HomeMy WebLinkAboutCC Res 4879 2001-02-26
RESOLUTION NUMBER /f82f
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A RESOLUTION OF TI-IE CITY COUNCIL OF THE
CrTY OF SEAL BEACH AFFIRMrNG THE
PLANNING COMMISSION'S DENIAL, WlTHOUT
PREJUDlCE, OF A REQUEST TO MODIFY THE
CONDITIONS OF CONDITIONAL USE PERMlT 98-
18 TO EXPAND OPERATrNG I-lOURS AND TO
ALLOW LIVE ENTERTAINMENT ON A NIGHTLY
BASIS AT AN EXISTING RESTAURANT AT 143
MAIN STREET WITHOUT A SPECrAL ACTrVITIES
PERMIT (HENNESSEY'S TAVERN)
THE CITY COUNCrL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FIND:
Section I. On September 18, 2000, Hennessey's Tavern Inc. (the
"Applicant") filed an application with the Depmiment of Development Services tor an
indefinite extensiun of CUP 98-18, which pemlitled the conversion of 12 feet of existing
restaurant to an outduor dining area and related modilications at 143 Main Street. The
Applicant also requested modification of the conditions of CUP 98-18 to allow (i) the
restaurant to upen at 7:00 AM daily; and (ii) live entertainment on a nightly basis.
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Section 2. A duly noticed public hearing was held before the Planning
Commission on November 8, 2000, to consider the application for extending CUP 98-18
and modifying the conditions regarding operating hours and nighUy live enteliainmenl.
The Planning Commission approved the extension to Conditional Use Permit 98-18, but
declined to expand operating hours as requested or allow unregulated enteliainment on a
nightly basis without a Special Activities Pennit.
Section 3. TIle applicant appealed the Planning Commissiun's
decision not to expand the operating hours or allow nightly live entertainment. On
January February 7, 2001 the City Council held a duly noticed public hearing to consider
the appeal. The Council considered all oral and wriUen testimony and evidence presented
at the time ot"the public hearing, including the staff reports.
Section 4.
indicates the following:
The record of the public hearing before the City Council
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(a) The City approved a Conditional Use Pennit to conditionally
pennit a restaurant on the subject propeliy in 1989. At that time, the City imposed the
following operating hours: "11:00 A.M.-I:OO A.M., MaN-SAT; 9:00 A.M.-II:OO
SUNDAY." In 1998, the Applicant leased the subject property, and applied for a
Conditiunal Use Pennit to convert a p0l1ion of the dining area of the restaurant to an
outdoor dining area fur his new restaurant. On January II, 1999, the City Cuuncil
conditionally gmnted CUP 98-18 to alluw the outdoor dining area, subject to certain
conditions. On September 18, 2000 the Applicant filed an application with the
Depllliment of Development Services for an indefinite extension and amendment of CUI'
98-18. The Applicant proposed to (i) continue use of the outdoor dining area; (ii) change
the hours of opemtion to allow opening at 7 a.m. on a daily basis; ami (iii) offer live
entcrtainment starting at 9 p.m. on a nightly basis. TIle existing use is a full service
restaurant offering an assortment of food, non-alcoholic beverages, beer, wine and
distilled spirits.
(h) The subject propelty contains approximately 8,8 \3 square feet and
is located at the southwesterly comer of Main Street and Central Avenue. The subject
property is described as Orange County Assessor's parcel number 199-034-02.
Resolution Number~
(c) The City has granted the following approvals for the property:
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Variance 15-84 authorizing less than the required number
of on-site parking spaces.
CUI' 19-84 authorizing on-sale beer ami wine sales in
conjunction with a delicatessen restaurant.
CUP 22-84 authorizing the establishment uf a take-out
delicatessen restaurant.
Variance 2-89 authorizing less than tilt: required number of
on-site parking spaces in conjunction with a new restalll'anl.
CUP 2-89 authorizing an on-salc general liquor license in
conjunction with a restaurant. Among other conditions, the
hours of operation were established as "II :00 A.M.-l :00
A.M., MaN-SAT; 9:00 A.M.-It :00 SUNDAY"
CUP 92-13 authorizing a single, unamplilied entertainer
between 7:00 P.M. and II :00 P.M. daily.
CUP 98-18 authorizing an intenor remodel and a new
outdoor dining area. CUP 98-18 contains conditions
maintaining the same operating hours and requiring a
Special Activities Pennit tor live entertainment and
supercedes CUP 92-13 (January 2000).
Extension of CUP 98-18 (November, 2000).
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o
o
o
o
o
o
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Those approvals, and any conditions imposed therewith, are linal and,
with the exception of the two aforementioned conditions imposed in connection with
CUI' 98-18, are not the suhjects oflhis appeal.
(d)
follows:
NORTH
SOUTH &
EAST
WEST
The land uses and zoning sUlTOunding the subject property arc as
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Existing restaurant in the Main Street Specific Plan Zone.
Commercial retail businesses and restaurants in the Main
Street Specitic Plan Zone.
Residential High Density (RHO) Zone, including the
immediate neighbor Grace Brethren Church, and dwellings
(e) The Applicant's rcpresentatives testified in favor of the appeal.
They stated that they were withdrawing their request for live entertainment but wanted to
expand the operating hours to serve breakfast. They conceded that the Applicant has not
abidcd by the following conditions of City Council Resolution No. 4677 at the Planning
Commission meeting: Condition 119 (prohibiting opening before 11:00 AM Monday-
Saturday and 9:00 AM Sunday); Condition #11 (prohibiting extclior advCl1ising of
alcoholic beverages); and condition #25 (requiring closure of outdoor dining area at 9:00
PM nightly).
(t) One member of the public spoke in favor of the Applicant's
request fur enteltaimnent, while numerous members of the public spoke in oppusition to
live entertainment and expanded hours. A petition opposing the request was introduced
into evidence. In general, those opposing the request indicated that the subject property
is not an appropriate location for on-going live entertairnnent or expanded hours, and that
the Applicant's uperations have resulted in trash, noise, parking and trallie problems lilr'
the adjacent residential community. The Applicant submilled a petition in lavor of
expanded hours.
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Section 5. Based upon the facts contained in the record, including
those stated in ~4 of this resolution and pursuant to ** 28-1400, 28-2503 and 28-2504 of
the City's Code, the City Council hereby finds:
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Resolution Number~
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(a) In adopting Resolution No. 4677 in January 1999, the City Coundl
determined that operution of an outdoor dining area at the subject property, properly and
reasonably conditioned, is consistent with the Main Street Specillc Plan. Among those
conditiuns were maintaining the same operating hours enjoyed by the property since 1989
and the voluntary relinquishment of the property's privilege tu offer a single, unumplifi.:d
enteliaincr between 7:00 P.M. Ilnd J J :00 P.M. Condition No.9 provides: "The hours of
operation shall be as established by CUP No. 2-89: 11 :00 A.M.-I :00 A.M., Monday
through Saturday; 9:00 A.M. to 11:00 Sunduy." Condition No. 18 provides: "There
shall be no live entertainment, amplified music, or dancing pelmiUcd on the premises at
any time unless a Special Activities pennit is issued to the applicant by the City
Manager.n ,
(b) By grunting a six (6) month extension of ConditionallJse Permit
98-18, to enable the continued use of the outdoor dining area, the Planning Commission
found that un outduor dining area is consistent with the intent and purpose and vision
established fur the Main Street Speeilic Plan. However, the Commission declined to
extend the operuting hours, or to remove the condition that mandates there shall be no
live entertainment, amplified music, or dancing pennitted on the premises at any time
without a Special Activities permit. As to the expanded hours, the Commission did not
want to confer the additionul operating hours, primarily because the Applicant hud been
violuling cCliam conditions of CUl' 98-18, and had been operating prior to the required
opening time. Nightly live entertainment without a Special Activiti.:s Permit is an
inappropriate use for the Main Street Specilie Plan area, and is inconsistent with the goals
and objectives of the Specilic Plan and General Plan. Live entertainment on a regular
basis could create adverse environmental impacts such as nuise, iucreased traffic,
increased demand on parking and increased crime. All such potentiul impacts could
adversely impact the adjacefit~tesidential ncighborhood and the church. RelJuiring a
Special Activities I'er-ti!it provid€g7t~City the opportunity to mitigate such impacts by
imposing conditiollP.'Zcin a case-by-ct?e"&sis. Accordingly, the Commission granted the
six-month exteIlSjtl!~'but denieP,f~it@~t prejudice, modification of the conditions in
question. The COItlrtjission urged'the' ApJlicant to re-apply lor expanded operuting hours
lifter six months ill~~jl event APpIicant:~~~ld demonstrate compliance with the conditiuns
of CUP 98-18 over tliat six-month period.
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(c) At the heUling before the City Council, the Applicant withdrew its
request lor live enteJtainment, requesting that the Council remand the issue to the
Planning Commission so that the Applicant could discuss with the Commission and stan.
a numher of measures that might mitigate the adverse impacts associated with
unregulated, live entertainment. By aflirming the Cummission's decision without
prejudice, the Council hereby provides to Applicant that opportunity, and he may re-
apply at the same time that he seeks an cxtension on or belore May 6,2001, or at any
time thereafler. In any event, the Council hereby adopts the lindings set forth in sub
paragraph (b).
(d) As to the expanded hours, the Council is unable to make the
necessary findings as to the merits of modifying the condition, first imposed in t989, to
expand operating huurs. Applicant's predecessor operated a restaurant at the sile for ten
years with the identical hours of operation. In January 1999, the Council asked the
Applicant about whether the restaurant would be serving breakfast. He replied, "if there
are a number of requests Irom the pub lie for breakfasts, that could prompt II requcst for
an earlier opening hour." However, instead of applying for an earlier opening hour, the
Applicant began opening earlier, in violation of Condition No. 9 of CUP 98-18. By
atlinlling the COlllmission's decision without prejudice, the Council has allowed
Applicant the opportunity to demonstrate that he will comply with the conditions, and he
may re-apply for modification to his operating hours at any time.
Section 6. Based upon the foregoing, the City COllncil hereby aflinns
the deciMion of the Planning Commission and denies, without prejudice, 1lI0clifiealioIJ uf
Conditions 9 and l8 of CUP 98-18. The Applicant is li'ce to re-apply for mOllIfication to
sllch conditions at any time.
Resolution Number~
Section 7. The lime within which judicial review, if available, of this
dceision must be sought is govemed by Section 1094.6 of the California Code uf Civil
Procedure and Section 1-13 of the Code of the Citv of Seal Beach, unlcss a shorter tune is
provided by applicable law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal
Beach t a meeting thereof held on the .J!?L.!!J. duy of
2001, by the following vote:
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AYES: Couneilmemb
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NOES: Councilmembers
ABSENT: COllncilmembcrs
ABSTAIN: COllneilmembers
Patricia E. Campbell
MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yeo, City Clerk of Seal Beach, Califomia, d hereby celtity that the foregoing
resolution is the original copy of Resolution Number on file in the ollice of the
City Clerk, passed, approved, and adopted by the City Counc ofthe~Wf Seal Beach, at
r liar ,meeting thereof held on the ~ _ day of
, 001.
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Resolution Number~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
/)/
all in the year 2001.
Proof of Publication of
'''t'''', 'NOTICEOF. ':
,. :' :'PUBLIC HEARINI1: ~,
NemeE IS HEREBY GIVE" thai. the
.... ...... City of 5,.1 Beach will hold Ii 'public ,.........
h..rlng on Monday;Jenuery 22.:
2001, a. 7.00 p.m. In the City CoUncIl
Chamber.: 211 Eighth Str..t, Seal
.......... Beich.Celllornll, to furtheraonald- ..........
,~rth.~II,~~~I.t.~:...~ :..~ ~I:.
,'- APPEAl:: OF'CONDITIONAl'USE
- PERMIT 98-18 (6 MONTH EXTEN-, '
SION) INTeRIOR REMODEL AND .~
OUTDOOR DINING AREA 143 MAIN
, .'.' ,; STREET.'- ' . '
Appllcenta R.qu....: To continue to
- operate In a remo~eled struclUnl With
an ouldoor pallO The Cuy Council
ooglnally approv"'! !<Up g8-1811 Jan.
uary. 1999. Nlhs end 01 the review
-peno~ Ihe appllcanl applied tor an
indefinite axlenSlon. The Planning
Commission granled 8 six month.'
extensIOn That approval.. Its condl-
liOns. and the appllcanl's requeslto
add live mllSlc (which WBS denied by
the Planning Commission) ara (he
sublact of this appeal ,~ I .
. Envtronmtlntal RevIew: ThIs prcId-
Is categorically exemptl(Om CeQA '
r8VIew lor the Inlenor remodel propos- '
a18 and NegalMl Dadarahpn 96-' ade-
quately discusses lhe enVironmental '
,Impacts 01 partially enclosed and cov-
ered oUldqor, dining areas on Main
'Slreet ._...... .t. . . * .
COde Sections: 28-1250 28-2503
28:2504 . - . :.
Appllc8nt: Hennesaay's Tavem Ine :
. Owner: Dorothy Nesd181 -.. '
At Ihe abovel1me and pia a111f1ter- -
:ast~d persons may be heard II so.
deSIred rr Y9U challenge Ihe proposed_
actlOl181f1 cOu,l, you inay be Ilndlttd 10
- raiSIng oply thDSB19SU81i ~ ~r lOIne-.
lone else raised alUle publiC heenng
.,.descnb9d In ttu 11DIJC8, or 11 wnIIen cor. -.
,respondence delivered 10 Ihe City 01'
'Seal Beach ill, or pRor la, the public
".h~-'.":=:'-'."- .,'
: ~ilThiS411;'..,y;"Joiilu"'Y' 2001
". ' . J4~1 -:".J \ '-,
Joame Yeo, ,.
'Qty'Clatk "',,~ '. ' ' ,
O;f~~~tt~ ;~i~;. t:.~~~~, s.u~.1
I certify (or declare) under penalty of
perjury that the foregoing is true and
correcl.
Dated at Seal Beach, CA,
this /1 day of r ,2001.
.4~~
Sig ture
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
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