HomeMy WebLinkAboutPC Res 92-48 - 1992-11-18
RESOLUTION NUMBER 92-48
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING CUP NO 92-13, PERMITTING A SINGLE,
NON-AMPLIFIED ENTERTAINER IN CONJUNCTION WITH AN EXISTING
RESTAURANT AT 143 MAIN STREET, SEAL BEACH (pAPILLON
RESTAURANT)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
SectIon I On September 9, 1992, Nader TaltVlldan ("the Appbcant") filed an
appbcatlon for Conditional Use Permit No 92-13 WIth the Department of Development SeTVIces
The Applicant seeks to estabhsh an entertainment cafe In conJunctIon WIth Papdlon Restaurant, an
exJstmg restaurant at 143 MlUn Street, Seal Beach pursuant to ~ 28-1300(8)(1) of the Code of the
City of Seal Beach The Appbcant WIshes to provIde a Single, non-amplified mUSICIan, such as a
plaDJSt, Vlobmst, harpist or a gUltanst, dunng evening dlmng hours
Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the
CIty's Local CEQA Guldehnes, staff has detemuned as follows The apphcatlon for CUP No
92-13 IS categoncally exempt from reVIew pursuant to the CahfoTDIa EnVIronmental QUalIty Act
pursuant to 14 Cabf Code of Regs ~ 15301 (EXIsting Uses), because It mvolves the negbgJble
expansIOn of an eXIstmg use, pursuant to ~ 15305 (MInor AlteratIons m Land Use LimItatIOns),
because the proposal Involves a mmor alteration m a land use hnutatlOn and does not Involve
either a property m excess of20% slope or a change In land use or denSity, and finally, pursuant
to ~ 15061 (b )(3), because It can be seen WIth certamty that there IS no pOSSlb1llty that the
approval may have a slgmficant effect on the environment
SectIOn 3 A duly notIced pubbc heanng was held before the Planmng
CommiSSIon on November 4, 1992 to conSider the appbcatlOn for CUP No 92-13 EVIdence,
both wntten and oral, was subnutted for and against the prOJect
SectIon 4
The record of the heanng on November 5, 1992 mdlcates t1te
follOWIng
(a) The subJect property IS located at the southwestern comer of Central
Avenue and MlUn Street and contains approXImately 8,813 square feet The property has
approXImately 75 feet of frontage on MaIn Street and IS generally flat and rectangular Mam
Street and Central Avenue are developed to their ultimate nghts-of-way of eighty feet (80') and
sIxty feet (60'), respectIvely
(b) The property currently contlUns an eXIstmg restaurant WIth a currently valId
alcohobc beverage license for on-sale general bquor which operates dunng the followmg hours
11 00 a m to 1 00 am, Monday through Saturday
900am to 11 OOpm, Sunday
(c) The subject property's surroundmg land use and zomng clasSificatIOns are
as follows
NORTH
EXIstmg restaurant In SeTVIce CommercIal (C-l) Zone
SOUTH & EAST
CommerCIal retllll busmesses m the SeTVIce CommercIal
(C-l) Zone
WEST
Grace Brethren Church m the ReSidential HIgh DeI1slty
(RHO) Zone
(d) The subJect property has preVIously receIved the followmg approvals from
the Planmng CommIssIon
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Plann1ng Comm1ss1on Resolut1on 92-48
(I)
of on-site parking spaces
Vanance 15-84 for the prOVISIon offewer than the requIred number
(2) Condition Use Pemut 19-84 for on-sale beer and WIne sales m
conJunctIon WIth a dehcatessen restaurant, ISSUed to Old Town Wme and Gourmet
(3) CondItional Use Pemut 22-84 to pemut the estabhshment of a
take-out delicatessen restaurant approved January 1985
(4) Variance 2-89 for the proVISion offewer than the requIred number
of on-sIte parkmg spaces m conJunction with a new restaurant
(5) CondItional Use Permit 2-89 for an on-sale general hquor sales m
conJunction WIth a new restaurant
(e) The Department of Development SeTVIces deems the property to meet all
parking requIrements of the CIty's Code
(f) The Seal Beach Pohce Department reVIewed the application for CUP No
92-13 and reports that it has no reservations regardmg the proposed entertainment cafe
(g) The City received three comments m response to the notices of the heanng
on CUP No 92-13 two (2) opposed to the apphcatlOn (one wntten and one oral) and one (1)
wntten response m favor of the applicatIOn No comments were received from the Grace
Brethren Church, although the numster of that church did state Ins opposition to a SImIlar
apphcatlon (a moddicatlon of CUP No 92-8 to extend the hours of operatIon of the SeaSide Gnll)
heard by the Planmng ComnusslOn on t1te same evemng as t1te present apphcatlon
(h) Staffmspected the subJect property on October 29, 1992, and found that
the applcant has comphed WIth all condItIons of approval of CUP No 2-89
(I) The subJect property IS located over 150 feet from the nearest reSIdentIal
structure
(k) Non-amphfied musIc IS normally qUieter than stereo systems, which are
pemutted by nght under the CIty's wmng ordmance Both hve mUSICians and stereo musIc are
required to abIde by the CIty'S nOIse standards, but enforcement of nOIse restnctlons on
entertlUnment cafes IS aIded by the conditional use pemut reqUirement for such uses, winch
permits the ImpOSItion of appropnate condItIons of approval and, If appropnate, the revocatIOn of
such a pemut If nOIse VIolations occur
Q) Paplllon Restaurant IS a full-seTVIce restaurant featunng contmental cUlsme
and has no Instory of extraordmary demands for pohce seTVIces or of nUisance complamts from
nelghbonng reSIdents
Section 5 Based upon the facts contlUned m the record, mcludmg those stated m
~ 4 of tins resolutIon, and pursuant to ~~ 28-2503 and 28-2504 of the CIty'S Code. the Plarmmg
CommissIOn hereby finds as follows
(a) CUP No 92-13 IS consIstent WIth the proVISions of the Land Use Element
of the Clty'S General Plan, which prOVides a "seTVIce commercIal" deSIgnatIOn for the subJect
property and permits entertaInment cafes subJect to the Issuance of a Conditional Use Pemut
The use IS also consistent WIth the remalmng elements of the City'S General Plan as the pohcles of
those elements are consIstent WIth, and reflected in, the Land Use Element Accordmgly, the
proposed use IS consIstent WIth the General Plan
(h) The buddmg and property at 143 MlUn Street are adequate m Size, shape,
topography and locatIOn to meet the needs created by the proposed use of the property
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Plann~ng Comm1ss1on Resolut1on 92-48
(c) ReqUIred adherence to appbcable bUlldmg and fire codes ensures there WIll
be adequate water supply and utilitIes for the proposed use
(d) As condItIoned hereby, approval ofnon-amphfied, hve entertlUnment at the
SIte WIll be compatible WIth surroundmg uses and the commumty m general and WIll not be
detnmental to the neIghborhood
SectIOn 6 Based upon the foregomg, the Planmng Commission hereby
approves CondItIOnal Use Pemut 92-13, subJect to the folloWIng conditions
1 CUP No 92-13 IS Issued to Nader TaltVlldan for the estabhshment of an
enterta.mment cafe proVldmg non-lUDphfied enterta.mment by a smgIe mUSICIan at 143 Mam Street
2 CUP No 92-13 IS non-transferrable
3 The Apphcant remams bound by the conditIOns of CUP No 2-89 and
Vanance No 2-89
4 The Apphcant shall not pemut smgmg or dancmg on the subJect property
5 The Planmng ComnusslOn reserves the nght to revoke entertainment
pnvlleges at any tIme pursuant to a notIced pubhc heanng for Violation of these condItions or of
the Code of the City of Seal Beach. or, ID the absence ora VIolation of these condItIOns, Iftlte
CommiSSIOn deems the exercIse of such pnvdeges to be mcompatlble WIth the neIghborhood
6 All entertaInment shall comply With the nOIse reqUIrements set forth m
Chapter 13-D of the Code of the City of Seal Beach, as those regulatIons now exiSt or are
hereafter amended
7 Tins CUP IS subJect to the CIty'S action on proposed Zomng Text
Amendment 92-2 and the condItIOnal approval herem shall confer no exemptIOn from the
proVIsIOns of any subsequently enacted ordmance governmg the establishment and mlllntenance of
entertlUnment cafes
8 The Apphcant shall comply WIth all restnctlons placed on Its hcense from
the Callforma Department of Alcohohc Beverage Control (ABC)
9 The Apphcant shall Sign and return to the CIty an "Acceptance of
CondItIOns" form and prOVIde t1te CIty WIth eVIdence satiSfactOry to the Department of
Development SeTVIces that the operation of an entertamment cafe does not VIolate any condition
of the ABC hcense Issued for tins property
10
than II 00 P m
Entertlllnment shall begm no earher than 7 00 P m and shall end no later
11 The Apphcant shall prommently display the conditions of approval of tins
CUP Wltlnn the restaurant's lounge and dmmg areas, m one or more locatIOns acceptable to the
Director of Development ServIces
12 Tins ConditIOnal Use PermIt shall not become effectIve for any purpose
unless the "Acceptance of ConditIOns" form (condItIOn 9 above) has been SIgned by the Appbcant
and property owner, Signed before a notary or a City staff member subJect to proper
IdentificatIOn, and returned to the Department of Development SeTVIces, and untd the ten (10) day
appeal penod has elapsed
13 A new Conditional Use Permit for the use contemplated hereIn shall be
reqUIred when any of the follOWIng occur
(a) a transfer ofmaJonty ownership of the busmess,
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PllUUUIlg CormnlSS1on Resolution 92-48
(b) the establishment proposes to moddy any of Its current condItIons of
approval, or
( c) there IS a substantial change In the mode or character of the operations of
the establishment
14 The term of tins permit shall be four (4) months from the date that
entertainment beginS on the subJect property At the end of the four-month term of tins permit,
the Applicant may apply for an eight-month extensIOn of CUP No 92-13 The Comnusslon may
grant such an eight-month extension proVIded all condItIons of approval have been met and no
extraordinary demand for law enforcement ServJces occurs WIth respect to the subJect property, or
other slgmficant problems assocIated WIth the entertlUnment use anse If such an eight-month
extensIOn IS approved, the Applicant many then apply for a twelve-month extenSion, and then for
a third, mdefimte extension of CUP No 92-13 under the standards of the Code of the City of Seal
Beach and the standards of this condition for the Issuance of the Imtlal, eight-month extensIOn
15 The Apphcant shalllndemmJy, defend and save harmless the City of Seal
Beach, ItS officers, agents and employees (collectively, "the City") from and agamst any and all
hablllty or expense, whatsoever OCCUTnng or resultmg to persons or property for damage, bodily
mJury or death ansmg out of or In connectIOn WIth the Issuance of thiS approval or the exercise of
the nghts accrumg from thiS approval, and shall speCIfically mclude, WIthout limitation, all
challenges to, or elalms, laWSUits or actIOns ansmg from, the Issuance of tins approval
Apphcant's obhgatlon to mdemmJy, defend and save harmless the City shall melude, but not be
hmlted to, defense costs and fees mcurred by legal counsel of the CIty's chOIce
PASSED, APPROVED AND ADOPTED by the Planmng ComnusslOn of the City of Seal Beach
at a meetmg thereof held on the 18th day of November 1992 by the follOWIng vote
A YES CommISSioners FIfe. Sham. Dahlman. Law
NOES ComnusslOners
ABSENT CommIssioners Orslm
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