HomeMy WebLinkAboutPC Res 93-05 - 1993-01-06
RESOLUTION NUMBER 93-5
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING CUP NO 92-25, PERMITTING THE
CONTINUATION OF AN ENTERTAINMENT CAFE IN CONJUNCTION
WITH AN EXISTING RESTAURANT LOCATED AT 1400 PACIFIC COAST
HIGHWAY (GLIDE'ER INN)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE.
Section 1 On November 23, 1992, Karla A. Benz! (liThe Applicant") filed an
application for CUP 92-25 with the Department of Development Services The applicant seeks
continuation of an entertainment cafe in conjunction with an existing restaurant This application
has been tiled in response to City Ordinance 1348 which required all existing businesses which are
lacking a required use permit to apply to the City for such a use permit within six (6) months of
approval of said ordinance
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
92-25 is categorically exempt from review pursuant to the California Environmental Quality Act
pursuant to 14 Calif Code of Regs ~ 15301 (Existing Uses), because it involves the negligible
expansion of an existing use, 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 significant effect on the environment
Section 3 A duly noticed public hearing was held before the Planning
Commission on January 6, 1993, to consider the application for CUP No. 92-25 No evidence
was submitted in favor or against the application
Section 4
The record of the hearing on January 6, 1993 indicates the
following
(a) On November 23, 1992, Karla A Benz! filed an application for CUP's
92-24 and 92-25 with the Department of Development Services
(b) The applicant is requesting continuation of an on-sale general liquor license
and an entertainment cafe for one to four entertainers in conjunction with an existing restaurant
located at 1400 Pacific Coast HIghway, Seal Beach (Glide'er Inn) This application has been filed
In response to City Ordinance 1348 which required all existing businesses which are lacking a
required use permit to apply to the City for such a use permit within SIX (6) months of approval of
said ordinance
(c) The subject property is legally described as Orange County Assessor's
Parcel Numbers 043-131-01 and 043-131-23
(d) The subJect property contains approximately 25,000 square feet and is
located on the southerly side of Pacific Coast Highway between 14th Street and 15th Street, with
200 feet offrontage on Pacific Coast Highway
(e) The subject property contains a restaurant and lounge which has been in
continuous operation for over 50 years. The subject restaurant has been located at its present
location since the early 1940's when it was relocated from the area which became the Seal Beach
Naval Weapons Station. Additionally, there is a one-story detached dwelling unit located at the
rear of the property.
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Planmog ComnuSSIOD Resolution 93-'
(t) The applicants are proposing to maintain the existing hours of operation at
11 00 a m to 1.00 a.m daily
(g)
The surrounding land use and zoning are as follows.
NORTH
Single family residences in the Residential Low Density zone (RLD)
located across Pacific Coast Highway
SOUTH
A mixture of single family and multi-family residences located in the
Residential Medium Density zone (RMD)
WEST & EAST
A mixture of commercial uses located in the General Commercial zone
(C-2) along Pacific Coast Highway
(h) Pacific Coast Highway is a primary street developed to its ultimate
right-of-way of 100 feet
(I) The subject property contains approXImately 4,340 square feet of gross
retail floor area and currently meets all existing parking requirements by providing the following
parking spaces
On-Site Parking.. ..
43 spaces
Grandfathered Parking
1 spaces
G) Chief of Police Bill Stearns has reviewed these requests and has no
concerns regarding the granting of either request
(I) The City has received no responses, written or other, to its mailed notice
regarding CUP 92-25
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) CUP No 92-25 is consistent with the provisions of the Land Use Element
of the City's General Plan, which provides a "general commercial" designation for the subject
property and permits entertainment cafes subject to the issuance of a Conditional Use Permit
The use is also consistent with the remaining elements of the City's General Plan as the policies of
those elements are consistent with, and reBected in, the Land Use Element Accordingly, the
proposed use is consistent with the General Plan.
(b) As conditioned hereby, approval of live entertainment at the site will be
compatible with surrounding uses and the community in general and will not be detrimental to the
neighborhood
(c) Staff inspected the subject property on December 28, 1992, and found the
restaurant meets all requirements of the Code. excludmg parking (one on-site space deficient)
(d) The building and property at 1400 Pacific Coast Highway are adequate in
size, shape, topography and locatton to meet the needs created by the proposed use of the
property
(e) Required adherence to applicable building and fire codes ensures there will
be adequate water supply and utilities for the proposed use
(t) Glide'er Inn has been in continuous operation for over 50 years with no
history of extraordinary demands for police services or of nuisance complaints from neighboring
residents
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Planning ComIJw.sIon ResoJutJon 93-.5
(g) The Seal Beach Police Department has reviewed the existing records of the
restaurant and has no reservations regarding the requested approval
Section 6 Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 92-25, subject to the following condItions
1. CUP No. 92-25 is issued to Karla A. Benzl for the establishment of an entertainment cafe
at 1400 Pacific Coast Highway (Glide'er Inn) Such entertainment is considered an
accessory use to the main use of the premises as a restaurant
2 CUP No. 92-25 is non-transferrable
3 The Applicant remains bound by the conditions of CUP No 92-24
4 The Applicant shall not permit singing or dancing by patrons on the subject property
5. No more than four (4) entertainers shall be permitted at any time
6 The Planning Commission reserves the right to revoke entertainment privileges at any time
pursuant to a noticed public hearing for 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
deems the exercise of such privileges to be incompatible with neighboring uses
7 All entertainment shall comply with the noise requirements set forth in Chapter l3-D of
the Code of the City of Seal Beach. as those regulations now exist or are hereafter
amended
8 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
9 The Applicant shall comply with all restrictions placed on its license from the California
Department of Alcoholic Beverage Control (ABC)
10. 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.
11 Entertainment shall begin no earlier than 6 00 P m and shall end no later than 1200 a m
12 The Applicant shall prominently display the conditions of approval of this CUP within the
restaurant's lounge and dining areas, in one or more locations acceptable to the Director of
Development Services
13 This Conditional Use Permit shall not become effective for any purpose unless the
"Acceptance of Conditions" form (condition 10 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, and until the ten
(10) day appeal period has elapsed
14. A new Conditional Use Permit for the use contemplated herein shall be required when any
of the following occur
(a) a transfer of majority ownership of the business,
(b) the establishment proposes to modifY any of its current conditions of approval, or
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Plannmg Comnusslon Resolution 93.5
(c) there is a substantial change in the mode or character of the operations of the
establishment
15 The term of this permit shall be six (6) months At the end of the six-month term of this
permit, the Applicant may apply for a twelve-month extension of CUP No 92-25. The
Commission may grant such a twelve-month extension provided all conditions of approval
have been met 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. If such an twelve-month extension is approved, the Applicant
many then apply for an indefinite extension of CUP No. 92-25 under the standards of the
Code of the Citv of Seal Beach and the standards of this condition for the issuance of the
initial and twelve-month extensions
16 The Applicant shall indemnifY, 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 rights 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 Applicant's obligation to indemnifY, defend and save hannIess
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 6th day of January 1992 by the following vote
AYES Commissioners Fife. Sharp. Law
NOES Commissioners Dahlman
ABSENT' Commissioners Orsini
n
e Whittenberg, Secretary
Planning Commission
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