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HomeMy WebLinkAboutPC Res 06-19 - 2006-05-17 OR/SINAL RESOLUTION NUMBER 06-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 06-1 FOR A 639 SQUARE FEET ADDITION AND REMODEL OF A PREVIOUSLY APPROVED RESTAURANT AT 3005 OLD RANCH PARKWAY, SEAL BEACH (SPAGHETTINI GRILL) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: SectIon 1. On April l2, 2006, Cary Hardwick ("Applicant") filed an apphcahon for Condiltonal Use Permit 06-1 with the Department of Development ServIces, The applicant is requesting to remodel the outdoor palto area, add 639 square feet to the restaurant mcluding a new stage area, with exterior modifications to the existing Spaghettini Restaurant at 3005 Old Ranch Parkway, Seal Beach, pursuant to ~~28-2503, 28-2504, and 28-2950 of the Code of the Citv of Seal Beach (Code) Section 2, Pursuant to 14 California Code of Regulations ~15025(a), staff has determined as follows: Conditional Use Permit 06-l is categorically exempt from review pursuant to the CalIfornia Environmental Quality Act pursuant to 14 California Code of Regulations ~15301 (Existing Uses), because It mvolves the neghgtble expanSIon of an eXIstmg use; pursuant to ~15305 (Mmor Alteraltons m Land Use LimItations), because the proposal mvolves 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 finally, pursuant to ~ 1506l (b )(3), because It can be Said WIth certamty that there IS no possibility that the approval may have a signIficant effect on the environment. Section 3. A duly notIced public heanng was held before the Planmng Commission on May 17, 2006, to conSIder the application 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 May 17, 2006 mdIcates the followmg: (a) On Apn112, 2006, Cary HardWIck filed an appliealton for CUP 06-1 on behalf of Spaghettini Restaurant. (b) The applicant IS requestmg to remodel the outdoor patio area, add 639 square feet to the restaurant including a new stage area, With extenor modIficatJons 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 I-405 freeway m the BIxby Old Ranch Business Park Specific Plan area, 10f7 Planmng CommISSIOn Resolution No 06-19 CondItional Use Perlml 06-1 3005 Old Ranch Parkway - Spaghelllm Grlll May 17, 2006 (d) The surrounding land uses and zoning are as follows' NORTH Kobe Restaurant in the BIXby Old Ranch Busmess Park Specific Plan, flood control channel and smgle family homes located in Rossmoor, an UIlincorporated commumty m the County of Orange. SOUTH Across the I-405 Freeway, the Beverly Manor reservoir and fire statIon EAST Across Seal Beach Boulevard, the Ayres Hotel and vanous busmesses m the General CommercIal (C-2) zone, WEST Office buIldings withm the BIXby Old Ranch Busmess Park Specific Plan (e) Spaghettini Restaurant is an Itahan dinner house incorporatmg a lounge and dmmg room in 10,246 square feet of buIlding area and 1,380 square feet of patIo. (f) The Plarming CommiSSIOn has previously approved the following: March l6, 1988 - Plarming CommISSIon approved CUP 88-1, a request for on-sale general liquor at Spaghettmi's through Resolution No. 1499, The Plarming CommIssion granted an indefinite extensIon of CUP 88-1 on April 5, 1989, through Resolution No, 1535. September 4, 1991 - Plarming CommiSSIon approved CUP 91-14, a request for live jazz entertamment through Resolution No. 1657. The Plarming CommISSIon granted an indefimte extension of CUP 91-14 on September 22,1993 through Resolution No, 93-46 March 6, 2002 - Planmng Commission approved CUP 02-3, a request to amend hours of lIve entertainment to 7:00 p,m. until 12.00 a,m. dally, The Planning CommiSSIOn granted an mdefinite extension of CUP 02-3 on Apnl 7, 2002, (g) Sergeant Tim Olson has reVIewed the existing records, and has indIcated that there has not been an extraordinary demand for law enforcement at this locatIOn Section 5. Based upon the facts contained in the record, mcluding those stated in ~4 oftlus resolutIon and pursuant to ~~28-2503, 28-2504, and 28-2950 of the CIty'S Code, the Planmng Commission hereby finds: . The grantmg of CUP 06-1 IS consistent WIth the provisions of the General Plan, whIch mdIcate the subJect property IS to be used for general commerCIal purposes, WhIch mcludes restaurants when approved by the Plarming CommiSSIOn through a CondItIonal Use Permit. . The buIldmg 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. 20f7 Planning COmml!.SlOn ResolutIOn No 06-19 Condlllonal Use Pennll 06-1 3005 Old Ranch Parkway - Spaghelllm Grlll May 17, 2006 . Required adherence to applicable bUIldmg and fire codes ensures there will be adequate water supply and uhlities for the proposed use, . The restaurant use IS compahble with the Bixby Old Ranch Business Park Specific Plan Adherence to eonditJons 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 restaurant has operated at this locatIon wIth onsite alcohol sales and hve entertainment for several years and no substantIal enforcement actJons have occurred. . The Seal Beach Police Department has reviewed the existing records of the restaurant and has no reservations regarding the requested addition and remodel. Section 6. Based upon the foregomg, the Plarmmg Commission hereby approves CondItional Use Permit No. 06-1, subJect to the followmg conditions: 1. CondItional Use PermIt 06-1 is approved for the addItion and remodel of Spaghettim Restaurant at 3005 Old Ranch Parkway. 2. All development shall be in substantial compliance with the plans submitted as part of this application, 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.rn, Monday through Saturday 4, Live entertainment shall be performed only between the hours of 7:00 p,rn. and 12:00 a.m" seven days a week, Live entertainment shall termmate precisely at 12'00 a.m, 5. An amendment to the ABC permit 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 California Department of Alcohohc Beverage Control (ABC), 6. Entertainment acts shall consist of no more than four (4) members and the form of entertainment shall be limIted to jazz 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, The exterior patio doors shall remam closed at all times when entertainment IS being provided, For the purpose of thiS approval, said doors shall remain closed between the hours of7:00 p,m, and 12:00 a.m. 30f7 Planning CommIssIOn Resolution No 06- I 9 CondItional Use Pel'mll 06-1 3005 Old Ranch Parkway - Spaghelllnl Grill May 17, 2006 9, There shall be no dancmg permitted on the premises. 10, Conditional Use PermIt 06-1 is non-transferable 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 extenor advertIsmg of any kind or type, including advertismg directed to the exterior from within, promoting or indicating the availabIlity of alcoholic beverages, 13. A modificatIon ofthe 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 Its current condItions of approval (c) There is a substantial change in the mode or character of operations of the establishment 14. ExterIor lighting m the parkmg area shall be kept at a level so as to prOVide adequate lightmg for patrons while not unreasonably dIsturbing surroundmg residentJal or commercial areas. 15. In the event staff determines that security problems eXIst on the site, the condItJons of thIS permit may be amended, under the procedures of the Seal Beach MuniCIpal Code, to require the provisIon of additIonal security measures, 16. The establislunent shall have a public telephone listing, 17. It shall be the responSIbIlity of the applicant/hcensee to provide all employees that 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 followmg topics and SkIlls development' (a) State laws relatJng to alcoholic beverages, particularly ABC and penal prOVISIons concermng sales to mmors and mtoxicated 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 dispensmg 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, meludmg 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 40f7 Planmng CommISSIon ResolullOn No 06-19 Condlllonal Use Perm't 06-1 3005 Old Ranch Parkway - Spllghellllll Gnll May 17. 2006 Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria: I. 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.I.P.S. Program. Telephone: (714) 568-4187 18. The knowledge and skills deemed necessary for responsible alcoholic beverage service as set forth hereinabove, shall mclude for on-premIse licensed locations, but not be limIted to the followmg additional tOpICS and SkIlls development (a) Methods to appropriately pace customer drinkmg to reduce the risk that the customer WIll not leave the premises in an intoxicated manner, (b) Knowledge of mixology, mcludmg marketable alternatives to alcohohc beverages, 19, Litter and trash receptacles shall be located at convenient locations mSIde and outside the establislunent. Operators of such establishment shall remove trash and debns on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outSIde the estabhshment between the hours of 10:00 p.m. and 7:00 a.m. 20, 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, includmg but not limited to the congregation of mmors, violence, public drunkenness, vandalism, soliCitation and/or litter, 21. All alcoholic beverages sold m conjunction with the on-premise licensed establishment must be consumed entirely on the premises prior to closing time, The sale of alcohohc beverages shall be prohibited in the establislunent's parking area, There shall be appropnate postmg of signs both inside and outside the hcensed premises indIcatmg that drinkmg outSIde the licensed premises IS prohibIted by law. 22. ConditIonal Use Permit 06-1 shall be automatically terminated if the operation IS no longer maintained as a "Bona fide public eating place" as defined by the CalifomJa Department of Alcoholic Beverage Control. 23. The establishment shall comply With Chapter l3D, "NOise Control", of The Code of the Cltv 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 establislunent, the Plarming 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 13D. 50f7 Planmng CommISsIOn ResolullOn No 06- I 9 Condmonal Use Penml 06-1 3005 Old Ranch Parkway. Spaghelllm Gnll May 17, 2006 24. Whenever the outdoor dmmg area is being uhlized for the sale, servIce or consumptIon of alcoholic beverages, a premise employee shall be in attendance and mamtain contmuous 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 m the outdoor dining area must be sefVlced m glass containers, 26. Any canopy constructed over an outdoor dining area shall comply with all reqUIrements of the Buildmg Department and Fire Department. 27. The applicant will prominently dIsplay these conditions of approval in a locatIon wlthm the busmess's customer area, m one or more locations acceptable to the Director of Development ServIces, 28, ThIS CUP shall become null and VOId unless exercIsed withm 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 wntten request for extenSIOn submItted to the Department of Development Services a mimmum of mnety (90) days prior to such expirahon date, 29. The term of this permIt shall be twelve (12) months, beginning the ftrst day of operation of the new area. At the end of the Imhal term, the applicant may apply to the City. 30 Planning CommIssion, which may grant an extension as discussed above, proVIded that all Condihons 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 31 The applicant shall mdemnify, defend and hold harmless City, its officers, agents and employees (collectIvely ''the CIty" hereinafter) from any and all claims and losses whatsoever occumng or resultmg to any and all persons, firms, or corporations furmshmg or supplying work, servIces, materials, or supplies in connection with the performance of the use permItted hereby or the exercIse of the nghts granted herein, and any and all claims, lawsuits or achons ansmg from the granting of or the exerCIse of the rIghts permItted by t1us CondItIonal Use Permit, and from any and all claIms and losses occurring or resultmg to any person, firm, corporation or property for damage, mJury 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 m any such lawsuit or action, 32, 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 60f7 Planmng CommiSSIOn ResolullOn No 06-19 CondItIonal Use PermIt 06- I 3005 Old Ranch Parkway - Spaghelllm Grlll May 17, 2006 Development Services, or notanzed and returned to the Planning Department, and unlil the ten (10) calendar-day appeal perIod has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission ofthe CIty of Seal Beach at a meeting thereof held on the 17th day of May 2006 by the followmg vote' AYES. CommIsSIoners Shanks, Deaton, Ladner, O'Malley, and Roberts, NOES: Commissioners None ABSENT: Commissioners None 4~G<~ or 0 s Chairperson, Plarmmg Commission Lee Whittenberg Secretary, Planning CommIssio **** 70f7