HomeMy WebLinkAboutCC Res 4677 1999-01-11
'RESOLUTION NUMBER ~ '11
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A RESOLUTION OF TIlE CITY COUNCIL OF
THE CITY OF SEAL BEACH SUSTAINING
THE PLANNING COMMISSION APPROVAL
OF CUP NO. 98-18, ALLOWING A
MODIFICATION TO THE CONDITIONS OF
APPROVAL ON AN EXISTING LAND USE
ENTITLEMENT TO ALLOW INTERIOR
REMODELING AND AN OUrpOOR DINING
AREA AT AN EXISTING RESTAURANT AT
143 MAIN STREET (HENNESSEY'S TAVERN)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESqL VE, DETERMINE AND FIND:
Section 1. On November 5, 1998, Hennessey's Tavern Inc. (the
"Applicant") filed an application with the Department of Development Services for
Conditional Use Permit 98-18, for an interiOr" remodeling of the existing restaurant, the
creation of a semi-enclosed outdoor dining area, and the relocation of the front entry into
the restaurant from the front of the restaurant to the northerly side of the restaurant,
adjacent to Main Street.
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Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ II.B of
the City's Local CEQA Guidelines, staff has determined as follows: The application for
CUP 98-18 for the proposed interior remodeling is categorically exempt from review
pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs.
~ 15301 (Minor Alterations in Land Use Limitations), because the proposal involves a
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, the proposed outdoor dining area was considered as part of Negative
Declaration 96-2, evaluating the environmental impacts of the Main Street Specific Plan.
Section 3. A duly noticed public hearing was held before the Planning
Commission on December 9, 1998, to consider the application for CUP 98-18. At the
public hearing the applicant spoke in favor of the request, with persons appearing both in
favor of and in oppositipn to the request. .
Section 4. The Planning Commission approved Conditional Use
Permit 98-18 subject to 35 conditions through the adoption of Planning Commission'
Resolution No. 98-50.
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Section 5. An appeal of the Planning Commission's approval of
Conditional Use Permit 98-18 was timely filed. On January 11, 1999 the City Council
held a duly noticed public hearing to consider the appeal. The Council considered all oral
and written testimony and evidence presented at the time of the public hearing, including
the staff reports.
Section 6. The record of the hearings before the Planning Commission
and City Council indicates the following;
(a) On November 4, 1998, Hennessey's Tavern Inc., submitted an
application for CUP 98-18 with the Department of Development Services.
Resolution Number ~ 71
(b) Specifically, the applicant is proposing to remodel the interior of
an existing restaurant and proposing to convert the front 12 feet of the existing restaurant
to an outdoor dining area.
(c) The subject property contains approximately 8,813 square feet and
is located at the southwesterly corner of Main Street and Central Avenue.
(d) The subject property is legally described as Orange County
Assessor's parcel number 199-034-02. The adjoining parking lot, under a joint lease by , I
the subject restaurant business and John's Food King, is legally described as Orange
County Assessor's parcel number 199-034-01.
(e) The subject property contains a restaurant which is proposed to be
refurbished and remodeled. Previous to the present owners, Papillon Restaurant had
operated on the site for over 8 years with no history of extraordinary demand for law
enforcement services regarding the restaurant or sales of alcoholic beverages on the
property.
(f) The proposed restaurant is a full service restaurant, relocating from
across Main Street at 140 Main Street. The restaurant will sell an assortment of non-
alcoholic beverages as well as beer, wine and distilled spirits.
(g) The City has granted the following approvals for the property:
o Variance 15-84 - parking variance for less than the required
number of on-site parking spaces.
o CUP 19-84 - permit on-sale beer and wine sales in conjunction
with a delicatessen restaurant.
o CUP 22-84 - permit the establishment of a take-out delicatessen
restaurant.
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o Variance 2-89 - parking variance for less than the required number
of on-site parking spaces in conjunction with a new restaurant.
o CUP 2-89 - permit an on-sale general liquor license in conjunction
with a new restaurant.
o CUP 92-13 - permit a single, unamplified entertainer between 7:00
P.M. and 11 :00 P.M., daily.
(h) The subject property is legally nonconforming due to inadequate
parking. The property is eleven (11) spaces deficient and is required to participate in a
pre-existing in-lieu parking program.
(i)
NORTH
The surrounding land uses and zoning are as follows:
Existing restaurant in the Main Street Specific Plan Zone.
SOUTH
EAST
& Commercial retail businesses and restaurants in the Main Street
Specific Plan Zone.
WEST
Grace Brethren Church in the Residential High Density (RHO)
Zone.
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G) Michael Sellers, Chief of Police, has reviewed the proposal and
existing records, and has no reservation regarding the proposed remodeling, other than a
concern regarding persons stepping outside the restaurant for smoking purposes, and the
potential for related noise created by those persons. He also recommends the proposed
semi-enclosed outdoor dining area be enclosed as recommended by Staff after 11 :00 P.M.
Resolution Numbe~r/
(k) An appeal of the Planning Commission determination was filed by
Donald Shoemaker on December 16, 1998, in accordance with Article 29.4 of the Code
of the Citv of Seal Beach.
Section 7. Based upon the facts contained in the record, including
those stated in fi6 of this resolution and pursuant to fifi 28-1400, 28-2503 and 28-2504 of
the City's Code, the City Council hereby finds:
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(a) Conditional Use Permit 98-18 is consistent with the provisions of
the Land Use Element of the City's General Plan and the Main Street Specific Plan,
which provides a "Main Street Specific Plan" designation for the subject property and
permits restaurants serving alcoholic beverages subject to the issuance of a conditional
use permit and semi-enclosed restaurants. The use is al~o consistent with the remaining
elements of the General Plan, as the policies of those elements are consistent with, and
reflected in, the Land Use Element. Accordingly, the proposed use, as conditioned by the
City Council regarding utilization of the outdoor dining area, parking area and side door,
is consistent with the General Plan and the Main Street Specific Plan.
(b) The style, height and bulk of the remodeled existing structure are
consistent with surrounding commercial and institutional uses, in that a restaurant has
been operated in the structure for 8 years.
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(c) The building and property at 143 Main Street are adequate in size,
shape, topography, and location to meet the needs of the proposed remodeled restaurant
and the proposed outdoor dining area, as the existing building provides a buffer between
the outdoor dining area and the adjacent commercial and institutional uses. The nearest
residential property is approximately 130 feet to the southwest, south of Grace Brethren
Church and 340 feet to the west, along Central Avenue at the comer of Central Avenue
and Seventh Street. In addition, the proposed conditions of approval regarding the
outdoor dining area, parking lot and side door, are sufficient to protect the residential uses
within the area from adverse noise impacts.
(d) Required adherence to applicable building and fire codes will
ensure there will be adequate w~ter supply and utilities for the proposed use.
(e) The previously approved hours of operation cannot be modified by
the City without the matter being properly before the City for consideration, either by a
request for modification of the hours of operation, or through an enforcement matter for
ongoing disturbances to the surrounding land uses by the operating hours of the
restaurant. Neither of those circumstances exist. However, the appellant's concern is
already addressed by existing law, which requires a public hearing before the Planning
Commission prior to any amendment to a Conditional Use Permit, including a change in
the hours of operation.
Section 8. Based upon the foregoing, the City Council. hereby
approves Conditional Use Permit 98-18, subject to the following conditions:
1. CUP # 98-18 is approved for the interior remodeling of an existing restaurant
and to permit a partially enclosed and covered outd.oor dining area within the
front 12 feet of the existing restaurant structure located at 143 Main Street,
Seal Beach. The bar shall be reduced in length from 32 feet to 28 feet.
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2.
The applicant remains bound by all conditions of CUP No. 2-89 and Variance
No. 2-89.
3. The Applicant has voluntarily agreed that there shall be no live entertainment
on the subject property, and thus agrees to surrender all rights and privileges
granted by Conditional Use Permit 92-13 regarding...live entertainment on the
subject premises.
4. The applicant shall comply with all restrictions placed on the license issued by
the State of California's Department of Alcoholic Beverage Control (ABC).
Resolution Number ~ 77
This shall be done as soon as the license is received by the applicant from
ABC.
5.
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 on any public rights-of-way
adjacent to the subject property. There shall be posting of signs both inside
and outside the licensed premises indicating that law prohibits drinking
outside the licensed premises.
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6. It shall be the responsibility of the applicantllicensee to provide all employees
that sell or serve alcoholic beverages with the knowledge and skill enabling
them to comply with their responsibilities under State of California law.
7. The knowledge and skills deemed necessary for responsible alcoholic
beverage service shall include, but not be limited to the following topics and
skills development:
lJ State law relating to alcoholic beverages, particularly ABC and penal
provisions concerning sales to minors and intoxicated persons, driving
under the influence, hours of legal operation and penalties for violation of .
these laws.
lJ The potential legal liabilities of owners and employees of businesses
dispensing alcoholic beverages to patrons who may subsequently injure,
kill, harm themselves or innocent victims as a result of the excessive
consumption of alcoholic beverages.
lJ Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
lJ Methods of dealing with intoxicated customers and recognizing under age
customers.
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8.
The following organizations provide training programs, which comply with
the above criteria:
lJ Provider:
Program:
Telephone:
Date:
Time:
Cost:
Place:
lJ Provider:
Program:
Telephone:
Date:
Cost:
Department of Alcoholic Beveral!:e Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
1st Monday of each month
10:00 a.m. to 1:30 p.m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
Oranl!:e County Health Care Al!:ency
Alcohol & Drug Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860. Karen Keay
They will schedule appointments
$12.95 per person
9. The hours of operation shall be as established by CUP No. 2-89:
11 :00 A.M. to 1 :00 A.M., Monday through Saturday
9:00 A.M. to 11:00 P.M., Sunday
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10. No video games or similar amusements shall be permitted on the premises
unless a separate conditional use permit is approved for that use.
I 1. 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.
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17.
Resolution Number~;7~
12. The applicant will prominently display these Conditions of Approval in a
location within the businesses' customer area that is acceptable to the Director
of Development Services.
13. The establishment shall have a public telephone listing.
14.
Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of such establishments shall remove
trash and debris on an appropriate basis so as not to cause health problems.
There shall be no dumping of trash and/or glass bottles outside the
establishment between the hours of 10:00 p.m. and 7:00 a.m.
15. In the event 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 provisions of additional security
measures.
16.
CUP #98-18 shall be automatically terminated if the operation is no longer
maintained as a "bona fide public eating place" as defined by the ABC, and as
audited by the City staff. The applicant shall reimburse the City for all
reasonable costs associated with said audit, said reasonable costs not to exceed
$3,000.00. Said audit to be conducted upon completion of the first twelve
(12) months business operation. The Planning Commission is hereby
delegated the discretion to accept an audit prepared on behalf of the ABC in
lieu of requiring a separate audit. Thereafter, additional City audits shall be at
the sole expense of City unless said audits verify incorrect percentages offood
and alcohol sales so as require reclassification of the licensed premises as
other than a "bona fide public eating place" as defined by the Department of
Alcoholic Beverage Control, based on audits or financial reports as submitted
by the business operator as part of its yearly internal audit/financial reports or
audit reports submitted to the Department of Alcoholic Beverage Control.
The establishment must serve a complete menu of food until thirty (30)
minutes prior to closing time.
18. There shall be no live entertainment, amplified music, or dancing permitted on
the premises at any time unless a Special Activities permit is issued to the
applicant by the City Manager of the City of Seal Beach.
19. The establishment shall comply with Chapter 13D, "Noise Control", of The
Code of the Citv of Seal Beach 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 the subject CUP for reconsideration and may require the
applicant/operator to mitigate the noise level to comply with the provisions of
Chapter 13D.
20.
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21.
This CUP 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.
A modification of this CUP shall be applied for when:
lJ The establishment proposes to change its type of liquor license.
lJ The establishment proposes to modify any of its current Conditions of
Approval.
lJ There is a substantial change in the mode or character of operations of the
establishment.
22. The Planning Commission reserves the right to revoke or modify this CUP
pursuant to Articles 25 and 28 of The Code of the Citv of Seal Beach if harm
Resolution Number #677
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.
23.
Whenever the outdoor dining area is being utilized for the sale, service or
consumption of alcoholic beverages, a premise employee shall be in
attendance.. He/she must maintain continuous supervision at all times to
ensure the outdoor dining area does not create a public nuisance contrary to
public welfare and morals.
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24. All alcoholic beverages served in the outdoor dining area must be served in
glass containers; none may be served in bottles.
25. The outdoor dining area shall be completely surrounded by a minimum 36"
high fence/enclosure. In addition, this area shall be capable of being
completely enclosed by double-paned sliding glass doors, and said area shall
be completely closed in at 2:00 PM each night. No ingress/egress shall be
permitted tolfrom the outdoor dining area, except through the interior of the
restaurant and the permitted entrance from the parking lot area adjacent to
Main Street.
26. The applicant shall continue to pay a parking impact mitigation fee in the
amount of $100 per space per year for the eleven (11) deficient parking
spaces, and building permits shall not be issued for the proposed construction
approved by this Conditional Use Permit until all delinquent fees are paid in
full and no outstanding payments for this property exist.
27.
Provide a minimum 3-foot wide landscaped planter area along Central
Avenue, enclosed by a minimum 6" high concrete curb. Landscape plans to
be reviewed and approved by the Street Tree Division of the Parks and
Recreation Department. Automatic sprinkler system to be provided.
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28. A grease trap shall be provided for the restaurant in accordance with the
standards of the Orange County Health Department.
29. Applicant and City to explore in good faith the feasibility of constructing a
"comer bench, Newspaper racks, and trash receptacle" structure at the comer
of Main Street and Central Avenue as set forth in the design concepts for the
"Preliminary Streetscape Plan - Main Street Specific Plan" as prepared by
RRM Design Group. City and applicant to share on a 50150 cost ratio the
preparation of preliminary design concept and final construction plans, if
determined feasible. If construction is determined feasible, City and
Applicant to share all construction costs on a 50150 cost ratio.
30. Within 3 months of the final inspection for said remodeling activities, the
Applicant shall complete the following public improvements along Main
Street and Central Avenue:
lJ Central Avenue - Remove and replace all sidewalk, curb and gutter, and
replace in accordance with City standards (City to share costs on a 50150
ratio).
lJ Main Street - Remove and replace all stamped brick sidewalk/access ramp
at the corner of Main Street and Central Avenue and replace in accordance
with City standards; remove and replace curb, gutter and sidewalk along
that portion of Main Street adjacent to the front building overhang, back to
the second score line. and replace in accordance with City standards (City
to share costs on a 50150 ratio).
lJ Health and viability of existing ficus trees along Central Avenue to be
reviewed by the Street Tree Advisory Cominittee, and if.determined to be
appropriate to be replaced, City to share replacement cost on a SO/50 ratio.
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Resolution Number~~
3 I. The door to the establishment facing Central Avenue shall be an emergency
exit only, subject to the approval of the Orange County Fire Authority. If the
door is required to be operational for ingress and egress, the exterior side of
the door shall be designed to discourage use as a main entrance to the
establishment.
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32.
The parking lot shall be d9igned with a low wall to prevent direct pedestrian
access to the parking lot from the Northeast corner ofthe building. Applicant
shall provide a bench or other seating acceptable to the Director of
Development Services and ashtrays within the pedestrian access area.
33. This CUP shall become null and void unless exercised within one (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 ninety (90) days prior
to such expiration date. .
34. The term of this permit shall be six (6) months, beginning the first day of
operation of the new restaurant. At the end of the initial term, the applicant
may apply to the City for a twelve (12) month extension, and finally, an
indefinite extension. The Planning Commission may grant an extension as
discussed above, provided that all Conditions of Approval have been met and
no significant police or other problems have occurred. The applicant is
hereby advised that a new application and accompanying fee must be
submitted to the City prior to consideration of any extensions.
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Section 9. The time within which judicial review, if available, of this
decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and Section 1-13 of the Code of the City .0fSea] Beach. unless a shorter time is
provided by applicable law.
NOES:
D, APPROVED, AND ADOPfED by the City Counc~f the City of
ch at a meeting thereof held on the / / - day of
, 1999, by the following vote: .
AYES:
ABSENT:
Councilmembers
VACANCY:
CouncilJnembers
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YJff1jJ,liu ~ e~
MAYOR PROTEM '
Resolution Number 1/1:,71
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yea, City Clerk of Seal Beach, California, do ~ereby certify that the
foregoing resolution is the original copy of Resolution Number #-6 -J7 on file in the I
offi the City Clerk, passed, approved, and adopted by the City Council of the City of
S ch, at a regular meeting thereof held on the !If(!. day of
,1999.
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000__. _. . "",__I_r'lol ,""'. 0
12015.5 C.C.P.)
ResoLution Number
#1,71
1111""" .;:)~.......,\"o....1 loJl."'II';" ......,....,~.U}
Clerk's Filing Stemp
STATE OF CALIFORNIA,
County of Orange-.,_
I am a citizen of the United States
and a resideht 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.
lam the principal clerk of the printer
f the SEAL BEACH SUN;a .
ewspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper tJas
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
~han nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to.INit:
I.~S(
all in the yeai 1998.
Proof of Publication of
.....".............,..........................
.....,.................,.......................
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
_' ~ ,~APPEAlOF." - ~ . ~
CONDITIONALUSEPERMIT98.18 -
INTERIOR REMODEL AND ;
. - OlJT1)()OR DINING AREA ,. : I'
-. . . :.1:$3MmnStreet.. - .
'Aeq'uesi: To re.:oodel the intenor'of..
an elClstlng restaurant locllted at the
southwest comer of Main Street and;
Central Avenue Bnd to. permit a partJal- .
Iy enclOsed and covered outdoor din-
Ing area within the front 12 feet of the
8X:lSIlng restaurant structure, In accor- .
dance WIth the proviSIonS of Secbon 28-
1251,1,c .:..., , .._ .
~v1ronm"""l AevhM: This PrOtect
__fnlmCECA......,
for tfie mOOr remodel proposals and ,
Negative Decfaratlon 96-1 adequately
discusses the envronmentallmpacts
of partlBHy enclosed and coveretf out- .
~r dining areas on MaIn Street .
i::Ode So",,,;,: 28-1250,81'6),28-
2503;28-2504 4_,' ...,' ~., " :
~pllc.nt~ Henn~iiTBwm !nc' .
Own...: Dorothy Nescher '
At th8 above lime and place all Inter-
sIted persons may be heard If so
deSired If you challenge the proposed
actions In court. you may be limited to ,
, r8l8lng only those ISSU8S you or some. .
one else r8lsed at the public hearrng
descnbed In hs noIIc8, or In wntten car-_
respondence deliverer! to the City, of
Seal Beach at, or pnor to, the publiC
hearing '_ ~ _ "
"OATED This 22nd day of December._
1998~ . '.~.._ -,:~ ._."~.. .
Joanne Yea .
_ CIIy.a.rk
Publls'~ed In the Seal Beach Sun
12/31198 - "'.
~. . .
- ----... ---~-
Dated at Seal Beach, CA,
thi~31 dayof~1998.
~~._-
. 'nature
PU3U::::ATION PROCESSED BY:
THE SUN NE\,lfSPAPERS
216 Main Streel
SeaLBeach, CA 90740
(562) 430-7555 . (714) 759-7726
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