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Home My WebLink AboutCC Res 4408 1995-11-27 I I I RESOLUTION NUMBER 4408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUSTAINING THE PLANNING COMMISSION DETERMINATION REGARDING CUP 9S-3, DENYING AN APPEAL OF CONDmON 4, RELATING TO HOURS OF OPERATION, AND PERMITTING A LIMITED EXTENSION OF OPERATING HOURS AT AN EXISTING RESTAURANT IN CONJUNCTION WITH AN EXISTING ALCOHOL- RELATED LAND USE AT SSO PACIFIC COAST IDGHWAY, #111, SEAL BEACH (LOS CABOS MEXICAN RESTAURANT) THECITYCOUNClLOFTHECITYOF~ALBEACHDOESHmffiBY RESOLVE, DETERMINE AND FIND: Section 1. On March 23, 1995 Dave Bonadonna ("the Applicant") flied an application for CUP 95-3 with the Department of Development Services. Through CUP 95-3, the applicant seeks approval to extend the operating hours of an existing alcohol-related land use at 550 pacific coast highway, #111, Seal Beach. Specifically, the applicant is requesting to extend the hours of operation from the current hours of 10:00 AM to 10:00 PM Sunday through Thursday and 10:00 AM to 11:00 PM Friday and Saturday to the new hours of 8:00 AM to 1:00 AM daily. Section 2. A duly noticed public hearing was held before the Planning Commission on May 3, May 17, and June 21, 1995 to consider the application for CUP No. 95-3. Written evidence was submitted against the project. At the public hearing the applicant and one person spoke in favor of the request with two persons speaking in opposition. Section 3. The Planning Commission approved CUP 95-3 on a 5-0 vote. Condition No.4 of Resolution No. 95-12, approved by the Planning Commission, states, "The hours of operation shall be: 8:00 A.M. to 10:00 P.M. Sunday through Thursday 8:00 A.M. to 12:00 A.M. Friday, Saturday and Holidays. Section 4. An appeal of the above described condition of the Planning Commission was duly filed with the City by the applicant, and the City Council held a duly noticed public hearing on July 24, 1995. At the July 24, 1995 public hearing, the City Council considered all oral and written testimony and evidence presented at the time of the public hearing, including the staff reports. Persons spoke in favor of and against the application, including the Applicant. At the conclusion of the public hearing the City Council directed staff to prepare a resolution sustaining the decision of the Planning Commission on a 2-1-2 vote, with two members of the City Council being absent. In accordance with Council direction, a resolution was presented to the City Council on August 28, 1995. The City Council took no action on the draft resolution, and rescheduled the matter for a public hearing before the full City Council on September II, 1995. The public hearing was continued to October 9, 1995, without receiving public testimony, and the City Council held the duly noticed public hearing on October 9, 1995. At the October Res.olution Number 4/jt7t; 9, 1995 public hearing, the City Council considered all oral and written testimony and evidence presented at the time of the public hearing, including the staff reports. Persons spoke in favor of and against the application, including the property owner, representing the Applicant. Section 5. The evidence submitted to the City Council indicated: 1. The subject property is l~tecJ within the Bay City Center at 550 Pacific Coast Highway, Suite 111. The surrounding land uses and zoning are as follows: NORTH &. EAST - A mixture of commercial uses in the General Commercial zone, (C-2); SOUTH - Across Marina Drive and the Electric Avenue green belt is a church in the General Commercial zone, (C-2); and WEST - Aaoos Fifth Street are single family residences in the Residential Low Density zone, (RID). 2. The proposed extension of the hours of operation as set forth in the appeal request will result in an increase in alcohol-related impacts on surrounding sensitive land uses during late evening hours. Recently the City has undertaken an attempt to standardize operating hours of approved alcohol-related land uses. The proposed request exceeds those standard hours. 3. The continued sale of beer, wine and distilled spirits for on-premises consumption during the applicant's requested extended hours, between 10:00 PM and 1:00 AM, is not compatible with the character of the surrounding residential neighborhood due to the noise and other impacts which would be generated by patrons exiting the premises late in the evening while surrounding residents are sleeping. 4. The Seal Beach Police Department has reviewed the existing records and has potential reservations about permitting the requested extension of operating hours for the subject restaurant and the proposed remodel. Based on these concerns the police department is recommending a six (6) month review period. Section 6. Based upon the evidence, and pursuant to II 28-2503 and 28-2504 of the City's ~, the City Council hereby finds: 1. Granting the appeal and allowing the applicant to expand his hours of operation would be to allow a use which is incompatible with and detrimental to surrounding uses of the Bay City Center, which are primarily single-family residential in nature. However, a reduced extension, as set forth in Condition 4 of Planning Commission Resolution 95-12, is compatible provided the other conditions set forth in Planning Commission Resolution 95-12 are complied with. 2. Accordingly, the appeaI is be denied pursuant to Sections 28-2503 and 28-2504 of the Code of the City of Seal Beach. Section 7. Based on the foregoing, the City Council hereby sustains the decision of the Planning Commission and affirms the imposition of Condition No. 4 relating to permitted hours of operation, and denies the appeaI of the applicant to modify that condition of approval. Section 8. 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 of Seal ~"h, unless a shorter time is provided by other applicable law. I I I I I I Councilme Councilmembe~; ~ ~~ PASSED, APPROVED AND ADOP at a meeting thereof held on the & 1995, by the following vote: AYES: NOES: ABSENT: A'ITEST: r)/ /. ce)'7tLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS Resolution Number ~~t'l1 Dby the City cou~the City ~h day of ~~"U , . y ""'~"~''''\\\\I $o~ SEAL ,~\III ~4. ...r~;;o;~.:;.1c;J!'b --e" ,.,+ 0., 'Il f;; .~'!.~'J. ~ "It:. ..... ~ ~., .a :;! . . <~ ~O. .;.....~ ~,:o':.o o.;,:~ ~/? ..r, .,:: ~~ 'l1-.' 0 ~".' O~ 11. '" _,..4(, "11. \" .- ~.::: fIt, ~ c .'."."..c...-.;..: 11\\\ OUNl'f. ,$'" \'\\"""~'~ I, Joanne M. Yea, City Clerk of Seal Beach, California do hereby certify that the foregoing """""oo " Ihe _ "'PY of """,- N_ t;74<a!;1.. file .. "::;sf Ihe Ci~ Clerk, passed, approved, and adopted b~ City Council of the~ Seal h aJ regular meeting thereof held on the cj _ day of '/.1 h. , 1995. ( /; Resolution Number 4t/o8 PROOF OF PUBLICATION (2015.5 C.C.P.) 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 maller. 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 snl Beach. County of Orange and wl1ich . 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 2/24175. Case Number AB25B3; 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 entir~ Issue of said newspaper and not in. any supplement thereof on the following dates, to-wit: .. 'll\ .~ j. . all In the year 19~. I certify (or declare) under penally of perjury that the foregoing is true and correct. - Dated at Seal Beach, California, this \;, day of ~......Co. Q . ' 19~. '-:\ ~...:...C-.. ,S.. :(\"~.J;.Q ._...., \ Signature .---5"- PUBLICATION PROCESSED BY: . THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 ~, This space for for the County Clerk's Filing Stamp I Proof of Publication of . .~. 9:C~ C; f~ .. ~ e... . .~~'?~~ .c... . . . lA(~Ait-, ...:, \,- C. v.... I c, -) -~ ............................ . " NOI1CE OF PU8UC HEARING NOTICE 18 HEREBY GIVEN .... t",~-"'''c:lIy''''', wt1I_~_.. ............,..IuIy 1 ..7. ~on. In lb. C Iy '""counOIl 21t~Stnol,_ !IooOIt.C 10_" -..- ~OFPlANNING __ISSION DECISION ClONIlITlCltW. USE PEIIMIT JlS.3 AMENDMENT TO CONDITIONS OF APPROVAL 5IiO PACIFIC COAST LOS HIGHWAY, '111 CMoS IlESTAURANT ......"ThelllPlioonlollllOlang to amend ConIlolIOilI4 01 Ptannmii CamnuSlH)n Resolution No. 95~12 ....... -- df?omlI hou" 01 10:00 P.II. S'!"!aY IIlraullll ThoJnr Illy ,nd 12.00 A.M.... Fndily, SoIur. day _ _yo lor on olOohOl. rerlled lend UII It In 8xllllng --- Specltlcal" .h, Ippellant II -..opo....untlll:OOA.M dilly 81-.n .xtlll~ r"'auran' Ioctited a' 650 Picnic Co.., =y, 01", _ Boooh. (Loa Environmental Revll.: This =.:.._;" .udIy - from . ~~~~2N842; ~_IloI_._ -_R.W-_ At lhe 'boWl lime and ptace aU -_ ..yllO_1 so deSired. If you Challenge the --In.......l<lU..y b, .'uTllled to railing on'y tholl ..... you or _ __n.... PUbl'c IIoorlng_1n this notice. or In wnUen """-Idoo... doIIvooocIlo.. CIly of Se81 Bo..h .., or PrIo, to 11Io -1lOOIfng. , DATEDTI1Io8ll1Il1yol~, 1885 '-"11. V... Cly CIottc Cllyol__ PUb Seal SeaCh Sun Journa' 07/13115 I I I .. I I PROOF OF PUBLICATION (2015.5 C.C.P.) 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 ~ Beach. County of Orange and wl1ich . 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 2124n5. Case Number A82583; that the notice of which the annexed is a p'inted 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: .~X\ I' , all ih t~e year 19~. I certify (or declare) under penalty of perjury that the foregoing Is true and correct. .- Dated at Seal Beach, California. this ~\ da~of t:..~.~, 19~. PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 Resolution Number 41~~~ This space for for the County Clerk's Filing Stamp Proof of Publication of .. .. .. .. . . .. .. .. . .. . .. .. . .. .. .. .. . . .. .. .. .. .. .. .. .. .. .-. ."..... ."... .'.................................. '. ... . .. NOTICE OF . L .pUBUC HEARING r -NCmCElSttEJuyGIVEN...... f .l:Iy_oI"=r;llooI- - "_0"- an . f. Il~L .... 11.1115. 7':OD~" . lIIo ClC'ncll Chllm"'", 211 ElRNh llooI_ CIIIamIo, ,. ..-..-..- ~ N'l'EN.. OF P\NlNING COMMISSION DfClSION COMlITIONAl. use PERMIT 95-3 __lllCONlllT1DllS OF APPROVAL :-1iSO PACIFIC COAST HIGHWAY. 1111 . . LOSCAIlO6 RESTAURANT -,......., ~. n.lIIlpOIIulIlo_lDomond l~'A"'Plni'V~ :.__1bll5-12__ ~ _0110:00 P.M._y ~ lIuodIy 0Ild 12:(10 AM. ... fflIoY. ~ __yo tor on .&.A..A-... SVIIIn:I_.III~ t- .. &paIooIIr.._II- se.... 1:00 A.M. - 01 on __0I1iSO_ . CllooI .1111.__\l<lO rCllllall f~'''-- . Thlo ",oj'" It oo'ogo,I.llIy _CEQA_. ..- -- . . 2NlMD - _: .'400; . . ~ 2&03; 28-25CM ~ ~oan Id::. .1lOiIa_ ,- ,.._R.W_:_ .. .... At the abOve time and place all f-- nayba_,.. ,._'lCU~"'- _1I_lCU'l!l'Yba_1D ....Ing onlY thole jl6aue8 you or .."meone else ra_ at the public ~_~I!io_crln -~'q-"" -.Qy '" SIB 'eo pnor ID, II1a ~hIe~., :"'( ,_ .1IA.1BlllE"""'AIQlII.l!1ll6 .....,. II. Yeo CIIy CIOIk . . .~1Pub. S..I Seach Sun Joumll I' _,11I6 .6:t....;:-__..-...---