HomeMy WebLinkAboutPC Res 07-69 - 2008-02-06
RESOLUTION NUMBER 07-69
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING CUP
NO. 06-6 (INDEFINITE EXTENSION), PERMITTING
A MODIFICATION TO THE RESTAURANT HOURS
OF OPERATION AND LIVE ENTERTAINMENT,
AND A SUBSEQUENT EXPANSION OF THE
RESTAURANT HOURS OF OPERATION AND LIVE
ENTERTAINMENT ON PROPERTY LOCATED AT
620 PACIFIC COAST HIGHWAY, SEAL BEACH
(FINBAR' S ITALIAN KITCHEN).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On October 20, 2006, Joseph Barbara filed an application with the
Department of Development Services for Conditional Use Pennit 06-6 to pennit a modification
to the hours of operation and to provide live entetiainment within the lounge of an existing
restaurant between the hours of 7:00 p.m. and 1 :00 a.m., on Friday and Saturday. The previous
restaurant hours of operation pemlitted under CUP 88-3 were Sunday through Thursday II :30
a.m. to 10:00 p.m. and 11 :30 a.m. to 11 :00 p.m. on Friday and Saturday. The current restaurant
hours of operation are Sunday through Thursday between II :00 a.m. and 10:00 p.m. and Friday
and Saturday between the hours of 11 :00 a.m. and 1 :00 a.m.
On December 3, 2007, Joseph Barbara filed an application for an lndefinite Extension of
Conditional Use Permit 06-6 with the Department of Development Services. Additionally, Mr.
Barbara is seeking an amendment to the existing Conditional Use Permit to allow entertainment
seven (7) nights a week, instead of the existing Friday and Saturday nights only, and a
modification of the existing approved operating hours of 11 :00 a.m. to 10:00 p.m. Sunday
. through Thursday to new hours of 11 :00 a.m. to l2 midnight Monday through Thursday. Sunday
hours are scheduled t.o remain as currently approved (ll :00 a.m. to 10:00 p.m.) Staff is
recommending that the Monday through Thursday hours be limited to 11 :00 a.m. to 11 :00 p.m.,
instead of the requested 11:00 a.m. to 12 midnight.
Section 2. Pursuant to 14 California Code of Regulations ~ 15305 and ~ neB)
of the City's Local CEQA Guidelines, staff has detennined as follows: the application for CUP
06-6 (IE) to pemlit a modification to the hours of operation and to provide live entertainment
within the lounge of an existing restaurant, aIld a subsequent increase of the hours of operation to
II :00 a.m. to 11 :00 p.m. Monday through Thursday, and an expansion of live entertainment and
between the hours of 7:00 p.m. to lO:OO p.m. on Sunday; 7:00 p.m. to 11 :00 p.m. Monday
through Thursday; and 7:00 p.m. to l:OO a.m. 0'11 Friday and Saturday is categorically exempt
lof6
Planning Commission Resolution 07-79
Conditional Use Permit 06-6 (Indefinite bxtension)
Finbar's Italian Kitchen, 620 Pacific Coast Highway
Februmy6,2008
from review pursuant to the California Environmental Quality Act pursuant to 14 Califomia
Code of Regulations ~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). The proposal involves a minor alteration in land use limitation and does not
involve either a property in excess of20% slope or a change in land use or density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on February 6,2008, to consider the application for CUP 06-6 (IE) and proposed a
modification to the restaurant hours of operation and to provide live entertainment within the
lounge of an existing restaurant between the hours of 7:00 p.m. and 1 :00 a.m. on Friday and
Saturday and a subsequent increase of the hours of operation to II :00 a.m. to 11 :00 p.m. Monday
through Thursday and live entertainment between the hours of 7:00 p.m. to 10:00 p.m. on
Sunday; 7:00 p.m. to 11 :00 p.m. Monday through Thursday. No written evidence was submitted
for or against the project, and at the public hearing no one spoke in favor of the request and no
one spoke in opposition.
Section 4.
The record of the hearing of February 6, 2008 indicates the
following:
(a) On October 20, 2006, Joseph Barbara filed an application
with the Department of Development Services for Conditional Use Permit 06-6 to permit a
modification to the hours of operation and to provide live entertainment within the lounge of an
existing restaurant between the hours of 7:00 p.m. and 1 :00 a.m. on Friday and Saturday. On
December 3, 2007, Joseph Barbara filed an application for an Indefinite Extension of
Conditional Use Pernlit 06-6 with the Department of Development Services.
(b) Specifically, the applicant is proposing to indefinitely
extend a portion of CUP 06-6 and to amend the existing Conditional Use Permit to allow
entertainment seven (7) nights a week, instead of the existing Friday and Saturday nights only,
aIld a modification of the existing approved operating hours of 11 :00 a.m. to 10:00 p.m. Sunday
through Thursday to new hours of 11 :00 a.m. to 12 midnight Monday through Thursday. Sunday
hours are scheduled to remain as currently approved (ll :00 a.m. to 10:00 p.m.) Staff is
recommending that the Monday through Thursday hours be limited to 11 :00 a.m. to 11 :00 p.m.,
instead of the requested 11 :00 a.m. to l2 midnight.
(c) The subject restaurant is approximately 6,170 square feet in
size and includes a large dining area and lounge with a full bar.
(d)
Assessor's Parcel # 043-302-12.
The subject property is described as Orange County
(f)
The surrounding land uses and zoning are as follows:
NORTH & WEST
A mixture of commercial and residential uses in the C-2 (General
Commercial) and Residential Low Density (RLD) zones.
20f6
Planning Commission Resolution 07-79
Conditional Use Permit 06-6 (Indefinite Extension)
Finbar's Italian Kitchen, 620 Pacific Coast Highway
Februll1)1 6, 2008
SOUTH
A mix of commercial and residential uses in the C-2 (General
Commercial) and Residential High Density (RHD) zones.
EAST
Single family residential uses in the RLD zone.
Section 5. Based upon the facts contained in the record, including those stated
in ~4 of this resolution and pursuant to ~~28-1400 and 28-1401 of the City's Code, the Planning
Commission makes the following findings:
(a) Conditional Use Pennit 06-6, as proposed to be conditioned
regarding business operations, is consistent with the provisions of the Land Use Element of the
City's General Plan, which provides a General Commercial zoning designation for the subject
property and permits restaurants with live entertainment subject to the issuance of a conditional
use pennit. 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.
(b) The building and property at 620 Pacific Coast Highway
are adequate in size, shape, topography and location to meet the needs of the proposed use of the
property, as proposed to be conditioned. The restaurant is located within a multiple-tenant
commercial center that fronts onto Pacific Coast Highway. The nearest residential properties are
located approximately 200 feet to the northwest of the subject property (across Pacific Coast
Highway), and approximately 350 feet to the northeast of the subject property (across Fifth
Street). The orientation of the restaurant is such that the entrance door faces Pacific Coast
Highway and therefore will not result in significant noise impacts to residential properties.
(c) The restaUraIlt with live entertainment, if properly
conditioned and enforced, is compatible with the character of the surrounding area which
consists predominately of commercial uses. Adherence to conditions of approval placed on the
use by the City of Seal Beach should mitigate any negative impacts to neighboring residential
properties.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Pemlit 06-6, (IE) subject to the following conditions:
1. Conditional Use Permit 06-6 (IE) is approved to pemlit a modification to the restaurant
hours of operation and to provide live entertainment within the lounge of all existing
restaurant between the hours of7:00 p.m. and 1 :00 a.m. on Friday and Saturday nights, and
operating hours of 11 :00 a.m. to 10:00 p.m. Sunday through Thursday and operating hours
of 11:00 a.m. to 1:00 a.m. on Friday and Saturday at 620 Pacific Coast Highway, Seal
Beach. (Finbar's Italian Kitchen)
The applicant's subsequent requests for ~11 expansion of previously approved live
entertainment to seven (7) nights a week aIld an expansion of hours to 11 :00 p.m., Monday
through Thursday are hereby granted for a six (6) month trial period. At the end of the trial
30f6
Planning Commission Resolution 07-79
Conditional Use Permit 06-6 (Indefinite Extension)
Finbar's Italian Kitchen, 620 Pacific Coast Highway
FebrttalY 6, 2008
period, the applicant may apply for an additional indefinite extension of CUP 06-6. The
Commission may grant an indefinite extension provided that all the conditions of approval
have been met and no significaIlt police or other problems have occurred. The applicant is
hereby advised that a new application and accompanying fee must be paid to the city prior
to consideration of all indefinite extension.
2. The applicant shall comply with all restrictions placed on the license issued by the State of
California's Department of Alcoholic Beverage Control (ABC).
3. The hours of operation shall be 11 :00 a.m. to 10 p.m. on Sundays; II :00 a.m. to II :00 p.m.
Monday through Thursday; aIld 11 :00 a.m. to 1 :00 a.m. on Friday and Saturday. Live
entertainment shall be pennitted between the hours of 7:00 p.m. and 10:00 p.m. on
Sundays; 7:00 p.m. and 11:00 p.m. on Monday through Thursday; and 7:00 p.m. and 1:00
a.m. Friday and Saturday.
4. No video games or similar aITIusements shall be pennitted on the premises unless a separate
conditional use pennit is approved for that use.
5. 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 Beach, to
require the provisions of additional security measures.
6. Live entertainment shall only be conducted within the subject restaurant.
7. All doors and windows shall remain closed at all times during hours oflive entertainment.
8. The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time.
9. 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.l5.
10. The applicant remains bound by all conditions approved through previous entitlements on
the property including (but not limited to) CUP 88-3, unless superseded by this Conditional
Use Permit.
ll. 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 aIld retumed to the Planning Department; and until the
ten (10) calendar-day appeal period has elapsed.
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Planning Commission Resolution 07-79
Conditional Use Permit 06-6 (Indefinite Extension)
Finbar's Italian Kitchen, 620 Pacific Coast Highway
Februmy6,2008
12. A modification of this CUP shall be applied for when:
a. The establishment proposes to modify any of its current Conditions of Approval.
b. There is a substantial change in the mode or character of operations of the
establishment.
13. The PlaI1l1ing 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 ifhaml 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.
14. 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 PlaIming 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.
15. The tenn of the additional expanded hours and expanded live entertainment of this pennit
shall be 6 months. At the end of the initial term, the applicant may apply for an indefinite
extension of CUP 06-6, for those portions of the CUP not already indefinitely extended.
The Commission may grant an indefinite extension provided that all the 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 paid to
the city prior to consideration of an indefinite extension.
16. The applica11t will prominently display these Conditions of Approval in a location within
the businesses' customer area that is acceptable to the Director of Development Services.
17. 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 OCCUlTing or resulting to any and all persons, firms, or corporations fumishing
or supplying work, services, materials, or supplies in c011nection with the perfoffilance of
the use pennitted hereby or the exercise of the rights granted herein, aIld any and all claims,
lawsuits or actions arising from the granting of or the exercise of the rights permitted by
this Conditional Use Pennit, and from any and all claims and losses occurring or resulting
to any person, film, corporation or property for damage, injury or death arising out of or
connected with the perfonnance of the use permitted hereby. Applicant's obligation to
indemnify, defend and hold harmless the City as stated herein shall include, but not be
limited to, paying all fees and costs incurred by legal counsel of the City's choice in
representing the City in connection with any sllch claims, losses, lawsuits or actions, expert
witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees
in any such lawsuit or action.
18. Failure to comply with any of the conditions of this Conditional Use Pennit may result in
revocation ofthe Conditional Use Pemlit.
50f6
Planning Commission Resolution 07-79
Conditional Use Permit 06-6 (Indefinite Extension)
Finbar's Italian Kitchen, 620 Pacific Coast Highway
FebrullIY 6,2008
PASSED, APPROVED AND ADOPTED by the Planning Commission ofthe City of Seal Beach
at a meeting thereof held on the 6th day of February 2008 by the following vote:
AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Roberts
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
;20 ULtD-/J14.;b:n)
Ellery Deaton
Chairperson, Planning Commission
~ a>~~
t-4 Lee Whittenberg /'
Secretary, Planning Commiss!9rf
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