HomeMy WebLinkAboutPC Res 10-31 - 2010-07-21RESOLUTION NUMBER 10 -31 1 4 � y
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING THE INDEFINITE EXTENSION OF
CONDITIONAL USE PERMIT 09 -7 ALLOWING AN
EXPANSION OF LIVE ENTERTAINMENT HOURS,
THE PROVISION OF OUTDOOR SEATING, AND
A MODIFICATION OF CONDITION NO. 7 OF THE
EXISTING CUP 09 -7 (CONDITION NO. 8 OF THIS
CUP) IN CONJUNCTION WITH AN EXISTING
RESTAURANT, BAR, AND ENTERTAINMENT
CAFE AT 3001 OLD RANCH PARKWAY, SEAL
BEACH, CA (KOBE JAPANESE STEAKHOUSE).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On June 4, 2010, Bumjin Park, representing BNP
Enterprises, Inc., (the "applicant ") filed an application for Conditional Use Permit 09 -7
(Indefinite Extension) with the Department of Development Services.
Section 2 . The applicant is requesting the Indefinite Extension of the
existing Conditional Use Permit 09 -7, which expanded the hours of live entertainment
and allowed outdoor seating in conjunction with an existing restaurant, bar, and
entertainment cafe (Kobe Steakhouse), as well as a modification to Condition #7 of the
existing Conditional Use Permit (Condition #8 of this CUP). Condition #7 required a
transparent, tempered glass (or similar material) wall to be added to the existing
masonry patio wall for security and sound attenuation.
Section 3 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Conditional Use Permit 09 -7 (Indefinite
Extension) 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 21, 2010, to consider the application for Conditional Use Permit
09 -7 (Indefinite Extension). At the public hearing the Planning Commission received
written and oral evidence on the proposed project.
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Planning Commission Resolution No. 10 -31
Conditional Use Permit 09 -7 (Indefinite Extension)
3001 Old Ranch Parkway (Kobe Japanese Steakhouse
July 21, 2010
Section 5 . The record of the public hearing of July 21, 2010 indicates
the following:
(a) On June 4, 2010, Bumjin Park, representing BNP
Enterprises, Inc., (the "applicant ") filed an application for Conditional Use Permit 09 -7
(Indefinite Extension) 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:
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 San Diego Freeway (1 -405).
WEST: Office buildings within the Bixby Old Ranch Office Park.
EAST: Retail shops located within the General Commercial (C -2) Zone
separated from the subject property by Seal Beach Boulevard.
(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).
(e) The Planning Commission originally approved
Conditional Use Permit 09 -7 at their regular meeting of July 8, 2009.
(f) Since the original approval, there have been no
known problems or adverse impacts to the surrounding neighborhood resulting from the
approval of Conditional Use Permit 09 -7.
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) Conditional Use Permit 09 -7 (Indefinite Extension) 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
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Planning Commission Resolution No. 10 -31
Conditional Use Permit 09 -7 (Indefinite Extension)
3001 Old Ranch Parkway (Kobe Japanese Steakhouse
July 21, 2010
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.
(e) The Seal Beach Police Department has reviewed the
proposal and has not been made aware of any problems over the past year, nor do they
have any objections to the granting of an indefinite extension of the entertainment
permit.
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 09 -7 (Indefinite Extension), subject to the following
conditions:
Conditional Use Permit 09 -7 (Indefinite Extension) is approved for entertainment
cafe hours at 3001 Old Ranch Parkway (Kobe Japanese Steakhouse) as follows:
❑ 7:00 p.m. to 10:30 p.m., Sunday through Thursday; and
❑ 7:00 p.m. to 12:00 a.m. (midnight), Friday and Saturday
2. Permitted business operation hours are as follows:
❑ 7:00 p.m. to 10:30 p.m., Sunday through Thursday; and
❑ 7:00 p.m. to 12:00 a.m. (midnight), Friday and Saturday
3. 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.
4. 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.
5. All entertainment shall be performed in the restaurant's lounge area.
6. There shall be no dancing permitted on the premises.
7. 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
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Planning Commission Resolution No. 10 -31
Conditional Use Permit 09 -7 (Indefinite Extension)
3001 Old Ranch Parkway (Kobe Japanese Steakhouse
July 21, 2010
have signage stating: "Please use main entrance" or similar verbiage. Applicant
shall have 30 days from the approval date of this Indefinite Extension to comply
with this condition. If the business is not in compliance within 30 days, staff will
bring the matter back before the Planning Commission for disposition.
8. The patio area shall be enclosed by a minimum 36" solid masonry wall as well as
a minimum 6' high landscape screen or solid hedge to be continuously
maintained. If the landscape screen is not maintained, the applicant shall be
required to install a tempered glass or other transparent, sound attenuating
material upon the solid block wall that is no less than 6' in height from grade.
9. The applicant shall obtain building permits for all construction or improvements
requiring such permits.
10. There shall be no music of any kind (live, recorded, or amplified) within the
exterior patio area or the restaurant.
11. 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 done as soon as the license is received by the
applicant from the State of California Department of Alcoholic Beverage Control.
12. 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.
13. 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.
14. Any alcoholic beverages sold to customers utilizing the outdoor dining space
shall be served in bottles or glass containers only.
15. The establishment shall serve a complete menu of food until thirty (30) minutes
prior to closing time.
16. 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.
17. Conditional Use Permit 09 -7 (Indefinite Extension) 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.
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Planning Commission Resolution No. 10 -31
Conditional Use Permit 09 -7 (Indefinite Extension)
3001 Old Ranch Parkway (Kobe Japanese Steakhouse
July 21, 2010
18. 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 skills
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.
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.A.D. Program
Telephone: (714) 558 -6482
2) Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D. or
T.I.P.S. Program.
Telephone: (714) 568 -4187
19. 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.
20. 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.
21. Unless otherwise superseded by conditions of this Conditional Use Permit, all
existing conditions of Conditional Use Permit 99 -1 and Conditional Use Permit
07 -13 remain in full effect.
22. A modification of this Conditional Use Permit shall be applied for when:
a. The establishment proposes to change its type of liquor license.
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Planning Commission Resolution No. 10 -31
Conditional Use Permit 09 -7 (Indefinite Extension)
3001 Old Ranch Parkway (Kobe Japanese Steakhouse
July 21, 2010
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.
23. 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.
24. 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.
25. This Conditional Use Permit shall become null and void unless exercised within 1
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 attorneys' 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 Permit.
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Planning Commission Resolution No. 10 -31
Conditional Use Permit 09 -7 (Indefinite Extension)
3001 Old Ranch Parkway (Kobe Japanese Steakhouse
July 21, 2010
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 21 st day of July 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Cummings, Galbreath, and
Massa -Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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