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Home My WebLink AboutPC Res 09-02 - 2009-02-04 RESOLUTION NUMBER 09-2 01}Q ~< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT NO. 07-13 FOR AN EXISTING RESTAURANT AT 3001 OLD RANCH PARKWAY, SEAL BEACH, CA (KOBE JAPANESE STEAKHOUSE). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 19, 2008, Rachel Park, representing BNP Enterprises, Inc., ("the applicant") filed an application for the indefinite extension of Conditional Use Permit 07-13 with the Department of Development Services in accordance with the terms and conditions of Conditional Use Permit 07-13, as approved by Planning Commission Resolution 07-58 on November 7,2007. Section 2. The applicant is requesting the indefinite extension of the previous approval to operate during the permitted hours of: o 11 :00 a.m. to 10:30 p.m., Sunday through Thursday; and o 11 :00 a.m. to 12:00 a.m. (midnight), Friday and Saturday. The applicant is also requesting the indefinite extension of the previous approval to permit an entertainment cafe, providing live music within an enclosed building and not on any patio or exterior area of the restaurant that is not fully enclosed no more than four days a week and only between the hours of: o 7:00 p.m. to 10:30 p.m., Sunday through Thursday; and o 7:00 p.m. to 12:00 a.m. (midnight), Friday and Saturday. Section 3. Pursuant to 14 Calif. Code of Regs. 9 15301, staff has determined as follows: The application for Conditional Use Permit 07-13 Indefinite Extension for the requested land use entitlements at a proposed restaurant is categorically exempt from review pursuant to the California Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on February 4,2009, to consider the application for Conditional Use Permit No. 07- 13 (Indefinite Extension). 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 February 4, 2009 indicates the following: 10f5 Planning Commission No. 09-2 Conditional Use Permit 07-13 (Indefinite Extension) 300 I Old Ranch Parkway (Kobe Japanese Steakhouse) February 4, 2009 (a) On December 19, 2008, Rachel Park, representing BNP Enterprises, Inc., ("the applicant") filed an application for the indefinite extension of Conditional Use Permit 07-13 with the Department of Development Services in accordance with the terms and conditions of Conditional Use Permit 07-13, as approved by Planning Commission Resolution 07-58 on November 7,2007. (b) The subject property is located in the Bixby Old Ranch Office Park, located north ofthe San Diego Freeway (1-405). (c) Surrounding land uses and zoning are as follows: SOUTH: A flood control channel and single-family homes located in Rossmoor, an unincorporated community in the County of Orange. The Beverly Manor reservoir and fire station, separated from the subject property by the San Diego Freeway (1-405). Office buildings within the Bixby Old Ranch Office Park. Retail shops located within the General Commercial (C-2) Zone, separated from the subject property by Seal Beach Boulevard. NORTH: WEST: EAST: (e) The restaurant use comprises 8,147 square feet and is located on the eastern side of the Bixby Old Ranch Office Park, north of the San Diego Freeway (1-405). Section 6. Based upon the facts contained in the record, including those stated in ~5 of this resolution and pursuant to ~~ 28-1300.G.9 and 28-2503 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit No. 07-13 Indefinite Extension 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 permits entertainment cafes, subject to the issuance of a Conditional Use Permit. 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. 20f5 Planning Commission No. 09-2 Conditional Use Permit 07-13 (Indefinite Extension) 300 I Old Ranch Parkway (Kobe Japanese Steakhouse) February 4, 2009 (d) The adjacent restaurant (Spaghettini) has provided live entertainment in excess of fifteen years with no substantial adverse impacts or enforcement actions. (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 an indefinite extension ofthe entertainment permit. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 07-13 Indefinite Extension, subject to the following conditions: 1. Conditional Use Permit 07-13 Indefinite Extension is approved for an entertainment cafe at 3001 Old Ranch Parkway and for operating hours as follows: o 11 :00 a.m. to 10:30 p.m., Sunday through Thursday; and o 11:00 a.m. to 12:00 a.m. (midnight), Friday and Saturday. 2. Live entertainment shall be performed no more than four (4) days per week, and only between the hours of 7:00 p.m., Sunday through Thursday; and 7:00 p.m. and 12:00 a.m. (midnight) Friday and Saturday. 3. All entertainment conducted in accordance with this Conditional Use Permit shall occur within an enclosed building and not on any patio or exterior area of the restaurant that is not fully enclosed. 4. 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. 5. All entertainment shall be performed in the restaurant's lounge area. 6. 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. and 10:30 p.m., Sunday through Thursday; and 7:00 p.m. to 12:00 p.m. (midnight), Friday and Saturday. 7. All exterior glazing located within the lounge area where live entertainment will occur shall maintain soundproof glass having a Sound Transmission Class (STC) rating of 45 or greater, or demonstrate by means of an acoustical study that existing glass meets this same STC rating. 8. There shall be no dancing permitted on the premises. 30f5 Planning Commission No. 09-2 Conditional Use Permit 07-13 (Indefinite Extension) 3001 Old Ranch Parkway (Kobe Japanese Steakhouse) February 4, 2009 9. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municival 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 permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 10. In the event that 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 provision of additional security measures. 11. Unless otherwise superseded by conditions of this Conditional Use Permit, all existing conditions of Conditional Use Permit 99-1 remain in full effect. 12. A modification of this Conditional Use Permit 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. 13. 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. 14. 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 anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 15. This Conditional Use Permit 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 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. 16. This Conditional Use Permit shan 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 Plamling Department; and until the 10 calendar-day appeal period has elapsed. 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 occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all 4of5 Planning Commission No. 09-2 Conditional Use Permit 07-13 (Indefinite Extension) 3001 Old Ranch Parkway (Kobe Japanese Steakhouse) Februmy 4, 2009 claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 18. 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of February 2009 by the following vote: AYES: Commissioners Deaton, Bello, Eagar, Larson, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None e!~ ~ b.L /,-Cl..(k-<?A"-Ah) / Ellery Deaton Chairperson, Planning Commission Lee hlttenberg Secretary, Planning Commission ***** 50f5