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HomeMy WebLinkAboutCC Res 3477 1985-06-25 .' RESOLUTION NUMBER ~~i1j1 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, APPROVING APPEAL NO.1-85 FILED ON TWO CONDITIONS OF APPROVAL PLACED ON CONDITIONAL USE PERMIT 21-84 A REQUEST FOR ON-SALE BEER, WINE AND DISTILLED SPIRITS IN CONJUNCTION WITH AN PROPOSED EXPANSION TO AN EXISTING RESTAURANT (TINY NAYLOR'S) LOCATED AT 941 PACIFIC COAST HIGHWAY THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: I WHEREAS, Tiny Naylor's Inc., 13013 East Molette Street, Santa .Fe Spring, California, duly filed an application with respect to the property described as that certain parcel of land in the City of Seal Beach, County of Orange, State of California, described as Lot 161 of Tract 2591 as per map recorded in Map Book 83, Pages 14 to 18 inclusive in the office of the County Recorder of said County requesting a conditional use permit for on-sale beer, wine and distilled spirits; and WHEREAS, the property is located in the Seal Beach Center at 941 Pacific Coast Highway; and WHEREAS, the subject property contains approximately 326,264 square feet and is located 50 feet northwest of the centerline of Pacific Coast Highway (941 Pacific Coast Highway); and WHEREAS, the subject property has approximately 675 feet of frontage on Pacific Coast Highway; arid WHEREAS, the subject property contains 84,935 square feet of retail commercial space over 90% occupied, The property is situated in the heart of the Seal Beach business district; and I WHEREAS, no schools or religious facilities are located within 600 feet; and WHEREAS, from 1966 to present, the restaurant has been under the same ownership and has been compatible with surrounding land uses; and WHEREAS, on February 6, 1985, the Planning Commission held a public hearing on the requested conditional use permit. The Planning Commission also then adopted Resolution No. 1358 granting the conditional use permit for on-sale beer, wine and distilled spirits with specific conditions; and WHEREAS, on May 28, 1985, pursuant to a timely filed appeal of the Planning Commission's decision, the City Council held a duly noticed public hearing to consider the appeal of two specific conditions of approval of Conditional Use Permit 21-84. Evidence both written and oral, was duly presented to and considered by the City Council during the public hearing. WHEAREAS, the requested conditional use permit is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (E)(l); and I WHEREAS, the subject conditions of the appeal is specifically within the scope of Variance 4-85 and duly filed Appeal 3-85; and Resolution Number J477 WHEREAS, the application for on-sale beer, wine and distilled spirits for the subject location is compatible with the surrounding land use and zoning; and WHEREAS, the Seal Beach Police Department had no objections to the proposed application. I NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve Appeal 1-85 with the following conditions: 1, That all alcoholic beverages shall be consumed entirely within the building and enclosed patio. 2. That the applicant shall comply with all restrictions placed on his license by the State Department of Alcoholic Beverage Contro 1. 3. There shall be no alcoholic beverages advertising display devices located in the window areas. 4, That this CUP shall be terminated if the operation no longer is maintained as a "bona fide" restaurant as defined by the State Department of Alcoholic Beverage Control. 5. That CUP 21-84 is issued to Tiny Naylor's, Inc. and is non- transferable. 6. That the term of this permit shall be for six (6) months, after which time the Planning Commission may extend the permit for another six (6) month period of time provided that all conditions of approval have been satisfied and no serious police problems have occurred. At the end of the second six (6) month period of time, the Planning Commission may extend the permit indefinitely provided that all conditions of approval have been satisfied and no significant police problems have occurred. I 7. That the development be in accordance with the floor and site plans as approved by the Planning Commission and as modified by the above conditions; or the City Council. 8. No sale of alcoholic beverages after 1:30 a.m. 9. That the applicant voluntarily agrees to not permit any employee under 21 years to serve customers who are drinking alcoholic beverages only. NOES: Councilmembers PASSED, APPROVED AND ADOPTED by the City Councilpf the C ty Sea 1 Beach at a meeting ther of he 1 d on the .:J~. y of 1985, by the following vot AYES: Councilmembers ABSENT: Councilmembers I ATTEST: Resolution Number .1'1'71 . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the.fq~ejoing resolution is the original copy of Resolution Number ~ on file in the office of the City Clerk, d, approved and adogt~__~Y_6he City Council of the City 0 Sea Beach at a regular~""thereof held on the o?S"{/ day of , 1985. I I .'.. I . I ~ ..