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Home My WebLink AboutPC Res 95-04 - 1995-02-22 .' \ 1'1/ a.. RESOLUTION NUMBER 95-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CUP NO 92-13, PERMITTING AN ENTERTAINMENT CAFE WITH A SINGLE NON-AMPLIFIED ENTERTAINER AT 143 MAIN STREET (pAPILLON RESTAURANT) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn I On September 9, 1992, Nader Tahvlldan filed an applicatIOn for CUP 92-13 WIth the Department of Development SefVIces requestIng to establish an entertatnment cafe at 143 Main Street, Seal Beach SectIOn 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GUIdelines, statfhas determmed as follows The applicatIOn for CUP No 92-13 IS categoncally 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 posslbihty that the approval may have a SIgnificant effect on the environment In addItion, the requested Indefinite extension IS WIthIn the proJect deSCription for Negative Declaration 92-8, winch was adopted by the City CounCil on January 11, 1993, for the request for live entertaInment on the subJect property SectIon 3 A duly noticed public heanng was held before the Planning CommiSSIon on February 22, 1995, to conSider the requested Indefinite extensIOn of CUP No 92-13 The no one In favor of or In opposition to thiS request SectIOn 4 The record of the hearIng on February 22, 1995 Indicates the follOWIng (a) On September 9, 1992, Nader Tahvlldarl submItted an application for CondItIOnal Use Permit 92-13 With the Department of Development Services The applicant requested approval of an entertaInment cafe In conJunction With an eXIsting restaurant located at 143 MaIn Street, Seal Beach (Paplllon Restaurant) The applicant requested approval to prOVIde a single, non-amplified mUSICian (pianIst, Violinist or harpist) dUring the dInner hours (b) The Planning CommiSSion conducted a public hearIng on Conditional Use Permtt 92-13 on November 4, 1992, closed the public heanng, and approved the Conditional Use Permtt request on a 4-0-0 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 categoncally exempt from the prOVISIons ofCEQA (c) CondItIOn No 14 of Resolution No 92-48 established an Initial term of four (4) months, and Indicated eIght-month and twelve (12) month revIews would be conSIdered upon completIOn of the InitIal four (4) month term At the end of the three (3) review penods the Commtsslon could conSIder an Indefimte extension proVided all conditions of approval had been met and no sIgmficant police-related problems had occurred (d) The CommISSion's most recent action on thIS matter was the granting ofa twelve (12) month extensIOn on January 5, 1994 through the approval of Resolution No 93-53 1'\ '(lJ~R9'oI;; oc:c~ ~ Plannmg Comnl/sslOn ResolutIOn No 95-4 February 22, 1995 (e) The subJect property has 75 feet of frontage on MaIn Street, contaInS approXImately 8,813 square feet ofland area and IS located at the southwesterly corner of MaIn Street and Central Avenue (f) The subJect property IS legally descnbed 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 ofsatd County (g) 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 (h) The subJect property IS legally nonconformIng due to Inadequate parkIng (I) The subJect structure contaInS approximately 2,784 square feet ofIntenor space, requlnng 28 parkIng spaces The subJect property proVIdes the follOWIng parkIng NIneteen (19) on-site parkIng spaces NIne (9) grandfathered parking spaces pursuant to Vanance 2-89 (J) The property currently contaInS a restaurant With a currently valId alcohol-related land use permit for on-sale general liquor, which operates dunng the follOWIng hours 1 I 00 A M to 1 00 AM, Monday through Saturday 9 00 A M to 11 00 PM, Sunday (k) The entertaInment use permit restncts the provIsion of Single, non-ampltfied entertaInment (plamst, Vloltmst, gUItanst or harpIst) between 7 00 P M and 11 00 PM (I) The surroundIng land uses and zomng 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 (m) MaIn Street IS a secondary street developed to ItS ultimate nght-of-way WIdth of80 feet Central Avenue IS a local street developed to Its ultimate nght-of-way Width of 60 feet (n) The subJect property has preVIously receIved the follOWIng approvals from the CIty (I) Vanance 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 permtt the establishment of a take-out deltcatessen restaurant (4) Vanance 2-89 for the proVISion off ewer than the reqUIred number of parkIng spaces In conJunctIOn With a new restaurant Page 2 1'\ ICUPSR.>ol; OC:C~ . , Plannmg CommISSIOn ResolutIOn No 95-4 February 22, 1995 (5) Conditional Use Perrmt 2-89 for an alcohol-related land use permtt for on-premtse general hquor sales In conJunction with a new restaurant (0) William Stearns, ChIef of Police, reVIewed the entertaInment use and has no concerns regardIng the proposed Indefimte extensIon (p) The subJect property IS located over 150 feet from the nearest reSidential structure (q) The CIty received no wntten comments respondIng to the notices of the hearing on CUP No 92-13 SectIOn 5 Based upon the facts contamed In the record, IncludIng those stated In ~ 4 of this resolution, and pursuant to ~~ 28-1300, 28-2503 and 28-2504 of the City's Code, the Planning Commtsslon hereby finds as follows (a) StatfInspected the restaurant at 143 MaIn Street on numerous occasions dunng the current twelve (12) month review period (most recently on February 13, 1995) 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 and the most recent Planmng CommISSIon ResolutIOn, No 93-53 (b) CUP 92-13 IS consistent With the prOVISIons of the Land Use Element of the City'S General Plan, which proVides a "service commercial" deSIgnation for the subject property and permits entertaInment cafes subJect to the Issuance ofa Conditional Use Permit The use IS also consistent WIth the remamIng 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 bUilding and property at 143 MaIn Street are adequate In Size, shape, topography and locatIOn to meet the needs of the proposed use of the property ReqUired adherence to apphcable building and fire codes ensure there wIll be adequate water supply and utllttles for the proposed use (d) Over the prevIous 12 month reVIew period the CIty has receIved no complaInts regardIng entertaInment at the subJect restaurant, nor has there been an extraordInary demand for law enforcement sefVIces as a result of entertalmnent on the subJect property (e) The Seal Beach Police Department has reVIewed the request and has no reservations regardIng the requested extension (f) As conditioned hereby, the contInuation of the use of the subJect property at 143 Mam Street as a restaurant servIng beer, WIne and dIstIlled SplfltS on the premlses WIth a SIngle, non-atnphfied entertaIner IS compatible With surroundIng uses and the commumty m general and WIll not be detnmental to the neighborhood 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 SectIOn 6 Based upon the foregOIng, the PlannIng CommiSSIon hereby approves an Indefimte extensIon ofCondltlOnal Use PermIt 92-13, subject to the follOWIng conditIOns I CUP # 92-13 IS approved for the establishment of an entertaInment cafe prOViding non-amplified entertaInment by no more than a SIngle mUSICIan at 143 Mam Street The reqUIrement for non-amphficatlon shall not preclude use by the entertaIner of a hIgh quahty, umdlrectlonal microphone so utlhzed as to pnmanly 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 apphcant remaInS bound by the conditions of CUP No 2-89 and Variance No 2-89 Page 3 1'\ \cuPISR.,.c;; OC:C~ " Plannmg CommIssIon ResolutIOn No 95-4 February 22, 1995 .' 3 The Apphcant shall not permIt SIngIng or dancIng by patrons on the subJect property 4 The CIty reserves the right to revoke entertalmnent pnvlleges at any tIme pursuant to a noticed pubhc heanng before the Planmng CommissIon for any VIolation of these conditions or of the Code of the CIty of Seal Beach. or, In the absence of a 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 atnended 6 This CUP IS subJect to the City's action on a future zomng text amendment, mcludIng but not limited to the MaIn Street SpeCific Plan, regardIng entertaInment cafes and the condItIOnal approval herem shall confer no exemptIOn from the provIsions of any subsequently enacted ordinance govermng the estabhshment and maIntenance of entertaInment cafes, even If such ordInance prolnblts entertamment at the subJect property, m 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 apphcant shall comply WIth all restrictIOns placed on ItS license from the Callforma Department of A1cohohc Beverage Control (ABC) 8 The Apphcant shall 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 9 Entertainment shall begIn no earher than 7 00 P M and shall end no later than 11 00 P M 10 The apphcant shall promInently display the conditions of approval of this CUP Wlthm the restaurant's lounge and dInIng 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 urdess the "Acceptance of Conditions" form 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, until the ten (10) day appeal penod has elapsed 12 A new CondItIOnal Use Permit for the use contemplated hereIn shall be reqUired when any of the follOWIng occur (a) The estabhshment proposes to modIfY any of ItS current conditIOns of approval, or (b) There IS a substantial change In the mode or character of operations of the estabhshment 13 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 hab1llty or expense, whatsoever occufflng 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 claims, laWSUits or actIOns arisIng from, the Issuance of thIs approval Apphcant's obhgatlon to IndemmfY, defend and save harmless the City shall Include, but not be hmlted to, defense costs and fees Incurred by legal counsel of the City's chOice PASSED, APPROVED AND ADOPTED by the Planmng CommissIon of the City of Seal Beach at a meetIng thereof held on the 22nd day of February, 1995 by the follOWIng vote Page 4 1'\ 'CU~,...o{; OC:C~ .. . . AYES CommIssIoners NOES Commissioners Planmng COIIIl/ll.lSlOn Resolution No 95-4 February 22, 1995 Brown, Campbell, Dahlman, Law, Sharp none ABSTAIN Commissioners none e Whittenberg, ecretary Planmng CommIssIon 1'\ 'ClJPSR.. 01;; oc:c~ . ~d# Anton Dahlman, ChaIrman Planmng Commission Page 5