Loading...
HomeMy WebLinkAboutPC Res 93-33 - 1993-06-23 ~ RESOLUTION NUMBER 93-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN EIGHT 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 1 On September 9, 1992, Nader Tahvildari submItted an application for Conditional Use Permit 92-13 with 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 GUIdelines, staff has determined as follows The application for CUP No 92-13 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (Existing Uses), because the application is for an existing use whIch is not expanding, pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal Involves a minor alteration in a land use limitation and does not involve either a property In excess of20% 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 pOSSIbility that the approval may have a sigmficant 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 II, 1993, for the request for live entertainment on the subject property Section 3 A duly noticed public hearing was held before the Planning Commission on June 9, 1993 to consider the application for extension of CUP No 92-13 No written evidence was submitted for or against the project At the public hearing _ representatives of the applicant spoke in favor of the request with _ persons appearing in opposition Section 4 The record of the hearing on June 9, 1993 indicates the following (a) On September 9, 1992, Nader Tahvildari submitted an application for Conditional Use Permit 92-13 with the Department of Development Services (b) The applicant requested approval of an entertainment cafe in conjunction with an existing restaurant located at 143 Main Street, Seal Beach (Papillon Restaurant) The applicant requested approval to provide a single, non-amplified mUSician (pianist, violinist or harpist) during the dinner hours (c) The Planning Commission conducted a public hearing on Conditional Use Permit 92-13 on November 4, 1992, closed the public heanng, and approved the Conditional Use Permit request on a 4-0-1 vote, with Commissioner Orsini being absent, and adopted Resolution No 92-48, setting forth 15 conditions of approval on November 18,1992, after finding the project categorically exempt from the provisions of CEQA C \AMIPRO\DOCS\C'UP'lRQ2.138 BCC bee Plannmg ComnllSSlon Resolu\lon No. 92-33 June 23, 1993 (d) Condition No 14 of Resolution No 92-48 estabhshed an initial term offour months, and indicated a eight-month review would be considered upon completion of the initial four month term (e) Due to community concerns as to whether a series ofapplications for uses proposed for other properties on Main Street may have a cumulative impact, the City Council instructed staff inter alia, to prepare an Imtlal Study for the present application and all future applications involving new or expanded uses on Main Street (f) Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ 11 C and III of the City's Local CEQA Guidehnes, staff prepared an Initial Study and a Negative Declaration which were circulated for public review and comment from December 18,1992 to January 11, 1993, in comphance with the provisions of the Cahfornia Environmental Quality Act and the City's Local CEQA Guidelines (g) An appeal of the approval by the Planning Commission of the requested Conditional Use PermIt was duly filed with the City, and the City Council held a duly noticed public hearing on January 4, 1993 (h) On January 11, 1993, the City Council received additional comments on the Initial Study and Negative Declaration, received an additional staff report which discussed issues raised at the January 4, 1993 public hearing, received pubhc testimony, closed the public heanng, and determined to approve the Negative Declaration and sustaIn the recommendation of the Planning Commission 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 Permit 92-13, denying the appeals filed regarding this matter, subject to 15 conditions ( Same as approved by the Planning Commission in Resolution No 92-48) G) A "Notice of Determination" regarding Conditional Use Permit 92-13 was properly filed With the Orange County Clerk on January 15, 1993 for the required 30-day notification period The document was returned from the County Clerk's Office with a notice of posting and filed on February 16, 1993 (k) This hearing is for the initial four month review, and to consider the recommended eIght-month extension (I) The subject property has 75 feet offrontage on Main Street, contains approximately 8,813 square feet ofland area and is located at the southwesterly corner of Main Street and Central Avenue (m) The subJect property is legally described as Lots 43,45 and 47, Block 8, Bay City Tract, in the City of Seal Beach, County of Orange, State of California, as per map recorded in Book 3, Page 19 of Miscellaneous Maps of said County (n) The subject property contains a I-story restaurant located on the southerly portion of the property, with an open parking area located adjacent to Central Avenue (0) The subject property is legally nonconforming due to Inadequate parkIng The subject structure contains approximately 2,784 square feet of interior space, requiring 28 parking spaces The subject property provides the following parking * * Nineteen (19) on-site parking spaces Nine (9) grandfathered parking spaces pursuant to Variance 2-89 (p) The property currently contains an existing restaurant with a currently valid alcohol-related land use permit for on-sale general liquor, which operates during the following hours' C \AMIPRO\DOCS\CUP\R1l2-13B BCC bee Page 2 PlallDmg CommiSSion Resolution No 92-33 June 23, 1993 * * 11 00 A M to I 00 AM, Monday through Saturday 9 00 A M to 11 00 PM, Sunday The entertainment use permit restncts the provision of single, non-amplified entertainment (piamst, violinist, guitanst or harpist) between 7 00 P M and 11 00 P M (q) The surrounding land uses and zoning are as follows. NORTH Existing restaurant in the Service Commercial (C-I) zone SOUTH & EAST Mixed commercial uses in the Service Commercial (C-I) zone WEST Grace Brethren Church in the Residential High Density (RHO) zone (r) Main Street is a secondary street developed to its ultimate right-of-way width of 80 feet Central Avenue is a local street developed to its ultimate nght-of-way width of 60 feet. (s) The subject property has previously received the following approvals from the City (1) Variance 15-84 for the provision off ewer than the required number of parking spaces (2) Conditional Use Permit 19-84 for on-sale beer and wine In conJunction with a delicatessen restaurant, issued to Old Town Wine and Gourmet (3) Conditional Use PermIt 22-84 to permit the establishment ofa take-out delicatessen restaurant (4) Variance 2-89 for the provision off ewer than the required number of parklDg spaces In conjunction with a new restaurant (5) Conditional Use Permit 2-89 for an alcohol-related land use permit for on-premise general hquor sales in conjunction with a new restaurant (t) William Stearns, Chief of Police, reviewed the initial request and had no concerns about the proposed entertainment (u) The subject property is located over 150 feet from the nearest residential structure Section 5 Based upon the facts contained 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 Planning Commission hereby finds as follows (a) Staff inspected the subject property on May 24, 1993 and found the subject property to be abiding by all conditions of approval of CUP 92-13 as set forth in City Council Resolution No 4197 (b) The granting of an eight (8) month extension of CUP 92-13 is consistent with the provisions of the General Plan which indicate the subject property IS to be used for service commercial purposes (c) The building and property at 143 Main Street are adequate in size, shape, topography and location to meet the needs of the existing use of the property (d) Required adherence to apphcable building and fire codes ensure there will be adequate water supply and utilities for the proposed use C\AMIPRO\DOCS\CUP\R!l2-I3B BtCba: Page 3 Planmng CommISSion Rcsoluuon No 92-33 Jnne 23, 1993 (e) The continuation of the use of the subject property as a restaurant serving beer, wine and distilled spirits on the premises, with a single, non-amplified entertainer, is compatible with the intended character of the Main Street area Adherence to the 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 (f) The Seal Beach Police Department has reviewed the existing records of the restaurant and has no reservations regarding the requested extension of the conditional use permit Section 6 Based upon the foregoing, the Planning CommIssion hereby approves an eight month extension for Conditional Use Permit 92-13, subject to the following conditions 1 CUP # 92-13 IS approved for the establishment of an entertainment cafe providing non-amplified entertainment by no more than a smgle musician at 143 Main Street. The requirement for non-amplification shall not preclude use by the entertainer of a high quahty, umdlrectional microphone so utihzed as to primarily pick up the entertainer's voice The instruments shall be one of the following category of acoustical instruments guitar, harp, piano or violin 2 The applicant remains bound by the conditions of CUP No 2-89 and Variance No 2-89 3 The Applicant shall not permit singing or dancing by patrons on the subject property 4 The CIty reserves the right to revoke entertainment privileges at any time pursuant to a noticed public hearing before the Planning 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, If the Commission or Council, upon appeal, deems the exercise of such privileges to be incompatible with the neighborhood 5 All entertainment 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 eXIst or are hereafter amended 6 This CUP is subject to the City's action on proposed Zoning Text Amendment 92-2 and the conditional approval herein shall confer no exemption from the provisions of any subsequently enacted ordinance governing the establishment and maintenance of entertainment cafes, even if such ordinance prohIbIts entertainment at the subject property, in which case thIS permit shall be rendered null and void and any entertainment on the site shall cease upon the effective date of any such ordinance 7 The applicant shall comply with all restrictions placed on its license from the Cahfornla Department of Alcoholic 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 Services that the operation of an entertainment cafe does not violate any condition of the ABC license issued for thIS property 9 Entertainment shall begin no earlier than 7 00 P M and shall end no later than 11 00 P M 10 The applicant shall prominently display the conditions of approval of thiS CUP within the restaurant's lounge and dmlng areas, in one or more locations acceptable to the Director of Development Services 11 This Conditional Use Permit 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 C \AMIPRO\DOCS\CUP\RQ2.13B BC'C bee Page 4 PJannmg CommISSion Resolution No ~ JUlIe 23, 1993 identification, and returned to the Department of Development Services, and until the ten (10) day appeal period has elapsed 12 A new CondItional Use Permit for the use contemplated herein shall be required when any of the following occur (a) The establishment proposes to modity any of its current conditions of approval; or (b) There is a substantial change in the mode or character of operations of the establishment. 13 The term of this permit shall be for eight (8) months, after which tIme the Commission shall review the use and may extend the permit for a twelve-month extension, and thereafter indefinitely, provided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occurs with respect to the subject property, or other significant problems associated with the entertainment use arise 14 The Applicant shall indemnity, defend and save harmless the City of Seal Beach, its officers, agents and employees (collectively, "the City") from and against any and all liability or expense, whatsoever occurring or resulting to persons or property for damage, bodily inJury or death arising out of or in connection with the issuance of this approval or the exercise of the nghts accruing from this approval, and shall specifically include, without limitation, all challenges to, or claIms, laWSUits or actions arising from, the issuance of this approval Apphcant's obligation to mdemnity, defend and save harmless the City shall 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 Planning CommiSSIon of the City of Seal Beach at a meeting thereof held on the 23rd day ofJune, 1993 by the followmg vote AYES Commissioners Dahlman. Fife. Law. Sham. Soukuo NOES CommIssioners ABSENT Commissioners ~ L ~se Whittenberg, Secretary Planning Commission C\AMIPRO\DOCS\C.UP\R92-138 BC.Cbcc Page 5