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HomeMy WebLinkAboutPC Res 92-29 - 1992-10-07 RESOLUTION NUMBER 92-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT 91-16, APPROVING THE ESTABLISHMENT OF AN ENTERTAINMENT CAFE IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 16281 PACIFIC COAST mGHW A Y, SEAL BEACH (NOELS) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE WHEREAS, on August 28, 1991, Salvatore Cameha filed an apphcatlOn for CondItIonal Use Penmt 91-16 With the Department of Development SelVlces, and WHEREAS, specifically, the applIcant requested to estabhsh an entertamment cafe m conjunctIon With an eXIstmg restaurant at 16281 PaCIfic Coast I:IIghway, Seal Beach (Noel's), and WHEREAS, the Planrnng ComrmsslOn held a duly notIced pubhc heanng on October 2, 1991 and approved CUP 91-16, subject to 10 conditions, and WHEREAS, the subject property IS located on the southwesterly Side of Pacific Coast I:IIghway approXImately 175 feet west of the centerlme of Anderson Street, and WHEREAS, the subject property IS legally descnbed as Orange County Assessor's Parcel Number 178-502-42, and WHEREAS, the restaurant has been operated m a Similar manner for over 30 years With no adverse effects The City has no records as to the actual construction date of the structure However, the restaurant was m operation m 1968 when the Surf side Colony was annexed mto the CIty of Seal Beach, and WHEREAS, the Planmng CommISSion approved the on-sale selVlce of beer, Wine and dIstilled Splnts through the approval of CUP 2-81 and transferred the hcense through the approval of CUP 91-8, and WHEREAS, the subject property IS legally nonconfonrnng due to madequate parkIng and a reSidential urnt above, and WHEREAS, the proposed hours of operation for entertamment are 7 00 P m to 11 00 pm, Wednesday through Sunday, and WHEREAS, the surroundmg land uses and zoning are as follows SOUTH Across PacIfic Coast Highway IS a mixture of commercIal uses located m the CIty ofHuntmgton Beach Smgle-famlly dwelhngs located Wltlun the Surf sIde Colony m the ReSidentIal Low DenSIty zone, (RLD) NORTH EAST A used automobile dealerslup m the General Commercial zone, (C-2) WEST PacIfic Coast I:IIghway, and WHEREAS, CluefofPohce WlIham Steams has reviewed the eXIstmg records, and has no reservatIOns about penmttmg the proposed mdefirnte extenSIOn, and C\AMlPRO\DOCS\CUP\R9II6B Beebe . Planmng Commission Resoluuon 92-29 October 7,1992 WHEREAS, a duly noticed publIc heanng was held on October 7, 1992, to consIder an mdefimte extensIOn of CUP 91-16, and WHEREAS, the Planning Comnusslon makes the followmg findmgs 1 The grantmg of CUP 91-16 IS consIstent WIth the prOVISions of the General Plan whtch mdlcate the subject property IS to be used for general commercIal purposes, whtch mcludes entertamment cafes when approved through the CUP process 2 The butldmg and property at 1628 I PacIfic Coast Htghway are adequate m size, shape, topography and location to meet the needs of the proposed use of the property 3 ReqUIred adherence to apphcable bUlldmg and fire codes ensure there WIll be adequate water supply and uttlltles for the proposed use 4 The prOVISIon of a entertainment playmg PolyneSian musIc IS compatible WIth the surroundmg neighborhood Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of AlcoholIc Beverage Control should nutlgate any negative Impacts to nelghbonng reSIdential properties 5 ReqUired adherence to the City'S nOIse standards should nutlgate any negative Impacts to nelghbonng reSIdential properties 6 The Seal Beach PolIce Department has reviewed the extstmg records of the restaurant and has no reservations regardmg the requested lIcense NOW, THEREFORE BE IT RESOLVED that the Planning ComnusslOn of the City of Seal Beach does hereby approve an mdefimte extensIOn of CUP 91-16, subject to the following condItions I CUP 91-161s approved for an entertamment cafe at 16281 PaCific Coast Htghway and IS ISSUed to Salvatore CamelIa 2 CUP 91-161s non-transferrable 3 Live entertamment shall be perfonned only between the hours of 7 00 P m and I I 00 pm, Wednesday through Sunday mghts LIVe entertlUnment shall tenrunate precisely at 11 OOpm 4 Entertamment acts shall consist of no more than five (5) entertlUners playmg and/or smgmg musIc AlteratIon of these standards shall be subject to reVIew and approval by the Planning ComnusslOn 5 All entertaInment shall be perfonned m the restaurant's lounge area 6 The exterior lounge doors shall not be left open at any time when entertlUnment IS being " llroVlded 7 There shall be no customer dancmg penmtted on the prenuses 8 All entertlUnment shall comply WIth the CItY'S nOIse standards, both for mtenor and extenor nOIse, as set forth m Chapter 13-D of the Code 9 The applIcant shall, m a locatIOn acceptable to the DIrector of Development SelVlces, pronunently display the abovelIsted conditIOns of approval Wlthtn the restaurant's lounge area C \AMlPRO\IXX:S\CI.JP\RI 16B ace be Page 2 " Planmng ComInlSSlon ResoluUon 92-29 October 7, 1992 10 This condItIOnal use penmt shall not become effecttve for any purpose unless an "acceptance of condlttons" form has been signed by the appltcant and property owner, notarized or Signed before a CIty staff member subject to proper IdentificatIOn, and returned to the Department of Development SeMces, and until the ten (10) day appeal penod has elapsed 11 The Planmng ComnusslOn reserves the nght to revoke thts condItIOnal use permit If any VIolation of these condlttons or the Code of the CIty of Seal Beach occurs PASSED, APPROVED AND ADOPTED by the Planning ComnusslOn of the CIty of Seal Beach at a meetmg thereof held on the 7th day of October 1992, by the followmg vote AYES Dahlman. Sham. OrsIni NOES ABSENT FIfe. Law /2L Ai /0? I~ ~_ Anton Dahlman, VIce Chlllrman Planning Commission Whtttenberg, Secr Planmng Comnusslon C \AMtPRO\DOCS\ClJJI\R9I 168 Bee be Page 3