HomeMy WebLinkAboutCC Res 4198 1993-01-25
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RESOLUTION NUMBER ~/c}B
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH DENYING A
MODIFICATION TO THE CONDITIONS OF
APPROVAL OF CUP 92-2, A REQUEST TO
AMEND THE HOURS OF OPERATION IN
CONJUNCTION WITH AN EXISTING
RESTAURANT LOCATED AT 101 MAIN STREET,
SUITE 0 (SEASIDE GRILL)
THE CIT.Y COUNCil... OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLvE, DETERMINE AND FIND:
Section 1. On behalf of Seaside Grill ("the subject restaurant"), Jim Watson, owner
of the property located at 101 Main Street, applied for a modification of Conditional Use Permit
No. 92-2, to extend the hours of operation of the subject restaurant from 10:00 p.m. to 1:00
a.m, daily. The owners of the subject restaurant are Ron and Pat Sesler (" Applicants"), During
the Planning Commission's consideration of the request, the applicants modified the application
to request that the hours of operation be extended only from 10 p,m. to II p.m" Sunday through
Thursday.
Section 2. A duly noticed public hearing was held before the Planning Commission
on October 7, 1992, and continued to November 4, 1992, to consider the proposed extension
of operating hours at the subject restaurant, Evidence, both written and oral, was submitted in
favor and against the application.
Section 3, The Planning Commission approved CUP 92-2, Modification of Hours of
Operation, on a 3-2 vote.
Section 4, An appeal of the Commission's decision was duly filed with the City, and
the City Council held duly noticed public hearings on January 4, 1993 and January 11, 1993.
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 Applicants' attorney.
Section 5, Based upon the evidence, and pursuant to U 28-2503 and 28-2504 of the
City's~, the City Council hereby finds:
1, An expansion of operating hours for a business involving the on-premise
sale of beer and wine is incompatible with surrounding uses in the Main Street/Ocean Avenue
area and in the community in general. The subject property is located 35 feet from the closest
residence and approximately 50 feet from the nearest residential zone. Testimony presented
indicates that the proposed expansion of hours would adversely impact the adjoining residential
areas due to late evening noise, traffic, and parking impacts caused by customers and employees,
Approval of the application seems especially likely to cause conflicts with neighboring residential
uses because of its proximity to residential uses and to numerous other sites at which a1cohol-
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related bUSinesses are conducted.
2. The applicants admitted during the Planning Commission hearings that they
have violated the existing terms of CUP 92-2 by remaining open for business, including the sale
of alcoholic beverages, after the time at which the operation was required to close under the
conditions of approval of that conditional use permit.
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3. Conditional Use Permit 92-2 was granted to the applicants on May 6, 1992
and the conditions of approval called for review of the terms and conditions of approval after
twelve (12) months. Accordingly, this application represents a premature attempt to intensify this
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Resolution Number 41/~~
use before the use has operated for a sufficient time to allow the City to evaluate its actual
impacts on surrounding uses.
Section 6. For the reasons stated in Section 5 of this Resolution, the City Council
hereby grants the appeal filed concerning Conditional Use Permit 92-2, - Modification of Hours
of Operation, and denies the requested extension of operating hours,
Section 7. 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 Beach, unless a shorter time is provided by other applicable 1
law.
, PROVED AND ADOPTED by the City Council of the City of Seal Beach
a. m 'ng thereof held on the ~~ day of
~ , 199 Y the following vote:
AYES:
Councilmember
NOES:
Councilmembers
ABSENT:
Council members
~~... ~ ..z-,~
MA YOR
1lIC'11~
.=F''f SEAL ,,"~
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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SS
I, Joanne M, Yea, City Clerk of Seal Beach, California, 0 hereby certify that the foregoing
resolution is the original copy of Resolution Nu on file in the office of the City
Clerk, passed, approved, and ado2.~p), the City Coun iI of the City of Seal Beach, at a regular
meeting thereof held on the ~!:!" day 0 1993.
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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 JOURNAL, a
newspaper of general circulation,
printed and published weeklv 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
newspapor and not In any supplement
thereof on the following dates, to-wit:
Resolution Number ~/9tJ
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Pub!ic Hearing
............................ .
NanCE OF
PUBUC HEARING
~t7
all in the year 19J1.2....
NOnce IS HEREBY GIVEN 1haI1ho
City Council Dr th. City Dr S"I
_ WIll hold . pullIIc hNMg on
MondllY, Jonu.., 11. IIll1S II 7:00
pm. In Iho ClI\I CouncIl a.embers.
211 Eighth SII'...,t. SuI B..ch,
e.II_a, 1D .....Ider 1he IaIIowIng
110m:
____11ClN_.
, CCICII1lCllW:iIiE PiilIIl'jrN.
.... ~A11QN'
1Dl_......_.\IIIIIoli"
BIlIls ' .
A 'eq...., 1D modiI)' tII. 'o~gln.1
hours or o",;.jIIin'o' Ccinildonll
: U.. P,ennk gz.p, Bpliclft"'li. iIII
.........., Ii riqunlng.. dlIngo lIIe
r hOUri or operation .. 11:00 p.m.,
: dolly. .
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
&\IIIIMIlIitflil~
A NlIgoIhIe III I .....'10 poopooed.
t"'JV4A~' ,,_.
2J.18OO(7l(1);28'25OS, ~
Dated at Seal Beach, California,
this ~day of ~./ ,19 92.
(111'Y1-tl- gAeCc- ?(ffi/l
Slgl1ature
An~. .
RoNId and PGtcIo _
llIlDIl;
...-
AI the above d"'8 and place an
I_lid _ moy be _ ft
.0 d.. Ired. II ,.au. challengl the
propooodlCllan.;In,coU";.rou ~
b. IIml1.d to,iiJ.ln'iili'nly, tho..
IaIUH you at RmiOrI8 ii.. rafled
a. Ihe public hearing deacrlbed In
this notlcl, or In wrluen
correoponcftnco dol_ 1D 1he CIty
of S.1l B.1ICh ~.. or prlo, to, Ihe
Pullllc HooIfng. _
DATED THIS 14111 cloy of DocImbor.
1llG2.
Joonno Veo
CltyCllrk
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
DocImbor 17.1ll1l2.
Resolution Number t/lt}g
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 JOURNAl. a
newspaper of general circulation,
printed and publlshod 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 A62563; 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-w\t:
all In the year 19~.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this j() day of f',~. , 19~.
(J/'IJ'(.1a. ,bt.~/:,
Signature
PUBLICATiON PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Stroet
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
This spnce for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Public Hearing
. . ~ . . . . . . . . . . . . . . . I . . . . . . . . . .
P0'L.rr,,( f 9:) - ~
.............................. .
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"NbTit$.OF- .
" PUBLie~~RiNG,.
NOJ:tcE.i,.H;iUiJr; -PMN_~iho
Clty.C.uncll'.r.lh.~Clty,.&li..1
_1wiII1ioId .-......., . On
Mon.".~~1Ii,; . .r.1t 1':"-,";'.. .
. .....___~Y1!'.I~.;,~ 7:00:'
p.m.'!n.""fI.IY.iE.9!!iiCI . .
211 ~[g~l!I.iSt".f,~l!8 ',Qh:.'
C11lfom1t. '" clinafdtr 1hoi1Ol1Di11na
118m: : 4 !!,o." ." .
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... ,~__1IlN~APPRclVAl:
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~,......,..,-t_::o.",
AP~,,:~=~~g ,q!!"lI!"~I""
recqil'~._~ .-..:.tJfp.~i!!;.r"~
requtllllU~ .,WI' CDiMfldiiiI"QI'
oppriwtl or CUP 112-2: iirnoniq iIlt.
1IoU,,'DI_llltin In -,,'--.--
wi,,; "'>.;,.,'""s..,,,,.;,ral":"o"''''''''
-{ -." .~!..ng,M...,."t '" 7:00
Lm. fD' f1:OO'p.m..1Dii1y'.\;'~ if
1 OHollI.n,Slrttl,'Sultt;6l :8,.1'
_'(SluldtGrI~: " ; 'I,' ,
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AI lb. abDVUlm,"-.nd:pI.'-".n,
1n~.~.I1III';bt)lIlp,tnI.w
I. dliolrlHl, I!'yil,w.clititrling"lhi .
~ ~1ir~Y<<iliiW
b. IImll.d ;tD~r~i!ft.li P~!Y; tboiit'...
I...... JDlur _....,.IIt,rIIIllI.
II lilt publIC I1tlring d._ In
Ihll' notice; 'at "1"""'.rlllln
_.,ipci.~~"':fitPJlY
.r Sttfll.ich II, .r prlo.,.,ID, lb. .
Publlc-.g,'" ''''
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DAle);tII1S 41h dtr of ~,
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JDaiIn. YIO .
CiIy CIork
~10.1~.
A*wdhhStjllIlot!:h JcuntJ.
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
Resolution Number ~I-~)?
This space for for the County Clerk's
Filing Stamp
I am a citizen of the United States
and a resident of the County afore-
said; J 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 JOURNAL. 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:
be~. ~-I
all In the year 19J12...
Proof of Publication of
PUBLIC NOTICE/Public Hearing
.,.,,'... ,NOnCJ!;oJf, ......
RESCHEDUJ:ED
.. .. ... .PUBt.jc}t:E~Tfl~ .. .. . .
NOTICE Is HEREBV GIllEN hI""
City CD.nelf Df'ihi"CI!i"oI'SO.1
BiodI w1111ii1cl~, Iii IliIorfiIg on
Monclay,'JiNI ~',(.~ilIs"it-7:OO
pm: In IhO'ClQi '.. Clilnilionl,
211' Elghdi Slreitl:"SoOl'Bo.ch,
CoIIr0m8, ill ...,cIa1lh8 Illl_g
Item: "l. 'l~ I!~~'" .
. . p' ..J.. ~
........loMIU.1JIlI!~lI\N.
-C!l'JlCUIlS
1l!1 tyl!sn&i'.l!!IllO
-.ar,~P""'" .dII:II
_ar_AI.
Blaulll;l ~,: '1 '. .'.
Appo". !'. P!Mh~ra:q.nflnl..I.n
r.comm.ncI.d~~q,t"'pproval of a
requut to~lfY.t1h~'Condldona of
___oIOrtuP~iiiioiIding Iho
houri of.bperil.doh In..c6nJunctlon
wtth an exllllnlN8Itaurant ID 7:00
Lm." 11:00 p.m., daIIy,locaIOd.'
101 "'81n Slreet. Suire O. Seal
Beach,(Soooldo Grill.
F"v1rN'1.........~ .
The Planning ~ . ,Comml..lon
d8'8rmlnlfd( th..e project II
callg.r1~atly I..~",pll"!"' CEQA
....... A.~ QocIlr8IIon r.a
been pr.pa.r.d~,. and,. will be
conaldlfld.bJ.1he CIty Coun!>I on
......., 4. 11l11!.
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach, California,
this ;;)/..( day of f)e",---, , 19~.
_~ J Cr ~jfc7<<
Signature
.r......-~.,
28-1300(7), 2B-2S03, 28-25Ool
6ImJl:IlII;
_and__
~1VYlII~
G~~,~,,"-"'" <_,., ~".,,'
", ,
QImm;' .'
:linw-l
.- '\0'
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Streot
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
At the atiove dme anCl place all
Intorailliil pO..... mar"'_ W
lu"d.,lred: IfYDU challenge the
p'apooO.! acIIon,Tln Court:' ,.. /111)'
be limited io ;.',ing only lho"..
I..... ,..' or oOiiio1lrio ioIM _
.tlhe publiC l1iiittrig'deacrlbod In
mi. . no&c~~ r,( 'In' written
CDnI8pcjildlllCl iIolJwnid Ii> ihO City
of s..1' Beach .t~ or prior to. the
publlc_ng.
DATEDTHIS"Slh'cIay of Docombor,
ll1ll2.
Joanno Yoo
C1tyClatt<
Docombor 24, 1llG2.
P\llIII'8cfhfllS8ol_ JauonoI.
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