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Home My WebLink AboutPC Res 07-58 - 2007-11-07 RESOLUTION NUMBER 07-58 O~/6'h /114 ( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 07-13 FOR A CHANGE IN HOURS OF OPERATION AS PREVIOUSLY APPROVED BY CONDITIONAL USE PERMIT 99-1, AND APPROVING AN ENTERTAINMENT CAFE AT AN EXISTING RESTAURANT AT 3001 OLD RANCH PARKWAY, SEAL BEACH (KOBE JAPANESE STEAKHOUSE). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 12, 2007, Darryl Hahn filed an application for Conditional Use Permit 07-13 with the Depal1ment of Development Services. Section 2. The applicant is requesting approval to change the permitted operating hours to close at 12:00 a.m. nightly, and to permit an ente11ainment cafe, providing live music within the restaurant lounge seven days a week in the evening from 7:00 p.m. until 12:00 a.m. in conjunction with an existing restaUrallt located at 3001 Old RallCh Parkway (Kobe Japanese Steakhouse). Section 3. PUrSUallt to 14 Calif. Code of Regs. 915301, staff has determined as follows: The application for Conditional Use Pennit 07-13 for the requested land llse entitlements at a proposed restaurant is categorically exempt from review pursuant to the Califomia Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on November 7, 2007, to consider the application for Conditional Use Pennit No. 07-13. At the public hearing the Planning Commission received written and oral evidence on the proposed project. Section 5. The record of the public hearing of November 7, 2007 indicates the following: (a) On September 12, 2007, Darryl Hahn filed an application for Conditional Use Permit 07-13 with the Department of Development Services requesting approval to pennit an entertainment cafe at 3001 Old Ranch Parkway (Kobe Japanese Steakhouse ). 10f6 Planning Commission Resolution No. 07-58 Conditional Use Permit 07-13 3001 Old Ranch Parkway (Kobe Japanese Steak House) November 7, 2007 (b) The subject property is located in the Bixby Old Ranch Office Park, located north of the San Diego Freeway (1-405). (c) Sun-ounding land uses and zoning are as follows: NORTH: A flood control channel and single family homes located in Rossmoor, an unincorporated community in the County of Orange. SOUTH: The Beverly Manor reservoir and fire station, separated from the subject property by the San Diego Freeway (1-405). WEST: Office buildings within the Bixby Old Ranch Office Park. EAST: Retail shops located within the General Commercial (C-2) Zone, separated from the subject property by Seal Beach Boulevard. (d) The restaurant use comprises 8,147 square feet and is located on the eastern side of the Bixby Old RallCh Office Park, north of the San Diego Freeway (1-405). Section 6. Based upon the facts contained in the record, including those stated in 95 of this resolution and pursuant to 99 28-1300.G.9 alld 28-2503 of the City's Code, the Planning Commission makes the following findings: (a) CUP No. 07-13 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and pennits entertainment cafes, subject to the issuance of a Conditional Use Pennit. The use as a restaurant 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. (b) The building and property at 3001 Old Ranch Parkway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (c) The provision of four (4) or fewer member live entertainment acts is compatible with the Bixby Old Ranch area. Adherence to 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. (d) The adjacent restaurant (Spaghettini) has provided live entertainment in excess of fifteen years with no substantial adverse impacts or enforcement actions. 20f6 Planning C01l1mission Resolution No. 07-58 Conditional Use Permit 07-13 3001 Old Ranch Parkway (Kobe Japanese Steak House) November 7,2007 (e) The Seal Beach Police Department has reviewed the proposal and does not anticipate any problems, nor do they have any objections to the granting of the entertainment permit. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Pelmit No. 07-13, subject to the following conditions: 1. Conditional Use Permit 07-13 is approved for an entertainment cafe at 3001 Old Ranch Parkway and for new operating hours as follows: Sunday through Thursday from 11 :00 a.m.-l 0:30 p.m. Friday and Saturday from 11 :00 a.m.-12:00 a.m. (midnight) 2. Live entertainment shall be perfonned no more than four (4) days per week, and only between the hours of 7:00 p.m. and 1 0:30 p.m., Sunday through Thursday; and 7:00 p.m. and 12:00 a.m. Friday and Saturday. 3. All construction and tenant improvements shall be in substantial compliance with the plans submitted as a part of the application dated September 12, 2007, unless otherwise revised by the conditions ofthis CUP. 4. All entertainment conducted in accordance with this Conditional Use Pennit shall occur within an enclosed building and not on any patio or exterior area of the restaurant that is not fully enclosed. 5. An alnendment to the ABC permit by the Department of Alcoholic Beverage Control to reflect the Challge in hours of operation and provision oflive entertainment must be made BEFORE the Conditional Use Permit may take effect. 6. Entertainment acts shall consist of no more than four (4) members and the form of entertainment shall be limited to Jazz, Blues, Lounge, Vocal, or Soft Rock type music. Alteration of these standards shall be subject to review and approval by the Planning Commission. 7. All entertainment shall be performed in the restaurant's lounge area. 8. All exterior patio and bar doors and windows shall remain closed at all times when entertainment is being provided. For the purpose of this approval, said doors and windows shall remain closed between the hours of 7:00 p.m. to lO:30 p.m., Sunday through Thursday; and 7:00 p.m. to 12:00 a.m., Friday and Saturday. 9. All exterior glazing located within the lounge area where live music will occur shall be either retrofitted with soundproof glass having a Sound Transmission Class (STC) rating 30f6 Planning Commission Resolution No. 07-58 Conditional Use Permit 07-13 3001 Old Ranch Parkway (Kobe Japanese Steak House) November 7, 2007 of 45 or greater, or demonstrate by means of an acoustical study that the existing glass meets this same STC rating. 10. There shall be no dancing permitted on the premises. 11. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code, 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 this pemlit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 12. In the event that staff detennines security problems exist on the site, the Conditions of this permit may be anlended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 13. Unless otherwise superseded by conditions of this Conditional Use Permit, all existing conditions of CUP 99-1 remain in full effect. 14. A modification ofthis Conditional Use Permit shall be applied for when: a. The establishment proposes to change its type of liquor license b. The establislmlent proposes to modify any of its ClllTent Conditions of Approval. c. There is a substantial change in the mode or character of operations of the establishment. 15. The applicant shall, in a location acceptable to the Director of Development Services, prominently display the above mentioned conditions of approval within the restaurant's lounge area. 16. The Planning Commission reserves the right to revoke or modify this Conditional Use Pemlit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if hann or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but noi limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 17. The tenn of this pennit shaH be 6 months. At the end of the initial telm, the applicant may apply to the City for an extension of Conditional Use Permit 07-13. The Planning Commission may grant an indefinite extension 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 an indefinite pennit. 18. This Conditional Use Pennit shall become null and void unless exercised within 1 year of the date of final approval, or such extension of time as may be granted by the Planning 401'6 Planning Commission Resolution No. 07-58 Conditional Use Permit 07-13 3001 Old Ranch Parkway (Kobe Japanese Steak House) November 7, 2007 Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of 90 days prior to such expiration date. 19. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" fonll has been signed by the appliCallt in the presence of the Director of Development Services, or notarized and retumed to the Planning Department; and until the 10 calendar-day appeal period has elapsed. 20. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firnls, or corporations furnishing or supplying work, services, materials, or supplies in cOlmection with the perfonnance of the use pennitted hereby or the exercise of the rights grallted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights pemlitted by this Conditional Use Pernlit, and from any and all claims and losses occun-ing or resulting to any person, fiml, corporation or property for damage, injury or death arising out of or connected with the perfOlmance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees alld costs incun-ed by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of dal11ages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 21. Failure to comply with any of the conditions of this Conditional Use Permit may result in revocation of the Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Plalll1ing Commission of the City of Seal Beach at a meeting thereof held on the 7'11 day of November 2007 by the following vote: AYES: Commissioners Deaton, Bello, Massa-lavitt, and Roberts NOES: Commissioners Delay ABSENT: Commissioners None ABSTAIN: Commissioners None .yt.Mv.O.-.(}~~ , Ellery Deaton . Chairperson, PlaIming Commission 50f6 Lee Whittenberg Secretary, Plalming Commission Planning COlllmission Resolution No. 07-58 Conditional Use Permit 07-13 3001 Old Ranch Parkway (Kobe Japanese Steak House) November 7, 2007 ***** 60f6