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Home My WebLink AboutCC Res 4263 1993-10-11 RESOLUTION NUMBER ~ I 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 EXTEND THE OPERATING HOURS OF A RESTAURANT LOCATED AT 101 MAIN STREET, SUITE 0 (SEASIDE GRILL) I THE CITY COUNCIL OF CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND AS FOLLOWS: Section 1. On behalf of Seaside Grill ("the subject restaurant"), Jim Watson, owner of the property located at 101 Main Street, applied for a one-year extension of Conditional Use Permit ("CUP") 92-2 and a modification of that permit to expand 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"). Section 2. A duly noticed public hearing was held before the Planning Commission on July 7, 1993 to consider the proposed extension of CUP 92-2 and the modification of the operating hours at the subject restaurant. Evidence, both written and oral, was submitted in favor of and against the application. I Section 3. Voting 3-2, the Planning Commission approved the one-year extension of CUP 92-2 and the proposed modification of the operating hours, subject to certain terms and conditions. Section 4. An appeal of the Commission's decision to modify the operating hours at the subject restaurant was timely filed with the City Clerk. On September 27, 1993, the City Council held a duly noticed public hearing to consider the modification of operating hours. 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 operator of the subject restaurant. 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 from the currently applicable 10:00 p.m. until 1:00 a.m. daily for this business involving the on-premise sale of beer and wine is incompatible with surrounding uses in the Main Street/Ocean A venue 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. A multi-unit apartment building is directly across the street from the subject restaurant. I 2. Evidence indicates that the proposed expansion of hours would adversely impact the adjoining residential areas due to late evening and early morning noise, traffic, and parking impacts caused by customers and employees. 3. A modification of the CUP to allow expanded operating hours would likely cause conflicts with neighboring residential uses because of the subject restaurant's proximity to residential uses and to numerous other sites at which alcohol-related businesses are conducted. I I I Resolution Number ~.6~ 4. The City is attempting to establish uniform hours of operation for establishments based upon the classification of the Department of Alcoholic Beverage Control license issued to each establishment. The subject restaurant operates under a type 41 license. Other type 41 establishments in the City also close at 10:00 p.m. Section 6. For the reasons stated in Section 5 of this resolution, the City Council hereby grants the appeal ~Ied regarding the extension of hours of operation in Conditional Use Permit 92-2, and hereby denies the requested modification of those 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 RP.lI"lI, unless a shorter time is provided by other applicable law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at ~~f held on the //":5- day of ..1993, by the following vote: ;' ; , AYES: Councilmember NOES: Councilmembers ABSENT: Councilmembers _4~~~~~, GWEN FORS E MAYOR A ~~W."'\\\\, fo~ SEAL 8 "\1 - -' ....... 1'... I, E~' ....'to..o.:;..'c I" .;v.rt'...+ "0.\ -s. (A ~ ~~. .~~ ~,...' .-tr ~ . . ~ 0 : : o(l'!: ~,a~o o.:-~ ~ .. '.~ ~.: ~!l ~""o ".'o'if ''1..~ '. -". \"~ ... "'. - .',":.... 27, .' "# ltt "'" ('j .....0.. .,.'\,:.::" ,,,\,~UNt,(:~~ "'\\,~ STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS I, Joanne M. Yea, City Clerk of Seal Beach, California d9 hereby certify that the foregoing resolution is the original copy of Resolution Number ~3!on file in the office of the City Clerk, passed, approved, and adopted by the City Council Of' ~lY of Seal Beach, at a regular meeting held on the _ day of ,1993. ' ~ Resolution Number 4eZh:3 PROOF OF PUBLICATION (2015,5 C.C,P,) STATE OF CALIFORNIA, County of Orange 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; 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 weeklv in the City of s.e.aJ. 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 2/24r75, 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: ~(f' /L- all in the year 19A, I PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 MaIn Street P.O. Box 755 Seal Beach, CA 90740 (310}430-7555 Proof of Publication of -VonCE OF PUBUC HEARING . . . . . . . . . NOTICE IS HEREBY GIVEN lhal ... CIlY Cawa 01 the Cily of Seal _.m hold . publIC hooring on . . . . . , . . . Mandlly, Augusl23. '993 or 7:GOp m, In Iho CIty Council CIIombor.. 2" Eighth S_~ SooJ "ell, ClIIoIoronl.... oonoidor "" fD/IOWIng iblm: APPEAL OF PLANNING COMIIISSION DETERIIINATlON ~ CONDITIONAL USE 'PERIIIT 1M, IIOOIFlCATION 101 IIA1N STREET, SUITE 0 (SEASIDE GRILL) Roq...... A '"'!Un! .. modily "'" : anginal howl of operadon of Condillonlll 11M """"92-2, SpocificoJly,""'_""u" appeahng Ihe recommend_lion of "Ihe Planning Commllllon to change hour. of operaDDn br allOWing an addnional operolllng hour from .'OllOP.M,,, ":OOP,M.. Sundov _gh IIllrodlly oncf from ,,:OOP,M,.. '2:00 Mdnlllhl. Fridlly aHlSo..nIlly, Envlrunmon1lll_: ThllllCllVily II wrthln Iho _ 01 Nogo... DocIonoIlon' 92-7. which 1Id~_...."",0CII"... _ror""'_oICEQA end no funher enviranrnll'1l81 reVIIW llrequirod, Cado SocII...: 211-1300(7)1'),211- 2503,28.2500\ Appellon!: _5_"..." App!1ClIIlt: RonoJd lIIId PoDia. SnI... Oonor: Jim w._ AI""'._.me"d pi... oJ _lIId P-" "'"I' btI hurd n 1IO dHlllld, n you choJIo. the proposed ecDGn8 in court, you may be lmited.. roiling only lhoH I..un you or IClm8One.1I railed 81 the public hearing desa1bed In -1Hs notICI, or In wnnen .....011O_ d_Illd..1ho elII' of SooI Beoch or, or prior.., "'" publIC hoonng IlIItod this 3rd dlly 0/ August, '003 81JoanneVeo CIty C..... 58 .XXPullhsh Aug, '2, '003 I I certify (or declare) under penalty of pe,rjury that the foregoing is true and correct. Dated at Seal Beach. California, . this f2- day of iA7,;t-: 19J!.a..., ~~ I