HomeMy WebLinkAboutPC Res 02-09 - 2002-03-06
RESOLUTION NUMBER 02-9
ORIGI~:f~\L.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING A CHANGE IN HOURS
ON THE PREVIOUSLY APPROVED CONDITIONAL USE
PERMIT #91-14, AN APPROVED ENTERTAINMENT CAFE
AT AN EXISTING RESTAURANT AT 3005 OLD RANCH
PARKWAY, SEAL BEACH, CA. (SPAGHETTINI
ROTISSERIE AND GRILL)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On January 29, 2002, Cary Hardwick ("Applicant") filcd an
application for Conditional Use Pennit (CUP) #02-3 with thc Department of Development
Services. The applicant sccks to change the hours for live entertainment at a previously
approved entertainment cafe for Spaghettini Rotisserie and Grill, 3005 Old Ranch Parkway, Scal
Beach, CA., pursuant to ~~28-l300(5) and (7),28-1400,28-2503, and 28-2504 of the Code of
the City of Seal Beach. CA (Code).
Section 2. Pursuant to 14 California Code of Regulations ~I5025(a) and
*ll(B) of the City's Local CEQA Guidelines, staff has detennined as follows: CUP #02-3 is
categorically exempt .from review pursuant to the California Environmcntal Quality Act pursuant
to 14 California Code of Rcgulations ~15301 (Existing Uses), because It involves the negligible
expansion of an existing use; pursuant to 915305 (Minor Alterations in Land Use Limitations),
because the proposal involves a minor alteration in land use limitation and does not involve
either a property in excess of 20% slope or a change in land use or density; and finally, pursuant
to *1506l(b)(3), because it can be said with certainty lhat there is no possibility that thc approval
may have a significant effect on the environment.
Section 3. A duly noticed public hearing was held bcfore the Planning
Commission on March 6, 2002, to consider the application for CUP 02-3. No evidence, either
oral or written, was submitted for or against the application.
Scction 4.
The record of the Public Hearing on March 6, 2002 indicates the
following:
(1) On January 29, 2002 Cary Hardwick ("Applicant") applied for CUP 02-3 with the
department of development serviccs. Spccifically, the applicant wishes to change lhe
hours for live entertainment at a previously approved enterlainment cafe for Spaghcttini
Rotisserie and Grill at 3005 Old Ranch Parkway, Seal Beach.
(2) The subject property is locatcd at 3005 Old Ranch Parkway, Seal Beach
(3) Chronology
. May 1988 - The State's Department of Alcoholic Beverage Control (ABC) placed eight (8)
conditions on this applicant's alcohol license. Condition #4 stated,
"There shall be no live elltertaillmellt, amplified music or dancillg permitted 011 these
premises at any time. "
. March 16, 1988 - Planning Commission approved CUP 88-1, a request for on-sale general
liquor at Spaghcttini's. The Planning Commission granted an indefinite extension of CUP
#88-1 on April 5, 1989, through the adoption of Resolution No. 1535.
. July 18, 1991 - staff sent a letter to Spaghettini's citing a violation of the Code of the Cilv of
Seal Beach (Codc), requiring cessation of live entertainment until a CUP for a live
entertainment cafe was approved by the City.
Planning Comm~mon ResolutIOn No. 02-9
CUP 02-3 - 3005 Old Ranch Parkway
Spaghettini Rotisserie and Gnll
. September 4, 1991 - applicant applied for and received CUP #92-14 (Resolution No. 1657).
The applicant was fined $500 for not having a CUP for entertainment. The applicant paid
this fine.
Condition of approval # 1 0 set the term of the pcnnit for six (6) months with a review by the
Planning Commission at that time.
. 1992 - City of Seal Beach became aware of a discrepancy between the City's conditions and
the ABC's conditions, i.e., the City was permitting entertainment while the ABC was
forbidding it. The City contacted ABC to alert them of the discrepancy and to ascertain their
feelings on this matter. ABC Inspector Jack Viviano informed staff that the ABC wished to
review the situation. Due to ABC staffing cutbacks, it took until May 1993 for the ABC to
review Spaghettini's and modify thcir conditions.
. May 1993 - ABC completed it's review for possibly allowing entertaimnent at Spaghettini's
Rotisserie and Grill (Spaghettini's) and modified its original conditions as follows:
a. 1988: Sales, service and consumption of alcoholic beverages was permitted
11 :00 a.m. - 10:00 p.m. Monday - Thursday
11 :00 a.m. - 11 :00 p.m. Friday - Saturday
11 :00 a.m. - 9:00 p.m. Sunday
b. 1993 Change: Sales, servIce and consumption of alcoholic beverages are
permitted
11:00 a.m. - 12:00 a.m.
Daily
e. Condition #04/1988. There shall be no live entertainment, amplified music or
dancing permitted on the premises at any time.
d. Condition #04/1993. There shall be no dancing permitted on the premises at any
time.
e. #09 Added in 1993: As to the outdoor patios, there shall be no form of
entertainment provided at any time.
f. #10 Added in 1993: Live entertainment shall be permitted only between the
hours of 7:00 p.m. and 11 :00 p.m.
. August 13, 1993 - The applicant, Cary Hardwick, applied for an indefinite extension of
Conditional Use Permit (CUP) # 91-14, which was approved.
. January 29, 2002 - The applicant, Cary Hardwick, applied for an amendment to the hours of
Conditional Use Permit (CUP) #91-14.
(4) The Subject property is located in the Bixby Office Park, a multiple tenant, mixed use
project located at Seal Beach Boulevard and adjacent to the 1-405 freeway.
(5) The surrounding land uses and zoning are:
NORTH
A flood control channel and single family homes located in Rossmoor, an
unincorporated community in the County of Orange.
SOUTH
The Beverly Manor reservoir and fire station, separated from the subject
property by the 1-405 freeway.
EAST
A vacant lot (fonnerly a service station) located in the General
Commercial zone, (C-2), separated from the subject property by Seal
Beach Boulevard.
WEST
Office buildings within the Bixby Office Park.
Planning CommissIOn Resolution No 02-9
CUP 02-3 - 3005 Old Ranclz Parkway
Spaglzettmi Rotisserie and Gnll
(6) Spaghettini Rotisserie and Grill is a full service restaurant incorporating a lounge and
dining room of 8,4 7 4 square feet of !,'1'OSS floor area.
(7) The current hours of operation are:
Daily:
11 :00 a.m. 12:00 a.m.
(8) The current hours of entertainment are:
Wednesday through Sunday 7:00 p.m. - 11 :00 p.m.
(9) The restaurant has been providing livc jazz music with no complaints from neighboring
residents for approximately 10 years.
(10) Captain John Schaeffer of the Seal Beach Policc Department, has reviewed the existing
records, and has no reservations about permitting the change in hours of entertainment at
Spaghettini's.
(11) Entertainment Cafes are permittcd in the C-2 zone, subject to the issuance of a CUP.
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:
. The granting of CUP 02-3 is consistent with the provisions of the General Plan which
indicate the subject property is to bc used for general commercial purposes, which includes
entertainment cafcs when approved through the CUP process.
· The Building and property at 3005 Old Ranch Parkway are adequate in SIze, shape,
topo!,'1'aphyand location to meet the needs of the proposed use of the property.
· Required adherence to applicable building and fire codcs ensures there will be adequate
water supply and utilities for the proposcd use.
· The provision of four (4) or fewer member live jazz acts is compatible with the Bixby Old
Ranch area. Adherence to conditions of approval placed on the use by both the City of Seal
Beach and the Dcpartment of Alcoholic Beverage Control should mitigate any ncgative
impacts to neighboring residential properties.
. The restaurant has provided live entertainment in excess of tcn years and no substantial
enforcement actions havc occurred.
· The Seal Beach Police Department has reviewed the existing records of the restaurant and
has no reservations regarding the requested license.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 02-3, subjecllo the following conditions:
1. CUP 02-3 is approved for an entertainment cafe at 3005 Old Ranch Parkway and is
issued to Spaghettini Rotisserie and Grill.
2. Livc entcrtainment shall be performed only between the hours of7:00 p.m. and 12:00
a.m., seven days a week. Live entertainment shall tenninate precisely at 12:00 a.m.
3. An amendment to the ABC permit by the Department of Alcoholic Beverage Control to
reflect the change in hours of operation must bc made BEFORE the change in hours may
take effect.
4. Entertainment acts shall consist of no more than four (4) members and the fonn of
cntcrtaimnent shall be limited to jazz music. Alteration ofthese standards shall be
subject to review and approval by the Planning Commission.
Planning Comllll.mon Re.mlutlOll No. 02-9
CUP 02-3 - 3005 Old Ranch PClrkwlIY
Spaghettim Rotisserie and Grill
5. All entertainment shall be performed in the restaurant's lounge area.
6. The exterior patio doors shall remain closed at all times when entertainment is being
provided. For the purpose of this approval, said doors shall remain closed between the
hours of7:00 p.m. and 12:00 a.m.
7. There shall be no dancing permitted on the premises.
8. All entertainment shall comply with the City's noise standards, both for interior and
exterior noise, as set fourth in Chapter l3-D ofthe Code.
9. The applicant shall, in a location acceptable to the Director of Development Services,
prominently display the above mentioned conditions of approval within the restaurant's
lounge area.
10. The term of this permit shall be six (6) months after which time the Planning
Commission shall review and may extend the pennit provided that all conditions of
approval have been satisfied and no significant police problems have occurred.
11. This Conditional Use Permit shall not become effective for any purpose unless/until a
City "Acceptance of Conditions" fonn has been signed by the applicant in the presence of
the Director of Development Services, or notarized and returned to the Plarming
Department; and until the ten (10) calendar-day appeal period has elapsed.
PASSED, APPROVED AND ADOPTED by the Plarming Commission of the City of Seal Beach
at a meeting thereofhc1d on the 6th day of March, 2002, by the following vote:
AYES: Commissioner(s) Hood, Cutuli, Sharp, Ladner, Brown
NOES: Commissioner(s)
ABSTAIN: Commissioner(s)
ABSENT: Commissioncr(s)
David Hood, Ph.D.
Chairman ofthe Planni
~~~~
Whittenberg
Secretary ofthe Planmng Comm . slOn