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HomeMy WebLinkAboutPC Res 09-21 - 2009-07-08 OR/6'h A RESOLUTION OF THE PLANNING COMMISSION OF THE W4/ CITY OF SEAL BEACH APPROVING CONDITIONAL USE <.. PERMIT 09-7 FOR THE EXPANSION OF LIVE ENTERTAINMENT HOURS AND THE PROVISION OF OUTDOOR SEATING IN CONJUNCTION WITH AN EXISTING RESTAURANT, BAR, AND ENTERTAINMENT CAFE AT 3001 OLD RANCH PARKWAY, SEAL BEACH, CA (KOBE JAPANESE STEAKHOUSE). RESOLUTION NUMBER 09-21 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section I. On April 2, 2009, Rachel Park, representing BNP Enterprises, Inc., ("the applicant'') filed an application for Conditional Use Permit 09-7 with the Department of Development Services. Section 2. The applicant is requesting the expansion of live entertainment hours to seven nights a week; and the provision of outdoor seating in conjunction with an existing restaurant, bar, and entertainment cafe. Presently, the business has permitted operating hours of: l:I l:I 11:00 a.m. to 10:30 p.m., Sunday through Thursday; and 11:00 a.m. to 12:00 a.m. (midnight), Friday and Saturday. The business is currently allowed to have live music no more than four nights a week within an enclosed building and not on any patio or exterior area of the restaurant that is not fully enclosed no more than four days a week and only between the hours of: 1:1 7:00 p.m. to 10:30 p.m., SWlday through Thursday; and l:I 7:00 p.m. to 12:00 a.m. (midnight), Friday and Saturday. Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15301, staffhas determined as follows: The apolication for Conditional Use Permit 09-7 for the requested land use entitlements at a proposed restaurant is categorically exempt from review pursuant to the California Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on July 8, 2009, to consider the application for Conditional Use Permit No. 09-7. At the public hearing the Planning Commission received written and oral evidence on the proposed project. Section 5. The record of the public hearing of July 8, 2009 indicates the following: Page 1 of7 Planning Commission Resolution No. 09-21 Conditional Use Permit 09-7 3001 Old Ranch Parkway (Kobe Japanese Steakhouse July 8, 2009 (a) On April 2, 2009, Rachel Park, representing BNP Enterprises, Inc., ("the applicant") filed an application for Conditional Use Permit 09-7 with the Department of Development Services. (b) The subject property is located in the Bixby Old Ranch Office Park, located north of the San Diego Freeway (1-405). (c) Surrounding land uses and zoning are as follows: SOUTH: A flood control channel and single family homes located in Rossmoor, an unincorporated community in the County of Orange. The Beverly Manor reservoir and fire station, separated from the subject property by the San Diego Freeway (1-405). Office buildings within the Bixby Old Ranch Office Park. Retail shops located within the General Commercial (C-2) Zone, separated from the subject property by Seal Beach Boulevard. NORTH: WEST: EAST: (d) The restaurant use comprises 8,147 square feet and is located on the eastern side of the Bixby Old Ranch Office Park, north of the San Diego Freeway (1-405). Section 6. Based upon the facts contained in the record, including those stated in ~5 of this resolution and pursuant to ~~ 28-1300.G.9 and 28-2503 of the City's Code, the Planning Commission makes the following findings: (a) CUP No. 09-7 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 Permit. The use as a restaurant 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. (b) The building and property at 3001 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. (c) 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. (d) The adjacent restaurant (Spaghettini) has provided live entertainment in excess of fifteen years with no substantial adverse impacts or enforcement actions. Page 2 of7 Planning Commission Resolution No. 09-21 Conditional Use Permit 09-7 3001 Old Ranch Parkway (Kobe Japanese Steakhouse July 8. 2009 ( e) The Seal Beach Police Department has reviewed the proposal and does not anticipate any problems, nor do they have any objections to the granting an indefinite extension ofthe entertainment permit. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Penuit 09-7, subject to the following conditions: 1. Conditional Use Permit 09-7 is approved for the modification of entertainment cafe hours at 3001 Old Ranch Parkway as follows: o 7:00 p.m. to 10:30 p.m., Sunday through Thursday; and o 7:00 p.m. to 12:00 a.m. (midnight), Friday and Saturday. 2. All entertainment conducted in accordance with this Conditional Use Permit shall occur within an enclosed building and not on any patio or exterior area of the restaurant that is not fully enclosed. 3. Entertainment acts shall consist of no more than four (4) members and the form of entertainment shall be limited to Jazz, Blues, Lounge, Vocal, or Soft Rock type music. Alteration of these standards shall be subject to review and approval by the Planning Commission. 4. All entertainment shall be performed in the restaurant's lounge area. 5. There shall be no dancing permitted on the premises. 6. A locking gate shall be installed and maintained in the patio area where the existing access to the patio area from the parking lot currently is. This gate shall be equipped with panic hardware, shall be locked from the outside, and shall have signage stating: "Please use main entrance" or similar verbiage. 7. A transparent, tempered glass (or similar material) wall shall be added to the existing masonry patio wall to bring the height of the patio wall to approximately six feet in height. 8. The applicant shall obtain building permits for all construction or improvements requiring such permits. 9. There shall be no music of any kind (live, recorded, or amplified) within the exterior patio area or the restaurant. 10. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control, and the applicant shall furnish the City a copy of the approved ABC license and a copy of any conditions placed on the license is received by the Department of Alcoholic Beverage Control. This shall be Page 3 of7 Planning Commission Resolution No. 09-21 Conditional Use Permit 09-7 3001 Old Ranch Parkway (Kobe Japanese Steakhouse July 8, 2009 done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 11. All alcoholic beverages sold in conjunction with the on-premise licensed establishment must be consumed entirely on the premises prior to closing time. None shall be sold as take-out. Consumption of alcoholic beverages is prohibited in the establishment's parking area or any adjoining non-approved seating areas. There shall be posting of signs both inside and outside the licensed premises indicating that California law prohibits drinking outside the licensed premises. 12. Whenever the outdoor dining area is being utilized for the sale, service, or consumption of alcoholic beverages, a premise employee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 13. Any alcoholic beverages sold to customers utilizing the outdoor dining space shall be served in bottles or glass containers only. 14. The establishment shall serve a complete menu of food until thirty (30) minutes prior to closing time. 15. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 16. Conditional Use Permit 09-7 shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 17. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and ski11s development: a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. c) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. Page 4 of7 Planning Commission Resolution No. 09-21 Conditional Use Permit 09-7 300 I Old Ranch Parkway (Kobe Japanese Steakhouse July 8. 2009 d) Methods for dealing with intoxicated customers and recognizing underage customers. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria: 1) Department of Alcoholic Beverage Control L.E.AD. Program Telephone: (714) 558-6482 2) Orange County AD.E.P.T. Program, for referral to either the RAD.D. or T.I.P.S. Program. Telephone: (714) 568-4187 18. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code, as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 19. In the event that staff determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 20. Unless otherwise superseded by conditions of this Conditional Use Permit, all existing conditions of CUP 99-1 and CUP 07-13 remain in full effect. 21. A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to change its type of liquor license b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the establishment. 22. 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. 23. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 24. The term of this permit shall be 12 months. At the end of the initial term, the applicant may apply to the City for an indefinite extension of Conditional Use Permit 09-7. The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The Page 5 of7 Planning Commission Resolution No. 09-2/ Conditional Use Permit 09-7 300/ Old Ranch Parkway (Kobe Japanese Steakhouse July 8, 2009 applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an indefinite permit. 25. This Conditional Use Permit shall become null and void unless exercised within I year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of 90 days prior to such expiration date. 26. 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 10 calendar-day appeal period has elapsed. 27. 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 exercise 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 attomeys' fees in any such lawsuit or action. 28. Failure to comply with any of the conditions of this Conditional Use Permit may result in revocation of the Conditional Use Pemlit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereofheld on the 8th day of July 2009 by the following vote: AYES: Commissioners Massa-Lavitt, Bello, Eagar, and Larson NOES: Commissioners None ABSENT: Commissioners Deaton ABSTAIN: Commissioners None Page 6 of7 Lee Whittenberg Secretary, Planning Commission Planning Commission Resolution No. 09-21 Conditional Use Permit 09-7 3001 Old Ranch Parkway (Kobe Japanese Steakhouse July 8, 2009 ~', fJ' I~.~ ./ /it; t/JMJ '/)/t1'n., -:/l'fflU- ' V Sandra Massa-Lavitt v Vice-Chairperson, Planning Commission ***** Page 7 of7