HomeMy WebLinkAboutPC Res 08-10 - 2008-04-09
RESOLUTION NUMBER 08-10
ORIGINAL
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING THE
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT 06-1 FORA 639-SQUARE FOOT ADDITION
AND REMODEL OF A PREVIOUSLY APPROVED
RESTAURANT AT 3005 OLD RANCH PARKWAY,
SEAL BEACH. (SP AGHETTINI GRILL)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On April 12, 2006, Cary Hardwick ("Applicant") filed an
application for Conditional Use Permit 06-1 with the Department of Development Services. The
applicant is requesting to remodel the outdoor patio area, add 639 square feet to the restaurant
including a new stage area, with exterior modifications to the existing Spaghettini Grill at 3005
Old Ranch Parkway, Seal Beach, pursuant to 9928-2503, 28-2504, and 28-2950 of the Code of
the City of Seal Beach (Code). On February 29, 2008, Cary Hardwick filed an application for
the Indefinite Extension of CUP 06-1.
Section 2. Pursuant to 14 California Code of Regulations 915025(a), staffhas
determined as follows: Conditional Use Pennit 06-1 is categorically exempt from review
pursuant to the California Environmental Quality Act pursuant to 14 Califomia Code of
Regulations 915301 (Existing Uses), because it involves the negligible expansion of an existing
use; pursuant to 915305 (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
of20% slope or a change in land use or density; and finally, pursuant to 915061(b)(3), because it
can be said with certainty that there is no possibility that the approval may have a significant
effect on the environment.
Section 3. A duly noticed public hearing was held before the Planning
Commission on April 9, 2008, to consider the indefinite extension for CUP 06-1. No evidence,
either oral or written, was submitted for or against the application.
Section 4.
The record of the Public Hearing on April 9, 2008, indicates the
following:
(a) On April 12, 2006, Cary Hardwick filed an application for
CUP 06-1 on behalf of Spaghettini Grill. On February 29, 2008, Cary Hardwick filed an
application for the Indefinite Extension of CUP 06-1.
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Planning Commission Resolution No. 08-/0
Conditional Use Permit 06-1 (Indefinite Extension)
Spagheltini Grill. 3005 Old Ranch Parhvay
April 9. 2008
(b) The applicant is requesting an Indefinite Extension of CUP
06-1, which pennitted a remodel to the outdoor patio area; the addition of 639 square feet to the
restaurant, including a new stage area; and other exterior modifications to the existing restaurant.
(c) The subject property is located within the Bixby Office
Park, a multiple-tenant, mixed use project located at Seal Beach Boulevard and the 1-405
freeway in the Bixby Old Ranch Business Park Speci tic Plan area.
(d) The surrounding land uses and zoning are as follows:
NORTH
Kobe Restaurant in the Bixby Old Ranch Business Park Speci tic Plan,
flood control channel and single-family homes located in Rossmoor, an
unincorporated community in the County of Orange.
SOUTH
Across the 1-405 Freeway, the Beverly Manor reservoir and fire station.
EAST
Across Seal Beach Boulevard, the Ayres Hotel and various businesses in
the General Commercial (C-2) Zone.
WEST
Office buildings within the Bixby Old Ranch Business Park Specific Plan.
(e) Spaghettini Grill is an Italian dinner house incorporating a
lounge and dining room in 10,246 square feet of building area and 1,380 square feet of patio.
(f) The Planning Commission has previously approved the
following:
March 16, 1988 - Plmming Commission approved CUP 88-1, a request for on-sale
general liquor at Spaghettini Grill through Resolution No. 1499. The Plalming
Commission granted an indefinite extension of CUP 88-1 on April 5, 1989, through
Resolution No. 1535.
September 4, 1991 - Planning Commission approved CUP 91-14, a request for live jazz
entertainment through Resolution No. 1657. The Planning Commission granted an
indefinite extension of CUP 91-14 on September 22, 1993 through Resolution No. 93-46.
March 6, 2002 - Plalming Commission approved CUP 02-3, a request to amend hours of
live entertainment to 7:00 p.m. until 12:00 a.m. daily. The Planning Commission granted
an indefinite extension of CUP 02-3 on April 7,2002.
May 17, 2006 - Planning Commission approved CUP 06-1, a request to remodel the
outdoor patio area; add 639 sq. ft. to the restaurant, including a new stage area; and other
exterior modifications to the restaurant.
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Planning Commission Resolution No. 08-10
Conditional Use Permit 06-1 (indefinite Extension)
Spaghettini Grill, 3005 Old Ranch Parkway
April 9. 2008
(g) Sergeant Tim Olson has reviewed the existing records, has
indicated that there has not been all extraordinary demand for law enforcement at this location,
and does not see a problem in granting an indefinite extension of the CUP.
Section 5. Based upon the facts contained in the record, including those stated
in 94 of this resolution and pursuant to g928-2503, 28-2504, and 28-2950 of the City's Code, the
Planning Commission hereby finds:
(a) The granting of CUP 06-1 (IE) is consistent with the
provisions of the General Plan which indicate the subject propeliy is to be used for general
commercial purposes, which includes restaurants when approved by the Planning Commission
through a Conditional Use Permit.
(b) The building and property at 3005 Old Ranch Parkway are
adequate in size, shape, topography and location to meet the needs of the proposed use of the
property.
(c) Required adherence to applicable building and fire codes
ensures there will be adequate water supply and utilities for the proposed use.
(d) The restaurant use is compatible with the Bixby Old Ranch
Business Park Specific Plan. Adherence to conditions of approval placed on the use by both the
City of Seal Beach and the Department of Alcohclic Beverage Control should mitigate any
negative impacts to neighboring residential properties.
(e) The restaurant has operated at this location with onsite
alcohol sales and live entertainment for several years and no substantial enforcement actions
have occurred.
(1) The Seal Beach Police Department has reviewed the
existing records of the restaurant and has no reservations regarding the requested indefinite
extension.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 06-1 (IE), subject to the following conditions:
1. Conditional Use Pennit 06-1 (IE) is approved for the indefinite extension of the addition
and remodel of Spaghettini Grill at 3005 Old Ranch Parkway.
2. All development shall be in substantial compliance with the plans submitted as part of the
original application for CUP 06-1.
3. The hours of operation shall be:
10:00 a.m. to 11 :00 p.m. Sunday
11 :00 a.m. to 1 :00 a.m. Monday through Saturday
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Planning Commission Resolutioll No. 08-10
Conditional Use Permit 06-1 (indefinite Extension)
Spaghettini Grill, 3005 Old Ranch Parkway
April 9. 2008
4. Live entertainment shall be perfonned only between the hours of 7:00 p.m. and 12:00
a.m., seven days a week. Live entertainment shall terminate precisely at 12:00 a.m.
5. An amendment to the ABC pennit by the Department of Alcoholic Beverage Control to
reflect the building changes shall be obtained and a copy shall be provided to the City of
Seal Beach. The applicant shall comply with all restrictions placed on the license issued
by the Califoll1ia Department of Alcoholic Beverage Control (ABC).
6. Entertainment acts shall consist of no more than four (4) members and the foml of
entertainment shall be limited to jazz ml!.sic. Alteration of these standards shall be
subject to review and approval by the Planning Commission.
7. All entertainment shall be perfonned in the restaurant's lounge area.
8. The exterior patio 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 of7:00 p.m. and 12:00 a.m.
9. There shall be 110 dancing pennitted on the premises.
10. No video games or similar anlUsements shall be permitted on the premises unless a
separate conditional use permit is approved for that use.
11. 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.
12. A modification of the Conditional Use Pemlit shall be obtained when:
(a) The establishment proposes to change its type ofliquor 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.
13. 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.
14. In the event staff determines that security problems exist on the site, the conditions of this
pemlit may be amended, under the procedures of the Seal Beach Municipal Code, to
require the provision of additional security measures.
15. The establishment shall have a public telephone listing.
16. It shall be the responsibility of the applicant/licensee to provide all employees that sell or
serve alcoholic beverages with the knowledge and skills that will enable them to comply
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Planning Commission Resolution No. 08-10
Conditional Use Permit 06-1 (Jndejinite Extension)
Spaghettini Grill, 3005 Old Ranch Parkway
April 9, 2008
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 a11d skills development:
(a) State laws relating to alcoholic beverages, particularly ABC and penal provisions
conceming sales to minors and intoxicated persons, driving under the influence,
hours oflegal operations and penalties for violations ofthese 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:
1. Department of Alcoholic Beverage Control L.E.A.D. Program.
Telephone: (714) 558-6482
2. Orange County A.D.E.P.T. Program for referral to either the B.A.D.D. or
T.l.P.S. Progranl. Telephone: (714) 568-4187
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17. The knowledge and skills deemed necessary for responsible alcoholic beverage service as
set forth hereinabove, shall include for on-premise licensed locations, but not be limited
to the following additional topics and skills development:
(a) Methods to appropriately pace customer drinking to reduce the risk that the
customer will not leave the premises in an intoxicated manner.
(b) Knowledge ofmixology, including marketable alternatives to alcoholic beverages.
18. Litter and trash receptacles shall be located at convenient locations inside and outside the
establishment. Operators of such establishment 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.
19. The exterior parking lot shall be kept clean and free of debris.
20. The Planning Commission reserves the right to revoke or modify this Conditional Use
Permit purSUa11t to Articles 25 a11d 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
dnmkenness, vandalism, solicitation and/or litter.
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Planning Commission Resolution No. 08-10
Conditional Use Permit 06-i (indefinite Extension)
Spaghettini Grill, 3005 Old Ranch Parkway
April 9. 2008
21. All alcoholic beverages sold in conjunction with the on-premise licensed establishment
must be consumed entirely on the premises prior to closing time. The sale of alcoholic
beverages shall be prohibited in the establishment's parking area. There shall be
appropriate posting of signs both inside and outside the licensed premises indicating that
drinking outside the licensed premises is prohibited by law.
22. Conditional Use Pel11lit 06-1 shall be automatically terminated if the operation is no
longer maintained as a "Bona fide public eating place" as defined by the Califol11ia
Department of Alcoholic Beverage Control.
23. The establishment shall comply with Chapter 7.15, "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 conditional use permit
for reconsideration and may require the applicant/operator to mitigate the noise level to
comply with the provisions of Chapter 7.15.
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 and 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 serviced in glass
containers.
26. Any canopy constructed over an outdoor dining area shall comply with all requirements
of the Building Depal1ment and Fire Department.
27. The applicant will prominently display these conditions of approval in a location within
the business's customer area, in one or more locations acceptable to the Director of
Development Services.
28. 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 retumed to the Planning Department; and until
the ten (10) calendar-day appeal period has elapsed.
29. The applicant shall indemnify, defend and hold hannless City, its officers, agents and
employees (collectively "the City" hereinafter) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, firms, or corporations fumishing
or supplying work, services, materials, or supplies in connection with the performance of
the use permitted hereby or the exercise of the rights granted herein, and allY and all
claims, lawsuits or actions arising from the granting of or the exercise of the rights
permitted by this Conditional Use Permit, and from any and all claims and losses
occun-ing or resulting to any person, finn, corporation or property for damage, injury or
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Planning Commission Resolution No. 08-10
Conditional Use Permit 06-1 (Jndejinite Extension)
Spaghettini Grill, 3005 Old Ranch Parkway
April 9, 2008
death arising out of or connected with the perfOnllallCe of the use permitted hereby.
Applicallt's obligation to indemnify, defend and hold harmless the City as stated herein
shall include, but not be limited to, paying all fees and costs incurred by legal counsel of
the City's choice in representing the City in connection with any such claims, losses,
lawsuits or actions, expert witness fees, and allY award of dalnages, judgments, verdicts,
court costs or attol11eys' fees in any such lawsuit or action.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 9th day of April 2008 by the following vote:
AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Roberts
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
'hUA-<~b:tmJ
/ Ellery Deaton
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Plalming Commission
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