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Home My WebLink AboutPC Res 04-14 - 2004-04-07 RESOLUTION NUMBER 04-14 0 R / G A RESOLUTION OF TIIE PLANNING COMMISSION OF THE 111141 CITY OF SEAL BEACH APPROVING AN INDEFINITE ( EXTENSION OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT 02-3, WHICH CHANGED THE HOURS ON PREVIOUSLY APPROVED CONDITIONAL USE PERMIT #91-14, FOR 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 March 4,2004, Jon Tilley ("Applicant") filed an application for Conditional Use Permit (CUP) #02-3 (Indefinite ExtensIOn) with the Department of Development Services. The applicant seeks to continue to operate until midnight for live entertainment at a previously approved entertainment cafe for Spaghettini Rotisserie and Grill, 3005 Old Ranch Parkway, Seal Beach, CA., pursuant to ~~28-1300(5) and (7), 28-1400, 28- 2503, and 28-2504 of the Code ofthe City of Seal Beach, CA (Code). Section 2. Pursuant to 14 California Code of Regulations ~15025(a) and ~II(B) of the City's Local CEQA Guidelines, staff has determined as follows: CUP #02-3 (Indefinite Extension) is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations ~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 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 ~15061(b)(3), because it can be said 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 April 7, 2004, to consider the application for CUP 02-3 (Indefinite Extension). No evidence, either oral or written, was submitted for or against the application. Section 4. The record of the Public Hearing on April 7, 2004 indicates the following: (1) On March 4,2004 Jon Tilley ("Applicant") applied for CUP 02-3 (Indefinite Extension) with the department of development services. Specifically, the applicant wishes to continue to operate until midnight for live entertainment at a previously approved entertainment cafe for Spaghettini Rotisserie and Grill, 3005 Old Ranch Parkway, Seal Beach, CA. (2) The subject property is located 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 entertainment, amplified music or dancing permitted on these premises at any time. " . March 16, 1988 - Planning Commission approved CUP 88-1, a request for on-sale general liquor at Spaghettini'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 City of Seal Beach (Code), requiring cessation of live entertainment until the City approved a CUP for a live entertainment cafe. Page 1 of5 Planmng Commlsszon Resolutzon No 04-14 CUP 02-3 (Indefimte ExtensIOn) Spaghettlm RotlSserze and Grzll, 3005 Old Ranch Parkway Aprzl 7, 2004 . September 4, 1991 - applicant applied for and received CUP #92-14 (Resolution No. 1657). The applieant was fined $500 for not having a CUP for entertainment. The applicant paid this fine. Condition of approval #10 set the term of the permit 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 their conditions. . May 1993 - ABC completed it's review for possibly allowing entertainment at Spaghettini's Rotisserie and Grill (Spaghettini's) and modified its original conditions as follows: a. 1988: Sales, service and consumption of alcoholic beverages were 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 c. 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 provzded 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. This amendment was approved the City of Seal Beach Planning Commission (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 (formerly a service station) located in the General Commercial zone, (C-2), separated from the subject property by Seal Beach Boulevard. Page 2 of 4 Planmng CommiSSIOn ResolutIOn No 04-14 CUP 02-3 (lndefimte ExtensIOn) Spaghettim RotlSserze and Grzll, 3005 Old Ranch Parkway Aprzl 7, 2004 WEST Office buildings within the Bixby Office Park. (6) Spaghettini Rotisserie and Grill is a full service restaurant incorporating a lounge and dining room of 8,474 square feet of gross 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: Monday through Sunday 7:00 p.m. - Midnight (9) The restaurant has been providing live jazz music with no complaints from neighboring residents for approximately 10 years. (10) Captain John Schaeffer of the Seal Beach Police Department, has reviewed the existing records, and has no reservations about permitting the continued hours of entertainment at Spaghettini's. (11) Entertainment Cafes are permitted in the C-2 zone, subj ect 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 (Indefinite Extension) is consistent with the provisions of the General Plan, which indicate the subject property is to be used for general commercial purposes, which includes entertainment cafes when approved through the CUP process. . The Building and property at 3005 Old Ranch Parkway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. . Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed 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 Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential properties. . The restaurant has provided live entertainment in excess of ten years and no substantial enforcement actions have 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 (Indefinite Extension), subject to the following conditions: 1. CUP 02-3 (Indefinite Extension) is approved for an entertaInment cafe at 3005 Old Ranch Parkway and is issued to Spaghettini Rotisserie and Grill. 2. Live entertainment shall be performed only between the hours of7:00 p.m. and 12:00 a.m., seven days a week. Live entertainment shall terminate 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 be made BEFORE the change in hours may take effect. Page 3 of 4 Planmng CommlSSlOn ResolutlOn No 04-14 CUP 02-3 (Indefimte ExtenslOn) Spaghettmi Rotisserie and Grill, 3005 Old Ranch Parkway April 7, 2004 4. Entertainment acts shall consist of no more than four (4) members and the form of entertainment shall be limited to jazz music. Alteration ofthese standards shall be subject to review and approval by the Planning Commission. 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 bemg provided. For the purpose ofthis 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 13-D of the 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. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 11. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exereise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of April 2004 by the following vote: AYES: Commissioners Sharp, Deaton, Eagar, ladner, and Shanks NOES: Commissioners None ABSENT: Commissioners None ltr~ t) ftrA -/ j. es Sharp f ,/ (j UChairman of the Planning Commission Whittenberg Secretary of the Planning Commissi Page 4 of 4