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HomeMy WebLinkAboutPC Res 93-53 - 1994-01-05 RESOLUTION NUMBER 93-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING A TWEL VB MONTH EXTENSION FOR CONDITIONAL USE PERMIT NO 92-13, PERMITTING THE CONTINUATION OF A SINGLE, NON-AMPLIFIED ENTERTAINER IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 143 MAIN STREET (pAPIllON RESTAURANT) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB Section I On September 9, 1992, Nader Tallvildan subnntted an application for ConditIOnal Use Pemut 92-13 Wlth the Department of Development Services SectIon 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the CIty's Local CEQA Guldeltnes, staffhas deternuned as follows The application for CUP No 92-13 IS categoncally exempt from reVIew pursuant to the California EnVIronmental Qualtty Act pursuant to 14 CalIf Code of Regs ~ 15301 (Existmg Uses), because the appltcation IS for an existmg use wluch IS not expandmg, pursuant to ~ 15305 (Minor Alterations 10 Land Use LimItations), because the proposal mvolves a minor alteration in a land use Itnntatlon and does not mvolve either a property 10 excess of 20% slope or a change in land use or density, and finally, pursuant to ~ 15061(b)(3), because It can be seen with certainty that there is no posslbiltty that the approval may have a SIgnificant effect on the environment In addItion, the requested eIght-month extensIOn is within the project descriptIon for Negative Declaration 92-8, which was adopted by the CIty Council on January 11, 1993, for the request for live entertainment on the subject property Section 3 A duly notIced publtc heanng was held before the Planning ComnusSlon on December 8, 1993 to conSIder the appltcation for extension of CUP No 92-13 No wntten evtdence was subnntted for or agatnst the project At the public heanng the appltcant spoke 10 favor of the request, no persons appeared m opposition with one person speaktng neutral Section 4 The record of the hearing on Decentber 8, 1993 indIcates the followmg (a) On September 9, 1992, Nader Tallvildan submitted an applicatIon for Condlttonal Use Pemut 92-13 Wlth the Department of Development Services (b) The appltcant requested approval of an entertamment cafe in conjunction Wlth an eXlstmg restaurant located at 143 Ma10 Street, Seal Beach (papillon Restaurant) The applicant requested approval to provide a single, non-amplified mUSIcian (pianist, V10ltniSt or harpist) dunng the dinner hours (c) The Planning Commission conducted a publtc heanng on ConditIOnal Use Pemut 92-13 on November 4, 1992, closed the publtc hearing, and approved the Condlttonal Use Pemut request on a 4-0-1 vote, with Comnussloner Orsuu being absent, and adopted ResolutIon No 92-48, sett10g forth 15 conditIons of approval on November 18, 1992, after finding the project categoncally exempt from the provisions ofCEQA (d) CondItIon No 14 of Resolution No 92-48 establislted an IIUtial term offour months, and indicated a eight-month review would be considered upon completton of the imtial four month term (e) Due to commumty concerns as to whether a series of applications for uses proposed for other propertIes on Main Street may have a cumulative Impact, the CIty Council 1'\ 1OJi"R9>.D OCX:~ Planntng Commtss1on Resolul1on No 93-53 January 5, 1994 mstructed staff Inter alIa. to prepare an Imtlal Study for the present appbcatton and all future applicatIOns mvolving new or expanded uses on Main Street (f) Pursuant to 14 CalIf Code of Regs ~ 15025(a) and fi II C and ill of the CIty'S Local CEQA Guidelmes, staff prepared an Imtlal Study and a Negative Declaration winch were circulated for public review and comment from December 18, 1992 to January 11, 1993, in compbance Wlth the provisions of the California Envtronmental QualIty Act and the CIty'S Local CEQA Guidelmes (g) An appeal of the approval by the Planning COlIlllUssion of the requested Conditional Use Permit was duly filed Wlth the CIty, and the CIty Counctl held a duly noticed pubbc hearing on January 4, 1993 (h) On January 11, 1993, the City Council received additional comments on the Imtlal Study and Negative DeclaratIOn, received an additional staff report which dISCUSsed Issues rll1sed at the January 4, 1993 public hearing, receIved pubbc testimony, closed the public hearmg, and detenmned to approve the Negative DeclaratIon and sustain the recommendation of the Plannmg COlIlllUssion on a 3-1-1 vote (I) On January 25, 1993, the CIty Council adopted Resolution No 4197, adopting NegatIve Declaration 92-8, and approving CondItional Use Penmt 92-13, denying the appeals filed regarding this matter, subject to 15 condItIons ( Same as approved by the Planmng CommISSIOn In ResolutIon No 92-48) (J) A ''Notice ofDeterDlinatlon" regardmg CondItional Use Permit 92-13 was properly filed with the Orange County Clerk on January 15, 1993 for the requIred 30-day notification penod The document was returned from the County Clerk's Office Wlth a notIce of postmg and filed on February 16, 1993 (k) On June 9, 1993, the Planmng COlIlllUssion held a duly noticed pubbc hearing and granted an eight (8) month extension of CUP 92-13 (I) This hearing is for the second, eIght (8) month revtew, and to consider the recommended twelve-month extension (m) The subject property has 75 feet of frontage on Main Street, contains apprOlomately 8,813 square feet ofland area and IS located at the southwesterly corner of Main Street and Central Avenue (n) The subject property IS legally descnbed as Lots 43, 45 and 47, Block 8, Bay CIty Tract, m the City of Seal Beach, County of Orange, State of Cabfornia, as per map recorded in Book 3, Page 19 of Miscellaneous Maps ofsll1d County (0) The subject property contams a one-story restaurant located on the southerly portIon of the property, with an open parkmg area located adjacent to Central Avenue (p) The subject property IS legally nonconfonmng due to inadequate parking The subject structure contains approximately 2,784 square feet ofintenor space, requmng 28 parking spaces The subject property prOVIdes the folloWlng parking . . Nmeteen (19) on-site parking spaces Nine (9) grandfathered parking spaces pursuant to Variance 2-89 (q) The property currently contams an eXIsting restaurant Wlth a currently valId alcohol-related land use permit for on-sale general liquor, which operates during the following hours . . 11 00 A M to 1 00 AM, Monday through Saturday 900AM to 11 OOPM, Sunday 1=\ 'OJPIR.o.o aa:1.. Page 2 Planmng CommtSS10n Resolulton No 93-53 Janwuy 5, 1994 (r) The entertainment use pernut restncts the provision of smgle, non-amplIfied entertaInment (pianist, Vlohnist, gultanst or harpist) between 7 00 P M and 11 00 P M (s) The surrounding land uses and zoning are as follows NORTH Existing restaurant in the Service Commercial (C-l) zone SOUTH & EAST Mixed commercIal uses in the Service Commercial (C-1) zone WEST Grace Brethren Church m the Residential High Density (RHO) zone (t) Main Street is a secondary street developed to its ultunate right-of-way Wldth of 80 feet Central Avenue is a local street developed to its u1tunate right-of-way width of 60 feet (u) The subject property has previously recetved the following approvals from the City (I) Variance 15-84 for the provision offewer than the required number of parking spaces (2) Condittonal Use Pernut 19-84 for on-sale beer and wme In cOllJunctton with a delicatessen restaurant, issued to Old Town Wine and Gourmet (3) Conditional Use Pemut 22-84 to permit the establishment of a take-out deltcatessen restaurant (4) Variance 2-89 for the provision offewer than the required number of parking spaces in conjunction with a new restaurant (5) Conditional Use Pemut 2-89 for an alcohol-related land use permit for on-premise general liquor sales in conjunction with a new restaurant (v) Wt1liam Stearns, Chtef ofPohce, revlewed the initial request and had no concerns about the proposed entertainment (w) The subject property IS located over 150 feet from the nearest residentIal structure SectIon 5 Based upon the facts contamed in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2503 and 28-2504 of the City's Code. the Plannmg COmmtSSIOn hereby finds as follows (a) Staff inspected the subject property on numerous occasions over the past eIght (8) months and found the subject property to be abiding by all conditions of approval of CUP 92-13 as set forth m City CounCJl Resolution No 4197 (b) The granting ofan twelve (12) month extensIOn of CUP 92-13 IS consistent Wlth the prOVISIons of the General Plan whtch indIcate the subject property IS to be used for servtce commercial purposes (c) The buildmg and property at 143 Main Street are adequate 10 SIZe, shape, topography and locatIon to meet the needs of the extstmg use of the property (d) RequIred adherence to appbcable building and fire codes ensure there Wlll be adequate water supply and utilities for the proposed use (e) The continuation of the use of the subject property as a restaurant servmg beer, wine and distilled spirits on the premises, Wlth a smgle, non-amplified entertainer, IS compatible Wlth the mtended character of the Main Street area Adherence to the conditions of 1'\ 'OJPIR.>.D OCCI.. Page 3 Planmng COmmtSS10n Resolutton No 93-53 lanwuy 5, 1994 approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control sltould mitigate any negative impacts to nelghbonng reSIdential properties (f) The Seal Beach Police Department has reviewed the exJsting records of the restaurant and has no reservations regarding the requested extensIon of the conditional use penmt Section 6 Based upon the foregoing, the Planning COlJIJIIJsSlon hereby approves a twelve (12) month extension for Conditional Use Permit 92-13, subject to the followmg condItions 1 CUP # 92-13 IS approved for the estabhshment of an entertainment cafe prOVIding non-amphfied entertainment by no more than a single mUSIcian at 143 Main Street The requirement for non-amplification sltall not preclude use by the entertainer of a lugh quality, unidrrectional microphone so utilized as to primarily pick up the entertainer's voice The instruments shall be one of the following category ofacoustlcalmstruments guitar, harp, piano or violin 2 The apphcant remains bound by the conditions of CUP No 2-89 and Vanance No 2-89 3 The Apphcant shall not permit singing or dancing by patrons on the subject property 4 The City reserves the right to revoke entertainment privileges at any tlnle pursuant to a noticed public hearing before the Plannmg Commission for any VIolation of these conditions or of the Code of the City of Seal Beach, or, in the absence ofa violation of these conditions, tfthe Commission or Council, upon appeal, deems the exercIse of such privileges to be incompatible with the neighborhood 5 All entertamment shall comply With the nOise requirements set forth in Chapter 13-D of the Code of the City of Seal Beach. as those regulations now exJst or are hereafter amended 6 Tlus CUP is subject to the City's action on a future zoning text amendment regarding entertainment cafes and the conditional approval herein shall confer no exemption from the proVIsIOns of any subsequently enacted ordinance governing the estabhshment and maintenance of entertainment cafes, even if such ordmance prolubits entertamment at the subject property, In which case this penmt shall be rendered null and VOId and any entertainment on the site shall cease upon the effective date of any such ordinance 7 The apphcant shall comply with all restnctlons placed on its license from the California Department of Alcohohc Beverage Control (ABC) 8 The Applicant shall SIgn and return to the CIty an "Acceptance of ConditIons" form and prOVIde the City with evidence satisfactory to the Department of Development Se1'Vlces that the operation ofan entertainment cafe does not Violate any condition of the ABC license issued for tlus property 9 Entertainment shall begm no earlier than 7 00 P M and shall end no later than 11 00 P M 10 The applicant shall prommently display the conditions of approval of this CUP Wltlun the restaurant's lounge and dining areas, m one or more locations acceptable to the DIrector of Development Services 11 This Conditional Use Penmt shall not become effective for any purpose unless the "Acceptance of Conditions" form (Condition 8 above) has been signed by the Applicant and property owner, signed before a notary or a City staff member subject to proper Identification, and returned to the Department of Development Services, untd the ten (10) day appeal penod has elapsed, and, until the applicant pays a fee to offset all City costs Incurred in the processing of tlus requested extensIOn mcluding but not lllrnted to staff report preparation, one-half of parking survey costs, and costs associated With the actual 1'\ 'ilJ1>.R9>.D 90:1. Page 4 , , , Planntng CommtSS1on ResoluUon No 93-53 Janwuy 5, 1994 public hearing The CIty will provide the applicant with an itemized inVOIce upon completIon of the public hearing The applicant shall pay all fees with fourteen (14) days of his receipt of the invoice 12 A new Conditional Use Permit for the use contemplated herein shall be requIred when any of the followmg occur (a) The estabhsl1ment proposes to modifY any of its current conditions of approval, or (b) There is a substantial change m the mode or character of operations of the establishment 13 The term of this permit shal1 be for twelve (12) months, after which time the ConumsslOn shall review the use and may mdefinitely extend it provided all condItions of approval have been satisfied and no extraordinary demand for law enforcement servtces occurs WIth respect to the subject property, or other significant problems assocIated WIth the entertainment use anse 14 The Applicant sltall inden1nifY, defend and save harmless the City of Seal Beach, ItS officers, agents and employees (collectively, ''the City") from and against any and all liabibty or expense, whatsoever occurring or resulting to persons or property for damage, bodily injury or death ansmg out of or in connection with the Issuance of this approval or the exercIse of the rights accruing from tlus approval, and sltall spectfica1ly include, without lumtatlOn, all challenges to, or claims, lawsuits or actions anslng from, the issuance of this approval Applicant's obligation to Indemmfy, defend and save harmless the CIty sltall Include, but not be limited to, defense costs and fees Incurred by legal counsel of the City's chOIce PASSED, APPROVED AND ADOPTED by the Plannmg Conumssion of the City of Seal Beach at a meeting thereof held on the 5th day of January, 1994 by the following vote AYES Commissioners 9~II9RP; LI9tv, DI9H.l.NI9~ tJA?P;/3u/"- NOES Commissioners ABSENT Commissioners SD I.J /( tiP LiZv Plannmg Commission .- Wluttenberg, Secretary Planmng CommissIOn 1'\ 'CUP1Ro> oD BCC ~ Page 5