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Home My WebLink AboutPC Res 93-46 - 1993-09-22 '. RESOLUTION No. 93-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING THE INDEFINITE EXTENSION OF CONDmONAL USE PERMIT #91-14, AN APPROVED ENTERTAINMENT CAPE AT AN EXISTING RESTAURANT AT 3005 OLD RANCH PARKWAY, SEAL BEACH, CA (SPAGHETTINI ROTISSERIE AND GRILL) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section I On August 13, 1993, Cary Hardwick, ("ApplIcant") f1Ied an applIcatIon for the mdefimte extensIOn of ConditIonal Use PermIt (CUP) #91-14 WIth the Department of Development Services. The ApplIcant seeks the mdefimte extensIOn of ConditIonal Use PermIt #91- 14, an approved entertaInment cafe for Spaghettml RotIssene and Gnll, 3005 Old Ranch Parkway, Seal Beach, CA pursuant to U28-13oo(5) and (7), 28-1400, 28-2503, and 28- 2504 of The Code of the City of Seal Beach. CA (Code). SectIon 2. Pursuant to 14 California Code of Regulations, fi15025(a) and fiII.B of the City's Local CEQA GUIdelInes, staff has determmed as follows: CUP #91-14 IS categorically exempt from reVIew, pursuant to the California EnVironmental Quality Act pursuant to 14 Calif. Code of Regs. U5301 (EXisting Uses), because it mvolves the neglIgible expansion of an exIsting use, pursuant to fi 15305 (Mmor Alterations in Land Use LimItations), because the proposal mvolves a mmor alteratIon m land use hmltatIon and does not mvolve either a property m excess of 20% slope or a change m land use or denSity, and finally, pursuant to fiI5061(b)(3), because It can be sen With certaInty that there IS no pOSSIbIlIty that the approval may have a slgmficant effect on the environment. SectIon 3. A duly notIced PublIc Heanng was held before the Planmng Commission on September 22, 1993 to conSider the applIcation for CUP #91-14. No eVidence, either oral nor wntten, was submitted for and agaInst the applIcatIon. Section 4. The record of the PublIc Heanng on September 22, 1993 mdlcates the followmg: (I) The subject property IS located at 3005 Old Ranch Parkway, Seal Beach (2) Chronology . May 1988 - The State's Department of AlcoholIc Beverage Control (ABC) placed eight (8) conditIons on thiS applIcant's alcohol lIcense. ConditIon #4 stated "There shall be no live entertamment, amplified musIc or dancing pemutted on the premISes at any tune". . March 16, 1988 - Planmng CommiSSIon approved CUP 88-1, a request for on-sale general lIquor at Spaghettlm's. The Planning ComrmsslOn granted an mdefimte extension of CUP #88-1 on Apnl 5, 1989, through the adoption of Resolution No. 1535 . July 18, 1991 - staff sent a letter to SpaghettIm's cIting a VIolatIon of the Code of the City of Seal Beach (Code), requmng cessation of lIve entertaInment untIl a CUP for lIve entertamment cafe was approved by the CIty l'Ice2 P1ummg CcxwmssIOll ReIoIubon No 93-46 Con<h..... u.. Penmt 1191-14 . September 4, 1991 - apphcant apphed for and receiVed CUP #92-14 (ResolutIon No, 1657). The applIcant was fined $500 for not having a CUP for entertamment. The City's Fmance Department mforms staff the applIcant paId thiS fine ConditIon of Approval #10 set the term of the pennlt for SIX (6) months With a review by the Planning Commission at that time. . 1992 - City of Seal Beach became aware of a diSCrepancy between the City's condItions and the ABC's condlbons, I.e., the City was permitting entertaInment whIle ABC was forblddmg It. The City contacted ABC to alert them of the discrepancy and to ascertaIn their feelIngs on thiS matter. ABC Inspector Jack VlVlano mfonned staff that ABC WIshed to review the sltuabon. Due to ABC staffing cutbacks It took untIl May 1993 for the ABC to reVIew Spaghettlm's and modify their conditIOns. . May 1993 ABC completed it's reVIew for possibly a1lowmg entertaInment at Spaghettlm's Rotlssene and Gnll (Spaghettlm's) and modified ItS ongmal conditions as follows: a. 1988: Sales, service and consumption of a1cohohc beverages was pennltted 11:00 a.m. - 10'00 pm. 11 00 a.m. - 11'00 P m. 11.00 a.m - 9.00 pm. Monday - Thursday Fnday -Saturday Sunday b 1993 Change: Sales, service and consumptIon of a1cohohc beverages are pennltted II 00 a.m. - 12'00 a m. DaIly c. CondItion #04/1988. There shall be no live entertamment, amplified musIc or dancing permitted on the prerrnses at any time". d. Condition #04/1993. There shall be no dancing permitted on the premIses at any time. e. #09 Added m 1993. As to the outdoor patIOS, there shall be no form of entertainment permitted at any tIme. f #10 Added m 1993: Ltve entertainment shall be permitted only between the hours of 7:00 p.m. and 11:00 pm Wednesday thru Sunday. (3) Subject property IS located m the Bixby Office Park, a multiple tenant, mIxed use project located at Seal Beach Boulevard and for 1-405 freeway (4) The surroundIng land uses and zomng are' NORTH A flood control channel and smgle family homes located m Rossmoor, an umncorporated commumty m the County of Orange. SOUTH The Beverly Manor reservOIr and fire stabon, separated from the subject property by the 1-405 freeway. EAST A vacant lot (fonnerly a service station) located m the PIc- 3 PIanama CammlalIOII _ No 93-46 Coodlbcmll UIe Pemut #91-14 General Commercial zone (C-2), separated from the subject property by Seal Beach Boulevard. WEST Office buIldmgs wlthm the Bixby Office Park (5) Spaghettini Rotlssene and Gnllls a full service restaurant mcorporatIng a lounge and dimng room of 8,474 square feet of gross floor area. (6) The hours of operatIon are: Monday thru Saturday Monday thru Thursday Friday and Saturday Sunday 11:00 a.m. - 3'00 p m. 4'00 p.m. - 10:00 p m 4:00 p.m. - 11:00 p.m. 3.00 p.m - 11.00 p.m (7) The hours of entertaInment are. Wednesday thru Sunday 7:00 p.m - 11:00 p.m (8) SpaghettIm's has been provldmg hvejazz musIc With no complaInts from nelghboong resIdents. (9) Chief of PolIce WIllIam Stearns has reviewed the PolIce Department records and has no reservatIons about penmttlng the mdefimte extensIOn of entertaInment at Spaghettlm's. (10) EntertaInment cafes are permitted m the C-2 zone, subject to the ISSuance ofa CUP. Section 5. Based on the facts contaIned m the record, mcludmg those stated m Section 4 of thiS resolutIon, and pursuant to ~ ~~ 28-2503 and 28-2504, the Planmng Commission hereby finds. I. The mdefimte extension of CUP #91-14 IS consistent with the City's General Plan which mdlcates the subject property IS to be used for general commercial purposes, whIch mcludes entertaInment cafes when approved through the CUP process 2. The bU1ldmg and property at 3005 Old Ranch Parkway are adequate m SIze, shape, topography and location to meet the needs of the proposed use of the property 3. ReqUIred adherence to apphcable buIldmg and fire codes ensure there Will be adequate water supply and utIlIties for the proposed use. 4. The provisIOn of a four (4) or fewer member lIve jazz ensemble 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 ABC should rmngate any negatIve Impacts to neighbonng reSidential propertIes. 5. ReqUITed adherence to the CIty's nOIse standards should mitIgate any negatIve Impacts to nelghbonng residential propertIes. 6. The Seal Beach PolIce Department has reVIewed thiS applIcanon and has no reservatIons regardmg the mdefimte extension of CUP #91-14. .... 4 PImnmc CommuaKJII R.cIoIubon No 93-46 CODddloDal UIIe Pcrmd.l9t~14 SectIon 6. Based on the foregomg, 1. CUP #91-14 is approved for an mdefimte extensIOn for an entertainment cafe at 3005 Old Ranch Parkway and IS issued to Cary HardWIck for Spaghettlm's Roossene and Gnll. 2 LIVe entertaInment shall be performed only between the hours of 7:00 p.m. and 11'00 p.m. Wednesday through Sunday mghts. LIVe entertaInment shall tennmate precisely at 11'00 p. m. 3 EntertaInment shall consist of no more than four (4) member ensembles. The form of entertaInment shall be lImited to Jazz musIc. AlteratIon of these standards shall be subject to review and approval by the Planmng Commission. 4. All entertaInment shall be performed m the restaurant's lounge area 5. The extenor patIo doors shall remaIn closed at all times when entertaInment IS bemg provided. For the purpose of thIS approval, SaId doors shall remaIn closed Wednesday through Sunday, between the hours of 7:00 pm. and 11:00 p.m. 6 All entertaInment shall comply With the City's nOIse standards, both for mtenor and extenor nOIse, as set forth in Chapter 13-D of the~. 7. As to the outdoor patios, there shall be no form of entertaInment permitted at any orne. 8 No dancmg shall be permitted on the premIses at any tIme. 9 The applIcant shall, m a locaoon acceptable to the Director of Development Services, prominently display the above-lIsted conditIons of approval wlthm the restaurant's lounge area PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meetIng thereof, held on the 22nd day of Septembe~ 1993 by the followmg vote: AYES Commlssloner(s) Sharp, Campbell, Law, Dahlman, Soukup NOES Commlssloner(s) ABSTAIN: CommlsslOner(s) ABSENT: ComrrnsslOner(s) ~tJ~ WhIttenberg ~ Secretary Planning Commission a~~ d/~ __ - Anton DaI1lman ChaIrmaIl Planning CommissIon