property, and no new information regarding this issue has been brought forward. MOOR 0 IINU11)A sect Page 9 Cooditiooal Use Permit 92-13 Favirmneatal Assessment No. 92-6 5. Y Animal Life. Will the Proposal result in :,. JNAYBE , a. Change io the diversity of species or numbers of any species of ' u ;, , animals(birds,land animals including repines,fish and shellfish, benthicorganismsor t '— Insects b. " Reduction of the numbers of any unique,rare or endangered species of animals? - c. ': Introduction of new species of t animals'into an area,or result in a barrier to the migration or movement of animals? -: d. : Deterioration to existing fish or wildlife habitat? EXPLANATION OF ANSWERS-Animal Life Animal Life a. Neither changes in the diversity of species nor of species of animals will occur with the approval of this request endnumberno new inanyformation regarding this issue has been brought forward. b. Reduction of the numbers of any unique or rare or endangered species of animals will not occur with the approval of this request, and no new information regarding this issue has been brought forward. c. No new species of animals, or barriers to migration of existing animal species will result with the approval of this request,and no new information regarding this issue has been brought forward. ewm.voao un+nn.11.m Page 10 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 d. No deterioration to existing fish or wildlife habitat will result from the approval of this request, and no new information regarding this issue has been brought forward. • GMM@ROD06O4VO f.1L rst Page 11 Conditional Use Permit • Environmental Assessment No. 92-692-13 6. fYBE LIQ lNoise. Will theproposal result m. a. Increases in existing noise levels? - — — b. Exposure of people to severe noise levels? . EXPLANATION OF ANSWERS-Noise Noise a. Approval of live entertainment at the existing restaurant may result in a slight increase of existing noise levels due to increased customer attraction to the premises which may generated bye the provision of five entertainment. The normal activities associated with customers and employees of the restaurant leaving the restaurant may be increased due to increased customer patronage of the restaurant. The nearest residential uses are approximately 140 feet to the southwest, and are separated from the existing restaurant by a the alley and the Grace Bretheran Church complex. With the imposition of conditions as set forth by the Planning Commission, this impact is considered insignificant, and no new information regarding this issue has been brought forward. b. Exposure of people to severe noise levels is not anticipated to result from the provision of live entertainment at the existing restaurant, and no new information regarding this issue has been brought forward. owe, SDIVCTl.IM 6`Y Page 12 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 7. YES MAYBE EQ Light and Glare. Will the proposal produce new light and glare? EXPLANATION OF ANSWERS-Light and Glare Light and Glare The provision of live entertainment at the existing restaurant will not result in the exposure of people to new light or glare, and no new information regarding this issue has been brought forward. CAMIPROMOCIADIVCM.11A ecck Page 13 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 8. YES Min '1Q Land Use. Will the proposal result in substantial alteration of the present or planned land use of an area? EXPLANATION OF ANSWERS );and Use The proposed provision of live entertainment at the existing restaurant comprises an accessory use to the main activities which currently occur on the subject property, and does not constitute an alteration to the present or planned zoning of the subject property, which is currently zoned C-1, Service Commercial. The provision of live entertainment is conditionally permitted in the C-1, Service Commercial zone, and the Planning Commission has determined that the proposal is not environmentally significant and that a categorical exemption should be granted. The current operating hours were permitted under Planning Commission Resolution 1540, adopted by the Planning Commission on April 5, 1989. However, it is now necessary to obtain a Conditional Use Permit to provide live entertainment on the same premises. The C-1, Service Commercial zone, allows entertainment cafes, subject to approval of a conditional use permit, in accordance with Section 28-1300.(7)(i) of the Code of the City of Seal Beach. The request for live entertainment is properly considered through the conditional use permit process. ewmaaoOrnen+nnn•Weis Page 14 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 9. YES MAYBE ZIQ Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? _ C� EXPLANATION OF ANSWERS-Natural Resources Natural Resources a. Provision of live entertainment at the existing restaurant will not result in a significant increase in the rate of use of any natural resources such as energy, water, and raw material, and no new information regarding this issue has been brought forward. b. Provision of live entertainment at the existing restaurant will not result in a substantial depletion of any nonrenewable natural resource, and no new information regarding this issue has been brought forward. ewmROOXSONcn.ir m Page 15 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 10. YES MAYBE I?52 Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances(iincluding but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? — b. Possible interference with an emergency response plan or an emergency evacuation plan? �1 • EXPLANATION OF ANSWERS-Risk of Upset Risk of Upset a&b. The provision of live entertainment at an existing restaurant will not result in a risk of explosion or release of hazardous substances in the event of an accident or upset condition, or result in possible interference with an emergency response or evacuation plan, and no new information regarding this issue has been brought forward. CAMPIWOCCNDIVONIIIIA saa. Page 16 • • Conditional Use Permit 92-13 Environmental Assessment No. 92-6 11. Population. Will the proposal alter the ES MAYBE location, distribution, density,or growth rate of the human population of an area? —� EXPLANATION OF ANSWERS-Population population The location, distribution, density,or growth rate of the population in the area will not be affected by the provision of live entertainment at the existing restaurant as conditioned by the Planning Commission, and no new information regarding this issue has been brought forward. The property has been and will remain in the C-1, Service Commercial Zone, which does not allow for residential development. • cwowmaarvan-13A ICC Page 17 • • Conditional Use Permit 92-13 Environmental Assessment No. 92-6 12. Housing. Will the proposal affect na MAYBE Ea existing housing, or create a demand for additional housing? EXPLANATION OF ANSWERS -Housing Housing Provision of live entertainment at the existing restaurant, as conditioned by the Planning Commission, will have no impact upon existing housing and will not result in creating a demand for additional housing, and no new information regarding this issue has been brought forward. cvaantP ocserm'gHN Ci! Page 18 • • Conditional Use Permit 92-13 Environmental Assessment No. 92-6 13. Transportation/Circulation. Will the . Y MAYBE _ N1? proposal result in: k• '• , a. Generation of substantial additional vehicular movement? +' • -• b- Effects on existing parking facilities �_X — or demand for new parking? x c. Substantial impact upon existing • • ' transportation systems? , d. Alterations to present patterns of -2S— circulation circulation or movement of people and/or goods? • _ • X e. Alterations to waterborne,rail or • air traffic? F Increase in traffic hazards to motor • vehicles,bicyclists or pedestrians?• EXPLANATION OF ANSWERS-Transportation/Circulation Transportation/Circulation a Provision of live entertainment at the existing restaurant may result in the generation of additional vehicular movement, due to increased customer patronage. However, due to the operating hours of the majority of surrounding businesses not being in conflict with the restaurant use, this impact is felt to not be significant, as conditioned by the Planning Commission, and no new information regarding this issue has been brought forward. b. Provision of live entertainment at the existing restaurant may result in additional customer utilization of the existing off-street parking area. Existing parking facilities provide nineteen open parking spaces on the subject property, in addition to public on-street parking along Main Street and Central Avenue. The provision of live entertainment at the existing restaurant, as conditioned by the Planning ewmsomornn+von.ir seer Page 19 • • Conditional Use Permit 92-13 Environmental Assessment No. 92-6 Commission,will not necessitate or create a demand for new/additional parking spaces, and no new information regarding this issue has been brought forward. c. No impacts to the existing transportation facilities are anticipated if the provision of live entertainment at the existing restaurant is approved,and no new information regarding this issue has been brought forward. d. Present patterns of circulation nor the movement of people and/or goods will not be affected if the proposal for live entertainment is approved, and no new information regarding this issue has been brought forward. e. No waterborne, rail, or air traffic will be affected by approval of live entertainment at the existing restaurant, and no new information regarding this issue has been brought forward. f. Hazards to motor vehicles,bicyclists, or pedestrians will not occur if live entertainment is approved at the existing restaurant, and no new information regarding this issue has been brought forward. * * CWW*O➢CCTEWOR.IN KC! Page 20 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 14. • Public Services. Will the proposal have Y MAYBE Li an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? — b. Police protection? c. Schools? d. Parks or other recreational facilities? __3_ e. Maintenance of public facilities, including roads? —_3— E Other governmental services? -� EXPLANATION OF ANSWERS-Public Services Public Services a. Approval of live entertainment at the existing restaurant will have no effect upon or result in the need for new or altered fire protection service, and no new information regarding this issue has been brought forward. b. Approval of live entertainment at the existing restaurant may have an effect upon or result in the need for new or altered police protection services, due to the potential for late evening noise disturbances to nearby residential land uses, and resulting complaints. The Police Department has reviewed the request for live entertainment, and has not expressed a concern relative to the application, and no new information regarding this issue has been brought forward. c. No new school facilities will be required if live entertainment at the existing restaurant is approved because this action will not result in a significant increase in employment within the community, and no new information regarding this issue has been brought forward. • a w,m.aononem.1H ecru Page 21 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 d. No new parks and recreation facilities will be required if the live entertainment at the existing restaurant is approved because this action will not result in a significant increase in population or employment within the community, and no new information regarding this issue has been brought forward. e. The requested live entertainment at the existing restaurant will result in no impacts upon the maintenance of public facilities or roads because the restaurant is located in an existing one-story building, and no new information regarding this issue has been brought forward. f. No impacts to other governmental facilities are anticipated as the result of the provision of live entertainment at the existing restaurant, and no new information regarding this issue has been brought forward. Cw.O*OiZOCADZ On-1N Mak Page 22 • • Conditional Use Permit 92-13 Environmental Assessment No. 92.6 15. I Y MAYBFiQ Energy. Will the proposal result in: k a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? EXPLANATION OF ANSWERS-Energy Energy a. &b. Provision of live entertainment at the existing restaurant will not result in a significant increase in the rate of use of any natural resources such as energy, water, and raw material, and no new information regarding this issue has been brought forward. k 9r * CWOIoaoC4l PACPP7 � c Page 23 • • Conditional Use Permit 92-13 Environmental Assessment No. 92-6 16. Utilities. Will the proposal result in a }ES MAYBE EQ need for new systems, or substantial alterations to the following utilities? a. Power or natural gas? b. Communications systems? c ....,Waw? _ d. Sewer or septic tanks? �( e. Storm water drainage? £ Solid waste and disposal? ? �t EXPLANATION OF ANSWERS-Utilities Utilities a. to f The provision of live entertainment at the existing restaurant will not substantially increase the demand on private or city water, natural gas, or sewage treatment systems above the current levels necessary for business operations, and no new information regarding this issue has been brought forward. cwmavnoaDIVCMIu son. Page 24 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 17. Human Health. Will the proposal result ` ire-2 MAYBE ED in: a. Creation of any health hazard or • • potential health hazard(excluding ' mental health)? ____ c� b. Exposure ofpeople to potential . health hazards., • _ . EXPLANATION OF ANSWERS-Human Health Human Health a. & b. The provision of live entertainment at the existing restaurant will not result in any increased health hazard or the exposure to people of potential health hazards due to risk of explosion or release of hazardous substances in the event of an accident or upset condition, and no new information regarding this issue has been brought forward. awmaoaoamfNon.u..on. Page 25 Conditional Use Permit 92-13 Environmental Assessment No. 924 18. fl NAYBE liQ Aesthetics. Will the proposal result in the obstruction of any scenic vista orview open to the public,or will the proposal result in '. the creation of an aesthetically offensive site open to public view? EXPLANATION OF ANSWERS-Aesthetics Aesthetics - - The existing restaurant is located in the C-I, Service Commercial zone. To the north, east and south are commercial businesses along Main Street, with a church being located to the west. The restaurant is located in an existing one-story building, and no physical modifications to the structure or parking areas are proposed. Since no construction activity is proposed as part of the request for live entertainment at the existing restaurant, no obstruction of any scenic vista or view open to the public will occur, nor will the proposal result in the creation of an aesthetically offensive site open to the public, and no new information regarding this issue has been brought forward. * * cwmeaooamnniM non. Page 26 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 19. MESS )MAYBE ZIQ Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? .. ..— EXPLANATION OF ANSWERS-Recreation Recreation Provision of live entertainment at the existing restaurant will not create any impact upon the quality or quantity of existing recreational opportunities, and no new information regarding this issue has been brought forward. cwmRoaocaarvonn..m. Page 27 • Conditional Use Permit 92-13 Favvonmeatal Assessment No. 92-6 20. Cultural Resources. Will the project, tiro 4 J�IAYB- ' '', s result in; a The alteration of or the destruction of a prehistoric or"...- c .:. archeological site? - _` b. In adverse physical or aesthetic effects to a prehistoric or historic' building, stnrcture,or object? :'. ",_� c Have the potential to cause a s' physical change which would affect unique ethnic cultural values? j ••_ L d Restriction of existing religious or sacred us"with thepotential impact ares? c� EXPLANATION OF ANSWERS-Cultural Resources Cultural Resources a.to d. The proposed provision of live entertainment at an existing restaurant does not impact any known archaeological sites, does not result in adverse physical or aesthetic effects to a prehistoric or historic structure or building, does not have the potential to affect unique ethnic cultural values, and does not restrict existing religious or sacred uses within the potential impact area. The site is currently developed with an existing one-story building and off-street parking areas, and the entire site has been previously graded for that purpose,with no archaeoogical or historical resources being encountered, and no new information regarding this issue has been brought forward. * * cwmaaoacnmonau m Page 28 • Conditional Use Permit 92-13 Environmental Assessment No. 924 21. • Mandatory Findings of Significance YES MAYBE ?VQ Does the project have the potential to degrade the quality of the - environment,substantially reduce the habitat of a fish or wildlife .: species,cause a fish or wildlife population to drop below self , sustaining levels,threaten to eliminate a plant or animal community,reduce the number or • restrict the range of a rare of - endangered plant or animal or- . - - - eliminate important examples of the major periods ofCalifornia history or prehistory? —2— Does the project have the potential to achieve short-term,to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief;definitive period of time while long-term impacts will endure well into the fume), .-..L— e. Does the project have impacts which are individually limited,but cumulatively considerable? (A project may impact on two or more • separate resources where the impact on each resource is relatively small,but where the . effect of the total of those impacts on the environment is significant).- "I ---- d. , —d. Does the project have environmental effects which will cause substantial adverse effects on human beings,either directly or indirectly? —_- c Page 29 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 EXPLANATION OF ANSWERS -Mandatory Findings of Significance Mandatory Findings of Significance a Approval of this request does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare of endangered plant or animal or eliminate important examples of the major periods of California history or prehistory, and no new information regarding this issue has been brought forward. b. Approval of this request does not have the potential to achieve short-term,to the disadvantage of long-term, environmental goals, and no new information regarding this issue has been brought forward. c. Approval of this request may have impacts which are individually limited,but cumulatively considerable: Based upon its analysis of relevant data, including that attached hereto, staff concludes that the project,which proposes to provide a single, non-amplified entertainer for a maximum of four hours a night, when conditioned as proposed by the Planning Commission approval which is the subject of the appeal to the City Council,will not result in the creation of significant cumulative impacts for the following reasons: 1. The available data does not suggest a pattern of increasing traffic in the Old Town commercial area in the past seven years and the project cannot reasonably be expected to create significant traffic impacts in isolation, or in conjunction with past projects and reasonably anticipated future projects. The limited data available suggests that traffic levels have fallen or remain constant. 2. The available data does not suggest a pattern of increasing demand for parking, or a decrease in the supply of parking spaces, in the Old Town commercial area in the past seven years and the project cannot reasonably be expected to create significant impacts on parking facilities in isolation,or in conjunction with past projects and reasonably anticipated future projects. The demand for parking has increased 7.6% over the past seven years and the 1,286 spaces available exceed the projected demand for 1,172 spaces.Moreover,the addition of live entertainment, as conditioned by the Planning Commission will occur at night, and thus any increase in the demand for parking at night will not conflict with daytime demand. 3. The available data does not suggest a pattern of increasing crime,or demands for law enforcement services, in the Old Town commercial area in the past seven years and the project cannot reasonably be expected to create significant impacts on crime or law enforcement services in isolation, or in conjunction with past projects and reasonably anticipated future projects. Indeed, crime levels have declined significantly, by some 33.7% since the peak year of 1986. CW.m.amaOven.nM Weis Page 30 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 4. As discussed above, as conditioned,the proposed use itself will not significantly add to the noise levels and will not create significant conflicts with adjoining residential uses. The conditions of approval of the project require that the City's noise ordinance be enforced and its noise standards observed. A possible impact upon adjacent residential areas is the noise generated from patrons as they exit the premises. While there is no direct data available regarding late night noise and land use conflicts, it appears reasonable to conclude that noise levels will correlate to the amount of nighttime activity,which will be reflected in traffic data. In addition, noise and land use conflicts can be expected to correlate with arrests and complaints of public intoxication, driving while intoxicated, and disturbing the peace. The decline in criminal activity and the apparent absence of an increase in traffic suggest the absence of a significant trend of noise impacts and land use impacts. Accordingly, staff concludes that the project cannot reasonably be expected to create significant noise impacts or land use incompatibilities in _ - isolation, or in conjunction with put projects and reasonably anticipated future projects. Intensification/Expansion of Uses: A comparison of building areas and usage has been completed for the September, 1985 and December, 1992. Below is a block-by-block comparison of the building areas and parking requirements for those two time periods: BUILDING AREA and REQUIRED PARKING SEPTEMBER, 1985 and DECEMBER, 1992 BY BLOCK MAIN STREET BUILDING BUILDING REQUIRED REQUIRED AREA AREA PARKING PARKING DUCK 1212 1222 125 2222- 100 EAST 30,366 30,366 155 155 100 WEST 33,700 33,700 247 252 200 EAST 22,196 24,909 136 149 cMJPRO.COMavcmav¢p, Page 31 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 (Continued) MAIN STREET BUILDING BUILDING REQUIRED REQUIRED AREA AREA PARKING PARKING 111,OCK 1985 1242 1295 1232_ 200 WEST 25,587 25,587 130 130 300 EAST 12,448 22,644 163 228 300 WEST 18,208 18,208 140 140 OCEAN AVENUE 4,188 4,188 28 28 CENTRAL AVENUE 3,200 3,200 23 23 ELECTRIC AVENUE 800 2,747 2,747 10 10 900 9 484 9 484 2 57 TOTAL 162,164 175,033 1,089 1,172 The above information indicates that during the seven year time period that building area has expanded by 7.9%, or 12,869 square feet. It should be noted that the building expansions were restricted to the east 200 and east 300 blocks of Main Street. The new buildings were constructed at 222,320 and 330 Main Street. The main type of intensification of use which could occur would be the conversion of an office or retail use to a restaurant use. This type of land use intensification would require increased parking. Retail uses require 1 space per 300 square feet of building area, while restaurant uses require 1 space per 100 square feet of building area. The 1984 "Downtown Revitalization Study-Final Report'indicates the following regarding the provision of parking within the area bounded by 8th Street, 10th Street, Pacific Coast Highway, and the Ocean: CM10tamNDIV0 2.,MA Ch Page 32 • Conditional Use Permit 92-13 Environmental Assessment No. 92-6 1. 340 on-street spaces, 236 categorized as commercial. 2. 433 private off-street spaces, including 8th Street lot. • 3. 82 free public spaces. 4. 431 paid public spaces,Beach lots, excluding 1st Street lot. It should be noted that in 1985, the 433 private off-street spaces provided 39.8%of the required off-street parking, and in 1992 36.9%. In the majority of cases, almost all businesses along Main Street are nonconforming due to the lack of required off-street parking. FUTURE ANTICIPATED PROJECTS EXISTING REQUIRED PROVIDED }i1M DING AREA PARKING PARKTNf'I 101 Main(entire property) 7,831 29 24 (suite 0) (968) (10) — 143 Main 2,784 28 13• 209 Main 2,380 24 3 • Six (6) spaces on-site and seven(7) leased from Grace Bretheren Church A comparison of restaurant operations along Main Street during 1985 and 1992 is presented below: RESTAURANT OPERATIONS ON MAIN STREET SEPTEMBER, 1985 and DECEMBER, 1992 ADDRESS 1985 1992 101 Grandma's Grandma's 101 Giancola's' Seaside Grill* 111 ClancJ's• Clancy's• 1131/2 Main Street Weenie' Even More(Service) 115 Potholder Too* Taco Surf* 117 Seal Beach Smorgasbord Pasta Grotto* 121 The Risher* Thelrisher• 1311/2 Don Juan's Taco' Don Juan's Taco' 136 Runners High(retail) Cinnamon Production 137 Omelette Gallery Old Town Cafe 1381-140 Hennessey s• Hennessey's• 143 Old Town Wine and Deli* Papillon* 201 Walt's Wharf' Walt's Wharf CV0/114003CMIVC192.13A bone Page 33 • • Conditional Use Permit 92-13 Eavumunental Assessment No. 92-6 209 Green Pepper' Vacant 223 Nick's Deli• Nick's Deli 306 Mandarin Garden' Mandarin Garden* 303-05 Main Street Deli' Main Street Deli' 320A Bayou St John• 330F Cafe Lafayette• 900 Ocean Seal Beach End Cafe* Ruby's* (Destroyed with pier) 901 Ocean Jacks Too' Kinda Lahina• 909 Ocean Senor Corky's• Tootsie's• NOTE: • denotes restaurant with alcohol license During this period of time the number of restaurants in the area has increased from 19 to 20, and the number of restaurants with alcohol licenses has remained constant at 16 locations. Traffic Congestion- In order to evaluate traffic impacts in the"Old Town" area, a review of 1985 and 1989 city-wide traffic counts was undertaken. It is difficult to obtain a clear comparison of changes in traffic patterns since the 1985 counts were taken in July, a summer month which traditionally experiences elevated traffic within the subject area, and the 1989 counts which were taken in May, prior to the traditional summer increase. As would be expected, the 1985 traffic counts are higher than the 1989 numbers due to the difference in time when the counts were taken. In order to determine the change in traffic in the "Old Town" area, it would be necessary to have counts taken during the same days as the 1985 and 1989 counts. See "Attachment A" and "Attachment B", which are graphic displays of the 1985 and 1989 City-wide Traffic Counts. Late Night Traffic Again, any comparison of late night traffic along Main Street must be tempered with the knowledge that the difference in months in which the traffic counts were taken will have a major impact upon how the issue is looked at. Below is a comparison of late night traffic use in the Main Street area for information purposes: CwmawooaSWOc2-I3A 64 Page 34 ATTACHMENT A 1985 TRAFFIC VOLUMES • y'� R065M0 5. / 1 7 �� ' .. n L_ __ ____9. J. M�QN••v. i `� /e lt�. .� to 236.0+�N.�IEG� F� . ♦ 247.0 \ N e• • f 14 m en • 208 WESTMINSTER AVE 25.3 defr 1b• • • / f ♦y♦ 4,r .• AI hyo 0 ARINA / .. 4) 6.47 b fig\ (`40 iE,/ ^h tt f9 ... ....... .. ...... y�sI- J CITY OF SEAL- BEACF • ATTACHMENT B J ROSMOOF;; n �KisiiiL-----/Pai? L ,i —r1; i4250.0 — �7'- 2gq.0�'N DIEGO 11pper/ al I O I n 228 J WESTMINSTER 196 • t e� ARIN6B� ROLSA 7.2 ~ P `� ?y, e�lfi� e b 6 X . ivb "3. ..Ag 0.0,ste ft 1g 0 X" CITY OF SEAL BERCI ENGINEElath 1989 TRAFFIC VOLUMES - nt ,. Imo:-• . fi. j„E ion I- Conditional Use Permit 92-13 Environmental Assessment No. 92-6 LATE NIGHT TRAFFIC PATTERNS MAIN STREET COMMERCIAL AREA JULY 1985 and MAY 1989 MAIN STREET BETWEENELEC7RIC and PACIFIC COAST HIGHWAY HOUR 1985 1989 10 to 11 PM 249 230 1 I PM to 12 AM 136 146 12to1AM 221 52 Ito 2 AM 207 53 2 to 3 AM 61 27 3to4AM 28 18 OCEAN AVENUE BETWEEN 7th STREET and 8th STREET HOUR 1985 1989 10 to 11 PM 127 118 11 PM to 12 AM 80 48 12toIAM 43 38 Ito2AM 31 23 2to3AM 12 10 3to4AM 5 8 OCEAN AVENUE BETWEEN MAIN S7REET and 12th STREET HOUR 1985 1989 10 to 1I PM 120 110 II PMto12AM 106 86 12to1AM 52 48 Ito2AM 36 30 2to3AM 17 13 3to4AM 10 13 tWWtOmeonn on.iv..ca* Page 35 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 ELECTRIC AVENUE BETWEENMARINA AVENUE and MAIN STREET- West Bound HOUR 125 1989 10 to 11 PM 35 30 II PMto12AM 15 15 12to1AM 9 10 1to2AM 3 5 2to3AM 4 3 3to4AM 2 2 ELECTRIC AVENUE BETWEEN 12th STREET and OCEAN AVENUE-East Bound HOUR 1per 1989 10 to 11 PM 42 42 II PM to 12 AM 28 27 12to1AM 36 7 1to2AM 26 9 2to3AM 16 3 3to4AM 4 1 "Crime and All Arrest Activity. Staff has compiled Police Department statistics regarding"Part I Crime and All Arrest • Activiry" for the Main Street and adjoining residential areas. In discussing this issue with the Police Department,it has been indicated the Main Street commercial corridor is located in Reporting District 7, along with the Pacific Coast Highway commercial condor. Reporting districts 3 and 4 comprise the residential areas adjacent to either side of Main Street, south of Pacific Coast Highway. Below is a summary of Police Department records for those reporting districts between 1985 and September, 1992: ewanonornnm l.r Stet Page 36 • Conditional Use Permit 92-13 Environmental Assessment No. 92-6 Part 1 Crime and All Arrest Activity 1985 to 1992 YEAR DISTRICT 3 DISTRICT 4 DISTRICT 7 TOTAL 1985 165 413 497 1,075 1986 229 463 494 1,186 1987 151 366 465 982 1988 155 274 364 793 1989 199 334 566 1,099 1990 181 294 531 1,006 1991 179 280 476 935 1992* 99* 173* 244* 516• 7-Year Total 1,358 2,597 3,637 • 7-Year Average 179.9 371 484.7 1,010.9 • Through September, 1992 It should be noted that for reporting district 7, which includes Main Street, in addition to the commercial corridor along Pacific Coast Highway, the number of crimes and arrest activity has decreased 15.9%between the high reporting year of 1989 and 1991. For reporting districts 3 and 4 respectively,which comprise the residential areas on either side of Main Street, south of Pacific Coast Highway,the number of crimes and arrest activity has decreased 21.8% and 39.5%respectively,between the high reporting year of 1986 and 1991.For all three reporting districts in total,the number of crimes and arrest activity has decreased 21.16%between the high reporting year of 1986 and 1991." d. Approval of this request will not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly, and no new information regarding this issue has been brought forward. ew.0Roaoomnvn-w Orbs Page 37 Conditional Use Permit 92-13 Environmental Assessment No. 92-6 Proposed Mitigation Measures See Attached Resolution No. 92-48 * * CW011003RD1VOq.13A OCC* Page 38 RESOLUTION NUMBER 92-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF • SEAL BEACH APPROVING CUP NO. 92-13,PERMITTING A SINGLE, NON-AMPLIFIED ENTERTAINER IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 143 MAIN STREET, SEAL BEACH(PAPILLON • RESTAURANT) CONDITIONS OF APPROVAL: 1. CUP No. 92-13 is issued to Nader Tahvildari for the establishment of an entertainment cafe providing non-amplified entertainment by a single musician at 143 Main Street. 2. CUP No. 92-13 is non-transferable. 3. The Applicant remains bound by the conditions of CUP No. 2-89 and Variance No. 2-89. 4. The Applicant shall not permit singing or dancing on the subject property. S. The Planning Commission reserves the right to revoke entertainment privileges at any time pursuant to a noticed public hearing for violation of these conditions or of the Code of the City of Seal Beach, or, in the absence of a violation of these conditions, if the Commission deems the exercise of such privileges to be incompatible with the neighborhood. 6. MI entertainment shall Comply with the noise requirements set forth in Chapter 13-D of the Code of the Ci y of Seal Beach, as those regulations now exist or are hereafter amended. 7. This CUP is subject to the City's action on proposed Zoning Text Amendment 92-2 and the conditional approval herein shall confer no exemption from the provisions of any subsequently enacted ordinance governing the establishment and maintenance of entertainment cafes. 8. The Applicant shall comply with all restrictions placed on its license from the California Department of Alcoholic Beverage Control(ABC). 9. The Applicant shall sign and return to the City an "Acceptance of Conditions" form and provide the City with evidence satisfactory to the Department of Development Services that the operation of an entertainment cafe does not violate any condition of the ABC license issued for this property. 10. Entertainment shall begin no earlier than 7:00 p.m. and shall end no later than 11:00 p.m. 11. The Applicant shall prominently display the conditions of approval of this CUP within the restaurant's lounge and dining areas, in one or more locations acceptable to the Director of Development Services. 12. This Conditional Use Permit shall not become effective for any purpose unless the"Acceptance of Conditions"form(condition 9 above)has been signed by the Applicant and property owner, signed before a notary or a City staff member subject to proper identification, and returned to the Department of Development Services; and until the ten(10)day appeal period has elapsed. 13. A new Conditional Use Permit for the use contemplated herein shall be required when any of the following occur: (a) a transfer of majority ownership of the business; (b) the establishment proposes to modify any of its current conditions of approval; or (c) there is a substantial change in the mode or character of the operations of the establishment. 14. The term of this permit shall be four(4)months from the date that entertainment begins on the subject property. At the end of the four-month term of this permit, the Applicant may apply for an eight-month extension of CUP No. 92-13. The Commission may grant such an eight-month extension provided all conditions of approval have been met and no extraordinary demand for law enforcement services occurs with respect to the subject property, or other significant problems associated with the entertainment use arise. If such an eight-month extension is approved, the Applicant many then apply for a twelve-month extension, and then for a third,indefinite extension of CUP No. 92-13 under the standards of the Code of the City of Seal peach and the standards of this condition for the issuance of the initial, eight-month extension. 15. The Applicant shall indemnify,defend and save harmless the City of Seal Beach, its officers, agents and employees(collectively, "the City")from and against any and all liability or expense,whatsoever occurring or resulting to persons or property for damage,bodily injury or death arising out of or in connection with the issuance of this approval or the exercise of the rights accruing from this approval,and shall specifically include,without limitation, all challenges to,or claims,lawsuits or actions arising from,the issuance of this approval. Applicant's obligation to indemnify, defend and save harmless the City shall include,but not be limited to,defense costs and fees incurred by legal counsel of the City's choice. Conditional Use Permit 92-13 Environmental Assessment No. 92.6 On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. LI I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the v mitigation measures described on an attached sheet have A been added to the project. A NEGATIVE DECLARATION will be prepared. Ifind the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: December 18, 1992 I 1%/�sv/ Wlvttenberg, Director Development Services Dep ent CITY OF SEAL BEACH * * ewmeomoCSOvon.I M acc* Page 39 4c. iFpf 'reTt;;:'3a-.ter-*..s.'`+ - p�. r:aa • i . '�sF' ,gym' +t-:f� sr- 7i4;!" i ' M .r � � ma "11 3 ?K"l• .,.,.�F `.pFJ 1tAS.. irF i -Y e h 'gQ. Y/.7 ji.9' a "VP ATTACHMENT 2 Negative Declaration Conditional Use Permit 92-13 • Single, Non-Amplified Entertainer ERRATA FOR DRAFT NEGATIVE DECLARATION Following is listing of errors that have been discovered subsequent to the document's printing and mailing. Typographical and other errors considered minor are not included here: PAGE CORRECTION 36 Delete all discussion regarding "Crime and All Arrest Activity", and replace with following language: "Crime and All Arrest Activity Staff has compiled Police Department statistics regarding "Part I Crime and All Arrest Activity" for the Main Street and adjoining residential areas. In discussing this issue with the Police Department, it has been indicated the Main Street commercial corridor is located in Reporting District 7, along with the Pacific Coast Highway commercial corridor. Reporting districts 3 and 4 comprise the residential areas adjacent to either side of Main Street, south of Pacific Coast Highway. Below is a summary of Police Department records for those reporting districts between 1985 and September, 1992: C W F3110EQA 1CUP92"13.a2LL W01 d5-93 Part 1 Crime and All Arrest Activity 1985 to 1992 YEAH DISTRICT 3 DISTRICT 4 DISTRICT 7 TOTAL 1985 165 413 497 1,075 1986 229 463 494 1,186 1987 151 366 465 982 1988 155 274 364 793 1989 199 334 566 1,099 1990 181 294 531 1,006 1991 179 280 476 935 1992* 99* 173* 244* 516* 7-Year Total 1,358 2,597 3,637 7-Year Average 179.9 371 484.7 1,010.9 * Through September, 1992 It should be noted that for reporting district 7, which includes Main Street, in addition to the commercial corridor along Pacific Coast Highway, the number of crimes and arrest activity has decreased 15.9% between the high reporting year of 1989 and 1991. For reporting districts 3 and 4 respectively, which comprise the residential areas on either side of Main Street, south of Pacific Coast Highway, the number of crimes and arrest activity has decreased 21.8% and 39.5% respectively, between the high reporting year of 1986 and 1991. For all three reporting districts in total, the number of crimes and arrest activity has decreased 21.16% between the high reporting year of 1986 and 1991." CWPS11C8QA1CUP92-13.813LLW WI-05-93 • RESOu now NUMBER 92-4S A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL REACH APPROVING CUP NO.92.13,PFRMR'RNG A SINGLE, NON-AMy1JFEED ENTERTAINER IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 143 MAN STREET,SEAL/EACH( APDIDN RESTAURANT) THE PLANNING COMMISSION OF THE CITY OP SAL$EACH DOES IFRFRY FIND AND RESOLVE: LCi109.L oe Sepinhr 9,1992,Nada Talwidad eta Applicant,Sled a application for Conditions/Un Penult No.92-13 with the Denman of Development Savior. The Applicata mks to establish an witertabmra cafe i eo44nion with Pytllm Rrmral en misting remnant et 143 Main Siren Sea/Bosch proal to 13$-1300(l)(i)of the CS,di61 City mf sABae►. The Applicant wigs to provide a t31 .as-cSSed aSi n,aid as piatn Mont,bung or a pdWiq during menthe fruit hone Section T. Pursuant to 14 Calif.Code of Amp S 15025(a)ed gab Mtn City's Leal CEQA Guidelines,sans dear nuyd as Mows: The application for CUP No. 92-13 is categorically cramp tom review pursuant to the CaSfbttda Environmental Quality Aa Forams to 14 Calif Code of Rey.) 15301 (Edging Uses),beaus it ivvlwe the aegiiybb «Magog of an edging use;pursuant to 115305(Muer Alterations hi Land Use Tlmtutiou), became the popped wolves a mina sltwation in a land me imitation and don mot involve tether a propetty I,excess&30%slope ore change In land use et density;and Ena0y,patent to( 15061(6)(3),because it an be ran with oayintythat there is no possibility the the approval may have a significant effect on the antennae. SwBiffil. A duly nodes public bearing was bald before the Naming Commission on November 4,1992 to consider the application for CUP No.92.13. Evidence, both written and oral,was mbmhted for and aping the project. Swaim 4. The record of the Marta on November 5, 1992 infanta the (a) The ahjm property is bad at the southwestern cora ottani Avenue and Main Sues and contains approaimatdy 1,113 square Ter. The popery Ms approximately 75 tea of towage on Main Snag and is generally Oar and rectangular. Main Street and Can/Avenue are developed to thet ultimate rights-of-way of lighty feet(*Oland shay toe(60'),respectively. (b) The property only contains an edging regaunm with a armaly valid alcoholic beverage Ems for anile general liquor which opens during the following ham: 1190 em.to 1:00 a.n.Monday Armagh Ssi dy 9:00 to to 1190 pa,Sunday. (c) The subject property's aamning lard use and aiming eliminations we u alloy: NORTH Fainting resumed i Senior Commercial(C-1)Zan SOUTH A EAST Commercial mat trainmen In the Service Carnrohl (C-1)Zose WEST Grua Brethren Gash in the Rrdaaag High Dadty (PAD)Fain (d) The adjoin properly has previously received the fo0owing approvals tan Ike Planning Commiesico: aa.ew I Maim.emisauds jeree U... (I) Variance 1344 be the proves of freer in the'squired new of elite pukka an. Q) Caaaia Use Pewit 1944 6 ase bee ad m Si.a eajorsios with a diamu sawn lad to Old Tows Was ad Owers (3) Cenditttioeal Use Pru1122-M to permit aha aultki seed Ms aloW deacons teiwnd apptead hasty 1913. (q Wilma 249 for to pwiia of fewer thea the.grkd maks timate pend Tea Is cnjaaia with a sew anal. (3) Conitoat Use Pemb 249 far as awash general iquorales a ajuraiee%Ws a new mann. (a) The Department MDerdoptaa Services den the praprty to w all peaking requitals'of the00Cptg (f) The Seal Bach Po5a Depaead tented the mppleatim for CUP No. 92.33.d reports that it has so mention nprding the proposed edraiaaena ate. (S) The City tadnd thin emaits apace to to waken ofthe Soria on CUP No.9243: two(2)opposed to the application(one written and one prepaid on(I) written tampons*a favor tithe application. No wrmrds were remind from the Oram Brat=Chun* although the minister MSU chat did sate his oppoitioe b a*raw application(e modification of CUP No.924 to ad the tan Mopeuion tit the Sousa OM) heard by the Palming Commission on the same evening u to prow appliation (h) huff inspected aim maim property m October 29,1992,ad fad that the appkae hr compos&with a9 coration&approval otCUP No.249. (I) The subject pro,sty a located ovr ISO fast from the eeau taidedial man (k) Non+mplifid at is norm*quina than mess sums&Mick are pamitted by right under do Citye zoning ordinate. Both live manna and stereo music are required to abide by the City's noise aattdadt but eufaoemd&noise marina on artnuimmd cake Is aided by the mondialos use permit requirement for much eases which permits to imposition ofappropriae chine loos&approval and,ifappropriaa,the aced=of mdi a perm,if noise violation owe. (I) Pepam Resat lea LS.ants restaurant tau*mdim,W oda and has no history ofammdimy donde for poke, does or of mimics wmpaba from mighborina reida. Ssukthl Band upon the has mdaind in the reread,Sodom those aurid In (4&this neckties,and pant to(d 29.2393 and 242304 of the Cy.);Ata the Planing Cwimiaioe baby finds as Morn: (a) CUP No.92-13 is wnaisued with the prowiau of t4 fad Use Elms tithe Chyli Oeral Mao which provide ranks mmaoiC detgnatice 9w the subject property and permits entertain cafes subject to the aerarc.ota Ce t:dorW Un Pewit. The use a also emeioad with the teaking Seats ofthe Cat's Gaal Plane the policies it tense&...az an consistent with.ad Shawl S.t&Sad Us Eanut Aeeadayy,the proposed use a cen:dan win the Gant Mea (l) The&Mdira and prepaty at 143 Main Sar an adequate I ter,.hips bpoarephy and location to meet the needs treed by the proposed use&the property. *Map • • l Irl tom*n-n (c) Required adhaeee to apyiabla buildng mid S.cede ears then will be depart water apply ed tmaiga bat theprepaida (i A.amdida.d Idl%wen/ofwepifit4 Ice starurts r the the wil beb.l tla pl tit sr Mak aa.fry ata.w w e mway b postal r a rtwill. be weipMaheod SCga sued upon the bnpcp.th.Plwinp Coat=banby approve Condition d Us Permit 92-3,subject to Y.following mwdider: 1. CUP No.92-13 i rd so Mode Tahvtidd br the eaabrWeet deo a+.ruiomed eek reviews fro wpiiad sunuieom by a tingle eneidan r 143 Main Saes. 2. CUP No.92-13 it msaumAmDle. Variance No. 3. The App remains bowedy h eoafoies SCUP No.299 eod 4. The Applicant rel as pewit*girl or decks a tat subject popaq. 3. The Planting Cadd men rare the tight to swan entertahmeent privileges eia a any time pursuant to a noticed public baring for violation of Jere wdioae s of the Ceds.stibgrgysfissagach.et,i the absence of a MaWioa of that coeitiore.If the Commission deet the mace tuck privileges to be incompatible fib the aeghborhod. 6. Ag a teruimmmt dui comply with the noise requirements is bah in Chapter II3a Dry hod of the in ef! l dthan agvWiae owu u are berealter7. This CUP is subject to the GO action on proposed rats Ten Anrdment 92-2 and the conditional approval herein shell coda no exemption from the provisions of any sAmguedy meed adlsae governing Ne esmblidrrt and mutein of entenainmeni afa. t. The Aram thug comply with all reurinim placed on he licrae from • the California DeWtmen of Alcoholic Beverage Control(ABC). • ConditiQu'for 9.iThe �shag ign and ram to the City an'Acceptance or provide the City with evidence satisfactory to the Department of Development Services the the operation dm etauimru cafe does not violate any condition olds ABC license Mod for ilia property. 10. 6aauiraws deg begin no swim than 7:09 peaand roll end no Won than 11:00 pea 11. The Applicant tall pracantly display the conditions dammed of 12-. CUP elfin the resauamY bare and dining areas.it one or more bemiar aaaepuble to d. Dinars of Development Srvic.0 12. This ConitiaW Use Permit shag not beans effective for eery peptise Waa to Acceptance ettort66m'lam(condition 9 above)has beet caned by de Applicant ad property owe.dined before a nary or a Cay staff member abject a pope 'denigration,and raced to the Department or Development Service.and esti the leo(10)day appal paid has limed. 13. A new Confide&Use Perth br to one mmempWd bean the be required Me,any of the Mowing oaar. (a) a tender of majority owaerhip ofde business; seer erro•..a.a.tra. (b) lie aaubfshori prelate aaodiy wry OS armed emetics of ppraer a (e) alae beedaaaial dna Y W modes thenar ado operations of W omhoehme t. N. TYam dtNs peak Si be by(4)nS Dom W ds Wt avuimeat kilns a the subject prepaty. At W ad of W Ib rawt6 am lobi pad4 W Appian any apply b a ithaoah atria&CUP No.92.13. lie Commission sty Ram such a etsbaal.Wanda provided dl aeydar&pprovd ben be as and a o unonlinary darrond for bw enfacserin maims oasts with sups*le the Mime abs ip4Zam pm oblasista sib oa amiarads.r are If ash in iptit�'a anion is approval,the Applaud may this apply for a twdtw.orth Wanda;ad diafor a thud,Wanks alogia ofCUP No.92.13 Wee 1L standards of W PAP tithe fir°Sar( Bag and tbe standards oldie edition foe W became ofthe b[al,eiWtaonh mtaion IS. Da Appian aha indemnify,defend W ago brinks W City diad B each,b arson spats and employes(edlniWy,2.h City)from W spirt arty end el kitty a apse,whatsoever oauring or ordans to parsons a property for damage,bodily iijay a lath airing at da b connection with the lame Meir approval a the amnia d the rights awning for this approval,and shall specifically Include,without indssdaq all d amps s to a daime,lawsuits a.mats attains from,the issuance ofthis approval. Applicant's*Wisdom to Ser, ,defend and save hangs the City SI include W as be kited to,deface core and fees taund by kph earned ofthe Ciya choke. PASSED,APPROVED AND ADOPTED by the Plying Carlin tithe City of Sol Bach at a mud%threof hid on the lith day ofNovember 1992 by the following woe: AYES: Caaidosa Fit Shaw Dahlman Law NOES:Camidesa — ABSENT:Commissioners Or ni Phillip FY' Planai% Antacids,Secretary SecretaCommission .as December 8, 1993 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: Conditional Use Permit 92-13 Four Month Review-Entertainment Permit 143 Main Street (Papillon Restaurant) Conditional Use Permit 92-20 Twelve Month Review-Alcohol-Related Land Use 148 Main Street (John's Food King) GENERAL DESCRIPTIONS Conditional Use Permit 92-13 Applicant: NATrx TAHVILIWU Owner: Doaonlr M.Nrscinn Location: 143 MAGI Snurr C!assirication of Property: SmtvlcE COMMERCIAL ZONE,(C-1) Request EIDIrt(8)MONTI REVIEW OFnIr OPERATOR OF AN IUDERTADA€NT CAFE IN CONJUNCTION WTr1I AN EXISTING RESTAURANT AT 143 MAW STREET,SEAT, BEAD I(PAPILLON RESTAURANT).TI IE ENTERTAINMENT IS A SINGLE MUSICIAN (PIANIST,VIOLINIST,GUITARIST OR TWIST)DURPIO THE DINNER HOUR. Environmental Review: Ti us PROJECT is CwTCeo,:cw.v ExGrvr FROM CEQA REVIEW. Code Sections: 28-1300(7)(1);28-2503;28-2504 '1 Recommendation: STAFF RECOMMENDS APPROVAL OF A TWELVE(12) AOWn I EXTENSION FOR CONDmONAL Un PERMrr 92-13,suumcr to llm mesmora ORIGmnuy l IMPOSED,THROUGH TUE ADOFTON of RESOLUTION No.93- cae®cm 1,41 1'+.. eew�.�. .--.�__- -.�•....+-..ems+++•spew....... Planning Commission Staff Report Conditional Use Pamir 9'-1.3,@ Conditional Use Farms!92.20 December& 1993 conditional lice Permit 92-20 Applicant T,maxim M.S'rnrnao Owner: Doaoi w M.Nrsanx Location: 148 MAIN Sinrn Classification of Property: SERVILE Coioncw.ZONE,(C-1) Request: TWELVE-MONTH REVIEW AND INDEFINITE EXTENSION OF AN ALCOHOL-RELATED LAND USE ENTITLEMENT AT 148 MAIN STREET(JOIIN'S FOOD KING).SPECIFICALLY,111E ENTITLEMENT PERMITS THE SALE OF DEER AND WINE FOR OTT-PREMISES CONSUMPTION.Ti IE PLANNING COMMISSION WILL ALSO REVIEW THE PARKING LOT SHARED WITH PAPILLON RESTAURANT. Environmental Review: Ti OS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: 28-1300;28-2503;28-2504 Recommendation: STAFF RECOMMENDS APPROVAL OF AN INDEFINUE DCTENSION FOR CONDmoNAL USE PERMIT 92-20,SUBJECT To THE ONNDmoNs ORIGINALLY IMPOSED,n@oUGH n B ADOPTION OF RESOL V ZION No.93- FACTS D On June 9, 1993 the Planning Commission approved an eight (8) month extension of CUP 92-13 allowing an entertainment cafe at 143 Main Street (Papillon Restaurant). D On January 20, 1993 the Planning Commission approved CUP 92-20 permitting an alcohol-related land use at 148 Main Street(John's Food King). --- ------D Through its approval of the above requests the Commission requested staff schedule the- ---- -- required review hearings together to consider the approved variance for shared parking in the lot adjacent to Papillon restaurant. D William Steams, Chief of Police, reviewed the initial requests and had no concerns about the proposed entertainment or alcohol-related land use. D Additional facts pertaining to the two(2) sites are attached with the original staff reports. Page 2 • _ .. .. ..,...vwmawahesRv.f-wr9.--s- ,AY..----- Planning Commission StalrReport Conditional Vac/'coni!92-13.e Conditional Use Pemut 92.20 December R. /993 [BACKGROUND Since the date of the Commission's last action on these matters, staff has received no complaints regarding either the entertainment at Papillon's or the alcohol-related land use at John's. As the Commission may recall,John's Food King has sold beer and wine for off-premises consumption for a number of years, but CUP 92-20 is the market's first conditioned approval from the City. John's applied for CUP 92-20 as a result of City Ordinance 1348. Staff has inspected Papillon's on numerous occasions over the past eight (8) months. On each occasion all conditions of approval have been met. Staff inspected John's Food King on December 1, 1993, and found the market is complying with al! conditions of approval. The Police Department has indicated it has received no complaints regarding entertainment at Papillon's Restaurant nor has it received complaints regarding John's Food King, and has no concerns regarding the requested extensions. SHARED PARKING LOT �•• At its January 20, 1993 meeting the Planning Commission, while approving the alcohol-related land use at John's Food King, requested staff schedule both CUP 92-13 (Papillon's) and CUP 92-20(John's)together to discuss the shared use parking lot. Over the past three(3)months staff has been conducting a usage survey of the shared use parking lot. Staff has surveyed the lot on forty-five(45)occasions over fourteen (14) days, all between Monday and Friday. The results of this survey are included as Attachment A. The maximum usage of the shared use parking lot during the survey occasions was 68.4% occupied at 6:15 P.M., Wednesday, September 22, 1993. The mean occupancy for the 45 samples is 33.2%. While the survey was not conducted on either Saturdays or Sundays, staff believes the survey adequately reflects the current parking situation in the shared use parking lot. Staffs belief is based on the fact the survey was conducted on each weekday, including Fridays and early Friday evenings which traditionally has as heavy a demand for parking as any other period. The survey was conducted at an periods during the daiwhen either of the establishments is open for business, including early evening(6:00-8:00 P.M.)when staff believes the greatest overlap of use occurs. Staff would normally recommend an additional review period for both uses to perform a longer, more detailed parking lot survey. However, the City will hire a consultant on December 13, 1993, who will develop a specific plan for the Main Street area which will take into account the area's t parking situation and attempt to resolve any deficiencies. As the specific plan preparation will consider this shared parking situation,among other factors, staff believes further survey by staff w"' - would be redundant. • ,. ao.mocc.. Page 3 • _ Planning Commission Sb?Report Conditional Use Pemtil 92-13&Conditional Use Penn it 92-20 December 8, 1993 Additionally, as Papillon's is currently a participant in the City's interim in-lieu parking program, it will be required to participate in future fee programs to offset insufficient parking as they arise. [RECOMMENDATION Staff recommends the Planning Commission,after considering all relevant testimony,written or other,provided during the public hearing approve a twelve(12)month extension for Conditional Use Permit 92-13 and an indefinite extension of Conditional Use Permit 92-20. Staffs recommendation is based upon the following findings: > Staff inspected the restaurant at 143 Main Street on numerous occasions during the current eight (8) month review period and found the subject property to be abiding by all conditions of approval of CUP 92-13 as set forth in City Council Resolution No. 4197. > Staff inspected the market at 148 Main Street on December 1, 1993 and found the subject property to be abiding by all conditions of approval of CUP 92-20. > The granting of a twelve(12)month extension of CUP 92-13 is consistent with the provisions of the General Plan which indicate the subject property is to be used for service commercial purposes, which include entertainment cafes as a conditionally approved use. > The granting of an indefinite extension of CUP 92-20 is consistent with the provisions of the General Plan which indicate the subject property is to be used for service commercial purposes,which includes alcohol-related land uses as a conditionally approved use. > The building and property at 143 Main Street are adequate in size, shape, topography and location to meet the needs of the existing use of the property. > The building and property at 148 Main Street are adequate in size, shape, topography and location to meet the needs of the existing use of the property. > Required adherence to applicable building and fire codes ensure there will be adequate -- --. water supply and utilities for the proposed uses -- ------- -- --- > The continuation of the use of the subject property at 143 Main Street as a restaurant serving beer,wine and distilled spirits on the premises with a single, non-amplified entertainer is compatible with the intended character of the Main Street area. Adherence 1 to the conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential properties. _. Page4 - • Panning Commission Sla?&port Condition/Usc Pemrir 92-/.?&Conditions/Use Penni!92-20 • December 8, /993 2- The continuation of the use of the subject property at 148 Main Street as a grocery market serving beer and wine for off-premises consumption is compatible with the intended character of the Main Street area. Adherence to the conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential properties. The Seal Beach Police Department has reviewed the existing records of the restaurant and the market and has no reservations regarding the requested extension of either conditional use permit. Staff recommends the Planning Commission approve the requested extensions subject to he following conditions: CUP 92-13: 7. CUP #92-13 is approved for the establishment of an entertainment cafe providing non-amplified entertainment by no more than a single musician at 143 Main Street. The requirement for non-amplification shall not preclude use by the entertainer of a high quality, unidirectional microphone so utilized as to primarily pick up the entertainers voice. The instruments shall be one of the following category of acoustical instruments: guitar; harp; piano or violin. 2. The applicant remains bound by the conditions of CUP No. 249 and Variance No. 2-89, 3. The Applicant shall not permit singing or dancing by patrons on the subject property. 4. The City reserves the right to revoke entertainment privileges at any time pursuant to a noticed public hearing before the Planning Commission for any violation of these conditions or of the Code of the City of Seal Beach, or, in the absence of a violation of these conditions, if the Commission or Council, upon appeal, deems the exercise of such privileges to be incompatible with the neighborhood.. 5. All entertainment shall comply with the noise requirements set forth in Chapter 13-D of the Code of the City of Seal Beach, as those regulations now exist or are hereafter amended. 6. This CUP is subject to the City's action on a future zoning text amendment regarding entertainment cafes and the conditional approval herein shall confer no exemption from the provisions of any subsequently enacted ordinance governing the establishment and maintenance of entertainment cafes, even if such ordinance prohibits entertainment at the subject property, permitany a.; .. - P p y,in which case this shall be rendered null and void and • entertainment on the site shall cease upon the effective date of any such ordinance: r i, 7. The applicant shall comply with all restrictions placed on its license from the California Department of Alcoholic Beverage Control(ABC). -- -• Page 5 =b^rF"' /1^-`ae.-•e;rs�-•esew'wa. r • Planning Commission Staff Report Conditional Use Permit 92-13&Conditional Use Pema}92-20 December B, 1993 8. The Applicant shall sign and return to the City an"Acceptance of Conditions" form and provide the City with evidence satisfactory to the Department of Development Services that the operation of an entertainment cafe does not violate any condition of the ABC license issued for this property. 9. Entertainment shall begin no earlier than 7:00 P.M. and shall end no later than I1:00 P.M. 10. The applicant shall prominently display the conditions of approval of this CUP within the restaurant's lounge and dining areas, in one or more locations acceptable to the Director of Development Services. 11. This Conditional Use Permit shall not become effective for any purpose unless the "Acceptance of Conditions"form(Condition 8 above)has been signed by the Applicant and property owner, signed before a notary or a City staff member subject to proper identification,and returned to the Department of Development Services;until the ten(10) day appeal period has elapsed;and,until the applicant pays a fee to offset all City costs incurred in the processing of this requested extension including but not limited to staff report preparation,one-half of parking survey costs, and costs associated with the actual public hearing.The City will provide the applicant with an itemized invoice upon completion of the public hearing.The applicant shall pay all fees with fourteen(14)days of his receipt of the invoice. 12. A new Conditional Use Permit for the use contemplated herein shall be required when any of the following occur: (a) The establishment proposes to modify any of its current conditions of approval;or (b) There is a substantial change in the mode or character of operations of the establishment. • 13. The term of this permit shall be for twelve(12)months,after which time the Commission shall review the use and may indefinitely extend it provided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occurs with _ ____ _ —" — — respect to the subject properly,or other signiticarit probfems`associaTed with the' entertainment use arise. 14. The Applicant shall indemnify, defend and save harmless the City of Seal Beach, its officers,agents and employees(collectively,"the City")from and against any and all liability or expense,whatsoever occurring or resulting to persons or property for damage, bodily injury or death arising out of or in connection with the issuance of this approval or the exercise of the rights accruing from this approval,and shall specifically include, . without limitation, all.challenges to,or claims,lawsuits or actions arising from,the issuance of this approval. Applicant's obligation to indemnify,defend and save harmless Page 6 • Planning Commission Stall-Report Conditional Usc Pcmtir 92-13 to Conditional Use Permit 92.20 Dcccmbcr R, /997 • the City shall include, but not be limited to, defense costs and fees incurred by legal counsel of the City's choice. CUP 92-20: 1. CUP #92-20 is approved for an alcohol-related land use entitlement at 148 Main Street (John's Food King). Specifically, the entitlement permits the sale of beer and wine for off-premises consumption. 2. The applicant shall comply with all restrictions placed upon the license by the State of California Department of Alcoholic Beverage Control. 3. The applicant shall furnish the City a copy of his current ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control. 4. The hours of operation shall be 6:00 A.M. to 2:00 A.M. 5. No video games or similar amusements shall be permitted on the premises. 6. No lighted signs advertising alcoholic beverages shall be placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the window areas. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. 7. The applicant will prominently display these conditions of approval within the business's customer area that is acceptable to the Director of Development Services. 8. 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 Development Services, or notarized and returned to the Planning Department; and until the ten (10)day appeal period has elapsed. • ------- • - - 9. - --A modification of Conditional Use Permit shall be obtained when: --- ' -- -- - (a) The establishment proposes to change its type of liquor license. (b) The establishment proposes to modify any of it's current conditions of r.y; approval. (d) There is a substantial change in the mode or character of operations of the ':-a establishment. i"; - A . , . Page 7 Planning Comnoasian Slal7Report Conditions!Usc Penult 92-13 fi Conditional Use Pamir 92-20 December 8, 1993 10. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach, occurs,or for those reasons specified by Article 28, and in the manner specified in Article 25, Code of the City of Seal Beach. 11. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding residential or commercial areas. A lighting plan shall be provided, subject to review and approval by the Director of Development Services, which promotes minimal disturbance to nearby residences. 12. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended,under the procedures of the City's municipal Code,to require the provision of additional security measures. 13. The establishment shall be required to have a public telephone listing. 14. It shall be the responsibility of the applicant/licensee to provide all employees who sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons,driving under the influence,hours of legal operations and penalties for violations of these laws. b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill,or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. _ c) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d) Methods for dealing with intoxicated customers and recognizing underage customers. The following organizations have been identified by the State Department of Alcoholic - Beverage Control as providing training programs which comply with the above criteria:.. (I) Department of Alcoholic Beverage Control LEAD. Program. .. .:. . Page 8 I �....��at-__ ..-,.ter.:4 N',Ir se:--::.. Planning Commission Ste?Report Conditional Use Penni192.1J&Cond conal Use Pamir 92-20 December 8. 1993 Telephone: (714) 558-6482 (2) Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D. or T.I.P.S. Program. Telephone: (714) 568-4187 15. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 16. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit 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 antisocial behavior, including but not limited to the congregation of minors,violence, public drunkenness,vandalism, solicitation and/or litter. 17. This Conditional Use Permit shall become null and void unless exercised within one(I) 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. 18. Off-sale liquor establishments shall not sell or store gasoline or diesel fuels on the same premises as alcoholic beverages, subject to approval of a Conditional Use Permit. 19. The sale of alcoholic beverages for consumption on premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises that drinking of alcoholic beverages on the premises is prohibited by law. The premises sha0 include the licensed premises proper;appurtenant and required parking areas, and appurtenant common areas if located in a commercial center. 20. There shall be no banner advertising of commodities on the outside of the building except that special community events may be advertised by banners, pursuant to the provisions of } the zoning ordinance.John's Food King newspaper advertisements,which may or may not -. include advertisements for alcoholic beverages, may be displayed in the building's existing outside glass advertising cases FOR: December 8 1993 4 _ Page 9 � _ 14`-',.>;;:a:/44 ,---;---"..; f Z .w°t ,‘,.-.:4..,.......'. ..c94.4.;:,...... - s ,Y ,_ tea, � a3Pr� E+s ♦ r ,r, Planning Commission$ulTRcport Conditiotul Use Pamit 92-13&Conditional Use Petmit 92-20 December 8, /993 / e Barry C. • nis Lee Whittenberg Administrative Assistant(Planning) Director Department of Development Services Department of Development Services ATTACHMENTS (7) Attachment I: Results of shared parking lot survey. Attachment 2: Code sections. Attachment 3: Planning Commission staff report on CUP 92-13 dated 11/4/92. Attachment 4: Planning Commission staff report on CUP 92-20 dated 1/6/93. Attachment 5: Planning Commission Resolution 93-33. Attachment 6: Planning Commission Resolution 92-62. Attachment 7: City Council Resolution 4209. Page 10 - - +t A-{ n .4: a• wqi`.� sS k -irz.� •:.-�!c .�p,c ies'ae ., . Ct 4' yEy t is =rZ �'Ra Planning Commission Staff Report Conditional Use Pamir 92-1?S Conditional Use Pcnnil 92-20 December 8 1993 ATTACHMENT 1 CUP 92-13 & 92-20 PARKING ANALYSIS DATE TIME 4 OCCUPIED % OCCUPIED 09-22-93 6:15 PM 13 68.4 " 9:20 PM 7 36.8 09.23-93 2:30 PM 8 42.1 " 4:15 PM 7 36.8 09-24-93 10:30 AM 5 26.3 11:15 AM 8 42.1 ' 12:30 PM 3 15.8 II 1:30 PM 6 31.6 2:30 PM 7 36.8 " 3:30 PM 2 10.5 " 4:30 PM 5 26.3 09-27-93 12:30 PM 5 26.3 " 5:30 PM 5 26.3 " 6:30 PM 12 63.2 " 8:00 PM 12 63.2 " 10:15 PM 3 15.8 09-28-93 8:15 AM 0 0.0 11:00 AM 5 26.3 11:30 AM 5 26.3 • 1:00 PM 5 26.3 • 2:00 PM 7 36.8 • 3:00 PM 7 36.8 " 4:00 PM 3 15.8 5:00 PM 9 47.4 09-29-93 10:15 AM 5 26.3 11:30 AM 10 52.6 10-01-93 10:30 AM 3 15.8 11:15 AM 4 21.1 1:00 PM 7 36.8 2:30 PM 7 36.8 alma-nn Page I 1 1 Planning Commission SmflR.pon Conditional Use Permit 92-13 at Conditional Use Permit 92-20 December 3, /993 DATE TIME # OCCUPIED % OCCUPIED 10-25-93 6:00 PM 6 31.6 " 9:15 PM 7 36.8 10-27-93 7:00 PM 11 57.9 10-28-93 3:00 PM 5 26.3 5:30 PM 8 42.1 10-29-93 6:00 PM 8 42.1 11-03-93 5:15 PM 10 52.6 10:00 PM 10 52.6 11-04-93 3:15 PM 3 15.8 5:15 PM 8 42.1 11-05-93 8:15 AM 1 5.2 10:15 AM 4 21.1 12:15 PM 9 47.4 2:15 PM 6 31.6 4:15 PM 3 15.8 Iad..�aa. Page 12 1 Planning Commission StaffRcport Conditional Use Pcnnir 92-13&Conditional Use Pennir 92-20 December R. 1993 ATTACHMENT 2 CODE SECTIONS Section 28-1300. Permit Uses. In the C-I Zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this article: ... (5) Restaurant (not including drive-in restaurants); ... (7) Following uses subject to issuance of a Conditional Use Permit: (a) On-sale and off-sale liquor establishments; (i) Entertainment Cafes. Section 28-2503. Conditional Use Permits May Be Granted. The Planning Commission may grant a conditional use permit in the case of an application for a use which is required to be reviewed and conditioned prior to approval so as to insure compatibility with surrounding uses and the community in general and the General Plan. Section 28-2504. Purpose Of Conditional Use Permit. The purpose of conditional use permit shall be to insure proposed uses are compatible with surrounding uses and not detrimental to the neighborhood. • • • • ..moa. Page 13 ATTACHMENT 3 November 4, 1992 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: Conditional Use Permit 92-13 143 Main Street GENERAL DESCRIPTION ADDIICant'1 NADERTAIIVIIDARI Owner: DOROTIIY M.NESCIIER Location: 143 SLAIN STREET Classification of Property: SERVICE COMMERCIAL ZONE,(C-I) Request: ToE.SrADLISI I AN ENTERTAINMENT CAFE IN CONJUNCTION WITII AN EXISTING RESFAITANT AT 143 MAIN STREET(PAPILLON RESTAIrRANT). TIIE APPLICANT IS REQUESTING TO PROVIDE A SINGLE, NON-AMPLIFIED MUSICIAN(PIANIST,VIOLINIST OR HARPIST)DURING THE BUSINESS HOURS. Environmental Review: Tills PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. SECTION 15301,CLASS 1 AND CLASS 5. Code Sections: 28-1300;28-2503;28-25 • 04 Recommendation: STAFF RECOMMENDS APPROVAL OF CONDITIONAL USE PERMIT 92-13, SUBJECT TO CONDITIONS. tYMI IONXCIC1ASRl1'13 BCC hi Stall Report CUP 92.11 November 4, 1992 FACTS - On September 9, 1992, Nader Tahvildari filed an application for CUP 92-13 with the Department of Development Services. 5.- The applicant is requesting to establish an entertainment cafe in conjunction with an existing restaurant at 143 Main Street (Papillon Restaurant). The applicant is requesting to provide a single, non-amplified musician (pianist, violinist or harpist) during the business hours. The subject property contains approximately 8,813 square feet and is located at the southwesterly corner of Central Avenue and Main Street (143 Main Street). > The subject property has approximately 75 feet of frontage on Main Street. > The subject property contains an existing restaurant with currently valid alcoholic beverage licenses for on-sale general liquor. The subject property has received the following approvals from the Planning Commission: ✓ Variance 15-84 for the provision of less than the required on-site parking. ✓ Conditional Use Permit 19-84 for on-sale beer and wine in conjunction with the delicatessen restaurant and issued to Old Town Wine and Gourmet. ✓ Conditional Use Permit 22-84 to permit the establishment of a take-out restaurant (deli)at 143 Main Street (approved January 1985). ✓ Variance 2-89 the provision of less than the required on-site parking in conjunction with a new restaurant. ✓ Conditional Use Permit 2-89 for an on-sale general liquor license in conjunction with a new restaurant. The surrounding land use and zoning are as follows: NORTH Existing restaurant in the Service Commercial (C-1)Zone. SOUTH &EAST Commercial retail business in the Service Commercial (C-I) Zone. cwoom amcu son.t, sect. Page 2 Start Repon CUP92-13 November 4,1992 WEST Grace Brethren Church in the Residential High Density (RHD)Zone. Y Main Street and Central Avenue are primary streets developed to their ultimate right-of-way of 80 feet and 60 feet respectively. The subject property is considered to meet all parking requirements through a mixture of on-site parking spaces, in-lieu parking spaces and grandfathered spaces. That the applicant's existing hours of operation are: 11:00 a.m. to 1:00 a.m.,Monday through Saturday 9:00 a.m. to 9:00 p.m., Sunday > William Stearns, Chief of Police, has reviewed the proposal and existing records, and has no reservations about allowing the proposed entertainment cafe. > The Department of Development Services has received three comments in regard to the mailed and posted notice for CUP 92-13: two (2)opposed to the proposed use(one written and on verbal)and one(I)in favor of the proposal (written). Applicant's Statement: See attached application. (DISCUSSION The applicant is proposing to establish an entertainment cafe in conjunction with an existing restaurant at 143 Main Street. The applicant proposes to have either a pianist, harpist or violinist playing in the restaurant. The proposed entertainment would be non-amplified and would be performed five(5)days per week on average. The applicant is proposing to provided entertainment from 7-8:00 in the evening until 12:30 a.m. Should the Commission approve this request, staff recommends that entertainment terminate at 11:00 or 11:30 p.m. Staff believes these hours more closely coincide with normal dining hours, and that entertainment after 11:00 or 11:30 would likely be only lounge entertainment. Should ------ _- the Commission approve this request,staff recommends the hours of entertainment be ----- reconsidered in conjunction the four(4)month or twelve(12)month review. The proposed entertainment is not considered by staff to be an intensification of use, but rather an accessory use to the existing restaurant and lounge. Additionally, the proposed entertainment should have little affect on the restaurant's shared parking with John'Food King, as the operating hours of the store will only overlap the hours of entertairment by 1 to 2 hours. ewurtonaemnsay.n Icer Page 3 Stag Report CUP 92-13 Norcmber 4,1992 In and of itself, staff believes the applicant's proposal is appropriate for the Main Street area. Staffs belief is based on the following: J The subject property is located over 100 feet from the nearest residential structure. ✓ Non-amplified music, as proposed, is normally quieter than stereo systems which are permitted by right. In either case,the establishment must abide by the City's noise standards. However, an entertainment cafe providing live music is easier to regulate and enforce than a stereo system due to the fact that an entertainment cafe is governed by the CLIP process and as such is under the threat of revocation of the entertainment license. ✓ Papillon Restaurant is a full-service restaurant featuring continental cuisine and has no history of police-related problems or nuisance complaints from residents. J If properly conditioned and regulated by the Planning Commission, non-amplified, live entertainment at the site will not be detrimental to the surrounding neighborhood. ENTERTAINMENT CAFES However, in July 1991 Commissioner Orsini requested that the City's zoning ordinance be amended to prohibit entertainment cafes on all properties adjacent to residential uses. In June of this year staff presented the Commission with a proposed Zoning Text Amendment (ZTA 92-2) which would ban entertainment cafes in the C-1 zone, which inch-des all of Main Street, as directed by the Commission. At the June 3, 1992,Planning Commission (minute excerpt enclosed)meeting several of the Commissioners seemed opposed to a blanket banning of all forms or entertainment, with Commissioners Dahlman, Sharp and Fife all indicating that soft forms of entertainment such as a pianist,guitar player or poetry reading may be acceptable. ZTA 92-2 was ultimately continued to the Commission's July I5th meeting but has not been reheard pending completion of a companion -- - - item concerning special activity entertainment permits by the City Manager's office. Staff drafted proposed ZTA 92-2 at the direction of the Planning Commission and City Council. However, staff opposes the blanket banning of all forms of entertainment along Main Street. Staff believes that requests for entertainment should be evaluated on a case-by-case basis, where each proposal is considered on its own merits. Staff feels that, if properly conditioned and enforced, non-amplified music can be a positive impact on Main Street without causing negative impacts to surrounding land uses. CW 1flO. WMSIn-I] WCbe Page 4 Staff Report CUP 92-13 November 0,1992 Staff believes the proposal before the Commission at this time would not negatively impact the surrounding residential uses if the following conditions were in place: No more than one entertainer. J No singing by patrons. J No amplified music. J MI doors shall remain closed at all times when music is being performed. J The Commission shall reserve the tight to revoke entertainment privileges at any time,pursuant to a noticed public hearing. J The use shall be reviewed by the Planning Commission after 4 months, 12 months and 24 months. J That any violation of the conditions of approval result in an automatic two week suspension of entertainment privileges,a second violation within a year result in a one month suspension and a third violation in a year result in a revocation of entertainment privileges. Should the Commission approve this request, staff will include the normal conditions of approval (i.e. permitted hours of entertainment,etc.)along with the specific conditions listed above. (RECOMMENDATION I Staff recommends the Planning Commission consider all relevant testimony, both written and oral, presented during the public hearing on CUP 92-13 then either: 1. Conditionally approve this request; 2. Table this request pending the ultimate decision on ZTA 92-2. If ZTA 92-2 prohibits any form or entertainment on Main Street, this request would be denied. However, under this scenario the Commission must take action on CUP 92-13 no later than its March 3, 1993, meeting or the application would be automatically deemed approved; or 3. Due to the abovedescribed time constraints, should the Commission choose to ... _._.. . table this request pending the outcome of ZTA 92-2, staff would recommend that _.._ the Commission deny CUP 92-13 without prejudice and waive the re-application fee to the applicant. This would accomplish the same as tabling the request, but would remove the time constraints. Staff believes this request could have a positive effect on the Main Street area without negative impacts on surrounding residential uses. Were it not for the pending ZTA 92-2 staff would recommend approval of this request. CVMlflDNCS(NS4M.l3 ICC!. Page 5 Staff Report CUP 92-13 November 4, 1992 Staff believes the proposed entertainment can be properly conditioned and enforced to prevent any negative impacts. The Commission can reconsider this matter at any time and revoke the permit at any time. Additionally, contrary to the belief of some, staff is actively involved in enforcement of the Code,with over 150 cases currently active. Code enforcement is conducted on a complaint basis and any problems caused by the proposed use would likely be immediately reported to staff due to the extreme focus on this matter. Staff will prepare a resolution for Commission consideration based upon the Commission's action. Fe . ovember 4, 1992 / r . . % / ,./ Ba C. Canis / L Whittenberg Administrative Assistant L"Director Department of Development Services Department of Development Services Attachments: (4) 1. Code Sections 2. Application 3. June 3, 1992 P.C. minute excerpt. • 4. Memr to Planning Commission from N. Tahvildari, applicant. 5. Letter in opposition from G. Brown dated 10-23-92. 6. Note in favor from Mrs. R. McGuire undated. 7. Plans CwlfOa CPCUPSen.l) YC4 Page 6 CUP 98-18,Planning Cowwinian Staff Report. 143 Main Sneer-Henneny''s Tavern December 9, 1998 ATTACHMENT 7 PROPOSED INTERIOR REMODEL PLAN- 143 MAIN STREET Stair Page 26 98-18 Sta Report-Hewesseyq 103 Main Stmt U ) CUP 98-18,Planning Camdda SWffReparf 143 Main Street-Hennsy,Tavern December 9, 1998 ATTACHMENT 8 PREVIOUSLY APPROVED INTERIOR FLOOR PLAN- 143 MAIN STREET 98-18 Staff Page 27 Report-71e�s, 117 Main Street .:I try-,� 3- .'tq+ y., -: pr,.�. } At -�Y * '- '31 .•.rC. -s'i'^YC �p a ` Rj ti "4 1.1",--:,•-,__••-a. . ..(•}.PY . Teyt. YY, • " '• 11 •, g - 'RI"' `::3 L.. ..4e• ... F T .. x lar< . ' ytvZ \ ,„ }. i F ✓- - ti.�''k n� -1 5 S !' . t c.i.1-s, S le; + •. skit "e'a -s r a5t y, 4'..• .,1�.. c I. �.. ,�.. 'Lt -a mow, r t▪ Stift: a..- * i.. • C` .v.. 7 ` w� 4 4. i yy . I,�t y 1 1 t 'ti'ti '4 ryi . ,� c +tea .•..P.t-s�.. 'vim y k Rl- it aye Fin *r % + a,:it 1 ' a. �• �`�s f5.: .-..r -xs TI RY114,1{11 at ^.>" 4 :;;;Ir. *;e4 ii "r' w, 1 1/4 k 7 • 1 e -,,t2"41:70-1:1"-;)I 111. x yS t , x k +s+ S ji‘ i i j ii- . x ' .yam t� - S-i.,. : f 1 ; .,, }t• 'S .�• i_t a e z 9 i . az;.i '� ,x: '3�` - ;' r1'. C S 7 72 y f ' -• } y� w fy _ +A_f F �k- gge1� i Mw' .1),14.'si c t, 'F. .r t P 2��-t a' fes - 1 ▪ S �# }• v �r $ ' ©,(J /},1 r C ` .• fid ^� • 1 l .v 4‘.I ¢,111 '-�V`a'z �f .ys ti-,41::i ,H�p I :::4,11..' �w v ` 1 gk �1� r It -7 � 1 I s :y f: .4 .:• K £s ~ y d!a q., afar is F i: A x v Z ' I>. +ff�'L 1 �� -!• $ tvty'7 ? ,`£a�a'+ `1'.?• .' is §