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HomeMy WebLinkAboutPC Res 94-04 - 1994-01-19 RESOLUTION NUMBER 94-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING A TWELVE (12) MONTH EXTENSION OF CUP NO 92-25, PERMITTING AN ENTERTAINMENT CAFE 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( filed an apphcatlOn for CUP 92-25 With the Department of Development Services The applicant requested to continue an entertainment cafe In conJunction With an existing restaurant located at 1400 Pacific Coast HIghway, Seal Belich (Ghde'er Inn) Thts application was filed In response to City OrdInance 1348 whtch reqUired all existing bUSinesses winch are laclong a required use pernut to apply to the City for such a use pernut Within SIX (6) months of approval of slUd ordinance SectIOn 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City'S Local CEQA Guldehnes, 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 Cahf Code of Regs ~ 15301 (Existing Uses), because It Involves the neghglble expansion ofan eXisting use, pursuant to ~ 15305 (MInor Alterations In Land Use Llnutatlons), because the proposal Involves a nunor alteration In a land use hnutatlon 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 Planmng ConumsslOn on January 5, 1994 to conSider the requested extension of CUP No 92-25 No one spoke In favor of or In opposition to thIs request Section 4 The record of the heanng on January 5, 1994 Indicates the follOWing (a) On November 23, 1992, Karla A Benz( filed an application for CUP 92-25 With the Department of Development Services (b) The apphcant requested to continue an entertlUnment cafe In conJunction With an existing restaurant located at 1400 Pacific Coast HIghway, Seal Beach (Gbde'er Inn) ThiS apphcation was filed In response to City Ordinance 1348 whtch required all existIng bUSinesses which are laclong a reqUired use permit to apply to the City for such a use permit Wlthtn SIX (6) months of approval ofSlUd ordinance (c) On January 6, 1993, the Planmng Comnusslon held a duly noticed pubhc heanng to consider CUP 92-25 The ConumsslOn approved CUP 92-25 through the adoption of Resolution 93-5 (d) The subJect property IS legally descnbed as Orange County Assessor's Parcel Numbers 043-131-01 and 043-131-23 (e) The subject property contlUns 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 of frontage on Pacmc Coast HIghway (1) The subJect property contmns a restaurant and lounge whtch 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 whtch became the Seal Beach Naval Weapons StatIOn Additionally, there IS a one-story detached dwelling Unit located at the rear of the property 1=1 I(JJPSR.o,,e BCCL.. Planmng CommiSSIOn Resolution No 94-4 January 19, 1994 (g) The appbcants are propOSing to mlUntlUn the eXIsting hours of operation at 11 00 a m to 1 00 a m dlUly for the restaurant, and 6 00 p m to 12 00 a m for entertainment (h) The surrounding land use and zoning are as follows NORTH Single fanuly residences In the ReSIdential Low Density zone (RLD) located across Pacific Coast Highway SOUTH A mixture of SIngle fanuly and multi-fanuly resIdences located In the ReSIdential MedIUm Density zone (RMD) WEST & EAST A nuxture of commercial uses located In the General CommercIal zone (C-2) along Pacific Coast Highway (I) Pacific Coast HIghway IS a pnmary street developed to ItS ultimate nght-of-way of 100 feet (J) The subject property containS approximately 4,340 square feet of gross retlUl floor area and currently Ineets all existing parlong requirements by proVIding the follOWIng parlong spaces On-Site Parlong . 43 spaces (k) Chtef of Police Bill Steams has reviewed these requests and has no concerns re811fdIng of this extension (m) The City received no wntten comments responding to the notices of the heanng on CUP No 92-25 SectIOn 5 Based upon the facts contained in the record, Including those stated In ~ 4 ofthts resolution, and pursuant to ~~ 28-2503 and 28-2504 of the City'S Code. the Planning ConumsSlon hereby finds as follows (a) Staff Inspected the subJect property on December 16,1993, and found that the restaurant meets all requirements of the Code and conditions set forth In Planmng COmmiSSion Resolution 93-5 (b) CUP 92-25 is consistent With the prOVISions of the Land Use Element of the City's General Plan, whtch provides a "general commercial" deSignation for the subject property and permits entertlUnment 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 pohcies of those elements are consistent With, and reflected in, the Land Use Element Accordingly, the proposed use is conSIstent with the General Plan (c) The building and property at 1400 PaCIfic Coast Highway are adequate In SIZe, shape, topography and location to meet the needs of the proposed use ofthe property ReqUired adherence to apphcable building and fire codes ensure there Will be adequate water supply and utlhtles for the proposed use (d) As conditioned hereby, approval of live entertlUnment at the site Will be compatible with surrounding uses and the community in general and Will not be detrimental to the 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 mitigate any negative Impacts to nelghbonng uses 1=1 I(JJPSR.",1l BCC L.. Page 2 Planmng CommIssIon ResolutIOn No 94-4 January 19, 1994 (e) 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 nelghbonng residents (1) The Seal Beach Police Department has reviewed the request and has no reservations regarding the requested extension Section 6 Based upon the foregOing, the Planmng ConumsslOn hereby approves a twelve (12) month extension of Conditional Use Pernut 92-25, subJect to the following conditions I CUP No 92-25 IS issued to Karla A Benz! for the establishment of an entertlUnment cafe at 1400 Pacific Coast Highway (Ghde'er Inn) Such entertlUnment IS considered an accessory use to the mlUn use of the premises as a restaurant 2 The Apphcant remains bound by the conditions of CUP No 92-24 3 The Apphcant shall not permit SIn81ng or dancing by patrons on the subJect property 4 No more than four (4) entertainers shall be pernutted at any time 5 The Planning Conumsslon reserves the nght to revoke entertlUnment priVIleges at any time pursuant to a noticed public heanng for VIolation of these conditions or of the Code of the City of Sea] Beach. or, in the absence ofa violation of these conditions, If the CommiSSion deems the exercise of such pnVlleges to be incompatible with neighbonng uses 6 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 7 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 mlUntenance of entertlUnment cafes 8 The Apphcant shall comply With all restrictions placed on ItS hcense from the California Department of A1cohohc Beverage Control (ABC) 9 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 hcense Issued for thiS property 10 Entertainment shall begin no earher than 6 00 P m and shaIJ end no later than 12 00 a m II The Apphcant shall pronunently display the conditions ofapproval of this CUP Within the restaurant's lounge and dirung areas, In one or more locations acceptable to the Director of Development SerVIces 12 Thts Conditional Use Permit shall not become effective for any purpose unless the "Acceptance of Conditions" form (condition 10 above) has been Signed by the Apphcant and property OWller, 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 penod has elapsed 13 A new Conditional Use Pernut for the use contemplated herein shall be reqUired when any of the following occur (a) the establishment proposes to modify any of its current conditions of approval, or 1=1 I(JJPSR.".a BCCL.. 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Plannmg CommISSIOn ResolutIon No 94-4 January 19, 1994 (b) there IS a substantial change in the mode or character of the operations of the estabhshment 14 The term ofthts permit shall be twelve (12) months At the end of the twelve-month term ofthts permit, the Applicant may apply for an Indefinite extenSIon of CUP No 92-25 The Commission may grant an Indefinite 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 Slgmficant problems associated with the entertainment use anse 15 The Apphcant 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 hablhty or expense, whatsoever OCCUrrIng or resulting to persons or property for dll1nage, bodily Injury or death ansing 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 ansIng from, the Issuance of this approval Apphcant's obligation to Indemmfy, defend and save harmless the City shall Include, but not be hnuted to, defense costs and fees incurred by legal counsel of the City's chOIce PASSED, APPROVED AND ADOPTED by the Planning ConumsSlon of the City of Seal Beach at a meeting thereof held on the 19th day of January , 1994 by the follOWing vote AYES Conumssloners CamDbelL Dahlman. Law. Sham NOES ConumsslOners ABSENT ComnusslOners Soukup e Whittenberg, Secretary Planning CommissIOn a;~~ d./L---. ..... - .. / Ariton DahJman, Chairman Planmng ConumsslOn ~ 1=1 I(JJP6R,,,,g BCC L.. Page 4