HomeMy WebLinkAboutPC Res 1647 - 1991-09-04
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RESOLUTION NUMBER 1647
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 14-91, APPROVING THE
ESTABLISHMENT OF AN ENTERTAINMENT CAFE IN
CONJUNCTION WITH AN EXISTING RESTAURANT
LOCATED AT 3005 OLD RANCH PARKWAY, SEAL BEACH
(SPAGHETTINI ROTISSERIE AND GRILL)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on July 30, 1991 Cary Hardwick filed an application for
CUP 14-91 on behalf of Spaghettini Rotisserie and
Grill; and
WHEREAS, the applicant is requesting to establish an
entertainment cafe in conjunction with an existing
restaurant located at 3005 Old Ranch Parkway, Seal
Beach (Spaghettini Rotisserie and Grill).
Specifically, the applicants are requesting to provide
live jazz music in the restaurant's lounge Wednesday
through Sunday evenings from 7:00 p.m. until 11:00 p.m;
and
WHEREAS, on March 16, 1988 the Planning Commission approved CUP
1-88, a request for on-sale general liquor at the
subject restaurant. The Planning Commission granted an
indefinite extension of CUP 1-88 on April 5, 1989,
citing compliance with all conditions of approval; and
WHEREAS, staff inspected the subject property on August 28, 1991
and found the restaurant to be abiding by all
conditions of approval of CUP 1-88; and
WHEREAS, 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; and
WHEREAS, spaghettini Rotisserie and Grill is an Italian dinner
house incorporating a lounge and dining room in 8,474
square feet of gross floor area; and
WHEREAS, the hours of operation are as follows:
Lunch:
Monday through Saturday, 11:00 a.m. to 3:00
p.m.
Dinner:
Monday through Thursday, 4:00 p.m. to 10:00
p.m.; Friday and Saturday, 4:00 p.m. to 11:00
p.m.; and sunday, 3:00 p.m. to 11:00 p.m.;
and
WHEREAS, the proposed hours of operation for entertainment are
7:00 p.m. to 11:00 p.m., Wednesday through Sunday; and
WHEREAS, the restaurant has been providing live jazz music
without a City permit for some time with no complaints
from neighboring residents; and
WHEREAS, on July 18, 1991 staff sent a letter to
Spaghettini's citing a violation of the ~
of the citv of Seal Beach, (Code) and
requiring cessation of live entertainment
until a CUP for an entertainment cafe has
been approved. The applicant contacted the
City on July 22, 1991 to ascertain the steps
necessary to attain a Conditional Use Permit.
Additionally, the applicant subsequently
applied for and received a Special Activity
Permit from the Public Works Department to
allow a continuation of live entertainment on
the premises until the Planning Commission
could consider CUP 14-91.; and
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Page 2 - Planning Commission Resolution No. 1647
WHEREAS, the surrounding 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 1-
405 freeway.
EAST
A vacant lot (formerly a service station)
located in the General Commercial zone, (C-
2), separated from the subject property by
Seal Beach Boulevard.
WEST
Office buildings within the Bixby Office
Park: and
WHEREAS, Chief of Police William Stearns has reviewed the
existing records, and has no reservations about
permitting the proposed entertainment cafe: and
WHEREAS, a duly noticed public hearing was held on september 4,
1991 to consider cup 14-91: and
WHEREAS, the Planning Commission makes the following findings:
1. Staff inspected the subject property on August 28,
1991 and found that the restaurant meets all
requirements of the QQQg and is abiding by all
conditions of approval of cup 1-88.
2. The granting of cup 14-91 is consistent with the
provisions of the General Plan which indicate the
subject property is to be used for general
commercial purposes, which includes entertainment
cafes when approved through the cup process.
3. 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.
4. Required adherence to applicable building and fire
codes ensure there will be adequate water supply
and utilities for the proposed use.
5. The provision of four (4) or fewer member live
jazz 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.
6. Required adherence to the City's noise standards
should mitigate any negative impacts to
neighboring residential properties.
7. The Seal Beach Police Department has reviewed the
existing records of the restaurant and has no
reservations regarding the requested license.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
City of Seal Beach does hereby approve CUP 14-91, subject to the
following conditions:
1. CUP 14-91 is approved for an entertainment cafe at 3005 Old
Ranch Parkway and is issued to Spaghettini Rotisserie and
Grill.
2. CUP 14-91 is non-transferrable.
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Page 3 - Planning Commission Resolution No. 1647
3. Live entertainment shall be performed only between the hours
of 7:00 p.m. and 11:00 p.m., wednesday through Sunday
nights. Live entertainment shall terminate precisely at
11:00 p.m.
4. 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.
5. All entertainment shall be performed in the restaurants
lounge area.
6. The exterior patio doors shall remain closed at all times
when entertainment is being provided. For the purpose of
this approval, said doors shall remain closed Wednesday
through Sunday, between the hours of 7:00 p.m. and 11:00
p.m.
7. There shall be no dancing permitted on the premises.
8. All entertainment shall comply with the City's noise
standards, both for interior and exterior noise, as set
forth in Chapter 13-D of the QQgg.
9. The applicant shall, in a location acceptable to the
Director of Development Services, prominently display the
above-listed conditions of approval within the restaurant's
lounge area.
10. The term of this permit shall be six (6) months after which
time the Planning Commission shall review and may extend the
permit provided that all conditions of approval have been
satisfied and no significant police problems have
occurred.
11. A Conditional Use Permit fee of $250 is to be paid by the
applicant to the City of Seal Beach in addition to an after-
the-fact fee of $250 imposed for conducting entertainment
without proper permits for a year and a half.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 4th day of
September 1991, by the following vote:
AYES: Commissioners Dahlman, Law, Orsini, Sharp.
NOES:
ABSENT: commissioner Fife.
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Anton Dahlman
Vice Chairman
Planning commission