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HomeMy WebLinkAboutPC Res 95-05 - 1995-02-22 " RESOLUTION NUMBER 95-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE 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 apphcant requested to contInue an entertamment cafe In conJunction With an eXIstIng restaurant located at 1400 PacIfic Coast Highway, Seal Beach (Ghde'er Inn) ThiS applicatIOn was filed In response to City Ordinance 1348 which reqUired all eXlstmg busmesses whlCh 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 The apphcant subsequently was granted a twelve (12) month extension In January 1994 and IS seelang an mdefimte extensIon at thIS time SectIOn 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GUIdehnes, staff has determIned as follows The apphcatlon for CUP No 92-25 IS categoncally exempt from reVIew pursuant to the CalifornIa EnVironmental Quahty Act pursuant to 14 Cahf 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 m a land use hmltatlon 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 POSSlblhty that the approval may have a slgmficant effect on the environment Section 3 A duly noticed pubhc heanng was held before the Planmng Commission on February 22, 1995, to conSIder the requested Indefimte extensIon of CUP No 92-25 The no one spoke In favor of or In opposItion to thIS request Section 4 The record of the heanng on February 22, 1995 Indicates the follOWIng (a) On November 23, 1992, Karla A Benzl filed an apphcatlOn for CUP 92-25 WIth the Department of Development Services (b) The apphcant requested to contmue an entertaInment cafe In conJunctIOn WIth an eXIstIng restaurant located at 1400 PaCific Coast HIghway, Seal Beach (Ghde'er Inn) ThIS apphcatlon was filed In response to City OrdInance 1348 whIch reqUired all eXlstmg bUSInesses which are lackIng a reqUired use permit to apply to the CIty for such a use permtt WIthIn SIX (6) months of approval of said ordInance (c) On January 6, 1993, the Planmng CommiSSion held a duly noticed public hearing to conSider CUP 92-25 The CommiSSIon approved CUP 92-25 through the adoption of Resolution 93-5 On January 5, 1994, the Commission granted a twelve (12) month extensIOn through the adoption of Resolution 94-4 (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 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 of frontage on PaCific Coast HIghway 1'\ 'CUPSR.,,,,C acc~ Planmng CommIssIon ResolutIOn No 95-5 February 22, 1995 (f) The subJect property contains a restaurant and lounge which has been In contmuous 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 (g) The applicants are proposmg to maIntam the eXistIng hours of operatIon at 11 00 a m to 1 00 a m datly for the restaurant, and 600 P m to 1200 a m for entertaInment (h) The surroundIng land use and zOning are as follows NORTH SIngle famtly reSidences In the ReSIdential Low DenSity zone (RLD) located across PaCIfic Coast Highway SOUTH A mIxture of SIngle famtly 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 (I) PacIfic Coast Highway is a primary street developed to ItS ultimate nght-of-way of 100 feet (J) The subJect property contains approXImately 4,340 square feet of gross retatl floor area and currently meets all eXIstIng parkIng reqUIrements by prOVIding the follOWIng parkIng spaces On-SIte ParkIng 43 spaces (k) Chief of PolIce Bill Stearns has reVIewed these requests and has no concerns regardIng of this extensIOn (I) The City receIved no written comments respondIng to the notices of the heanng on CUP No 92-25 Section 5 Based upon the facts contaIned In the record, mcludIng those stated In ~ 4 of tins resolutIOn, and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the CIty's Code, the Planning Commtsslon hereby finds as follows (a) Staff Inspected the subJect property on February 13, 1995, and found that the restaurant meets all reqUIrements of the Code and conditions set forth In Planning Commission ResolutIOns 93-5 and 94-4 (b) CUP 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 Permtt 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 reflected In, the Land Use Element AccordIngly, the proposed use IS consistent WIth the General Plan (c) The butldIng 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 applIcable buildIng and fire codes ensure there will be adequate water supply and utilItIes for the proposed use (d) 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 detnmental to the Page 2 1'\ ICUP6R.",C oc:c~ Planning COll/lIlISrlOn ResolutIOn No 95-5 February 22, 1995 neighborhood Adherence to conditIons of approval placed on the use by both the CIty of Seal Beach and the Department of A1cohohc Beverage Control should mitigate any negative Impacts to nelghbonng uses (e) Ghde'er Inn has been In contInUOUS operatIOn for over 50 years WIth no history of extraordInary demands for pohce services or of nUIsance complaints from nelghbonng reSidents (f) The Seal Beach Police Department has reVIewed the request and has no reservations regardIng the requested extensIOn SectIOn 6 Based upon the foregoIng, the P1anmng CommIssIon hereby approves an Indefimte extensIOn of Conditional Use Permit 92-25, subJect to the follOWIng conditions 1 CUP No 92-25 IS approved for an entertainment cafe at 1400 Pacific Coast HIghway (Ghde'er Inn) Such entertaInment IS considered an accessory use to the maIn 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 singIng or danCIng by patrons on the subJect property 4 No more than four (4) entertaIners shall be permitted at any time 5 The Planmng 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 Cltv 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 6 All entertaInment shall comply With the nOIse reqUIrements set forth In Chapter l3-D of the Code of the Cltv of Seal Beach, as those regulations now eXIst or are hereafter atnended 7 Tins CUP IS subJect to the City's actIOn on a future zomng text amendment regardIng entertalmnent cafes and the conditIOnal approval hereIn shall confer no exemptIOn from the prOVISIons of any subsequently enacted ordinance govermng the establishment and maintenance of entertalmnent cafes, even if such ordInance prohibits entertamment at the subJect property, In whIch case thiS permit shall be rendered null and VOId and any entertalmnent on the site shall cease upon the effective date of any such ordInance 8 The Apphcant shall comply With all restnctlons placed on ItS hcense from the Cahforma Department of Alcoholic Beverage Control (ABC) 9 The Apphcant 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 earlier than 6 00 P m and shall end no later than 1200 a m liThe Apphcant shall promInently dIsplay the conditions of approval of tins CUP WithIn the restaurant's lounge and dInIng areas, In one or more locations acceptable to the DIrector of Development Services 12 ThiS Conditional Use Permit shall not become effective for any purpose urdess the "Acceptance of CondItions" form (condItion 10 above) has been Signed by the Apphcant 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 Page 3 1'\ IClJPSR.",C oc:c~ Planmng CommISSIOn ResolutIOn No 95-5 February 22, J 995 13 A new Conditional Use PermIt for the use contemplated hereIn shall be reqUired when any of the folloWIng occur (a) the establlslunent proposes to modifY any of ItS current conditions of approval, or (b) there is a substantial change In the mode or character of the operatIOns of the estabhshment 14 The Applicant shall IndemmfY, defend and save harmless the CIty of Seal Beach, Its officers, agents and employees (collectIVely, "the CIty") from and agaInst any and all habIllty 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 tins approval or the exercIse of the nghts accruIng from thiS approval, and shall specifically Include, WIthout hmltatlon, all challenges to, or c1Rlms, laWSUits or actIOns an SIng from, the Issuance of thIs approval Apphcant's obhgatlon to IndemmfY, 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 Planmng Commtsslon of the City of Seal Beach at a meetIng thereof held on the 22nd day of February, 1995 by the follOWIng vote AYES Commissioners Brown, Campbell, Dahlman, Law, Sharp NOES Commtssloners none ABSTAIN Commtssloners none cU'~4~ Anton Dahlman, ChaIrman Planmng CommissIon , ee Whittenberg, Secretary Planmng CommissIon Page 4 1'\ 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