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Home My WebLink AboutPC Res 00-36 - 2000-12-06 r " RESOLUTION NO. 00-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP 98-18 (6 MONTH EXTENSION), ALLOWING CONTINUED USE OF A PREVIOUSLY-APPROVED OUTDOOR DINING AREA AND DENYING REQUESTS FOR EXPANDED OPERATING HOURS AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT AT 143 MAIN STREET (HENNESSEY'S TAVERN) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 18, 2000, Hennessey's Tavern Inc. (the "Applicant") filed an application with the Department of Development Services for an indefinite extension of CUP 98-18, which permitted the conversion of 12 feet of existing restaurant to an outdoor dining area and related modifications at 143 Main Street. The Applicant also requested amendment of the conditions of CUP 98-18 to allow (i) the restaurant to open at 7:00 AM daily; and (ii) live entertainment on a nightly basis. Section 2. Pursuant to the California Environmental Quality Act ("CEQA"), the state CEQA guidelines and the City's local CEQA guidelines, staff has determined that the application is categorically exempt from CEQA review pursuant to: state guidelines Section 15301 because the proposal consists of the continued operation of an existing private facility and involves no expansion of use; and because the environmental impacts associated with outdoor dining area were evaluated at the time the City undertook environmental analysis of the Main Street Specific Plan and determined there would be no adverse environmental impacts, thereby adopting Negative Declaration 96-2. Section 3. A duly noticed public hearing was held before the Planning Commission on November 8, 2000 to consider the application. At the public hearing, the applicant spoke in favor of the request and members of the public appeared both in favor of and in opposition to the request. Section 4. The record of the November 8, 2000 hearing indicates the following: (a) On September 18, 2000 the Applicant filed an application with the Department of Development Services for an indefinite extension and amendment of CUP 98-18. The Applicant proposed to (i) continue use of the outdoor dining area; (ii) change the hours of operation to allow opening at 7 a.m. on a daily basis; and (iii) offer live entertainment starting at 9 p,m. on a nightly basis. The existing use is a full service restaurant offering an assortment of food, non-alcoholic beverages, beer, wine and distilled spirits. (b) The subject property contains approximately 8,813 square feet and is located at the southwesterly comer of Main Street and Central Avenue. The subject property is described as Orange County Assessor's parcel number 199-034-02. (c) The City has granted the following approvals for the subject property: o Variance 15-84 authorizing less than the required number of on- site parking spaces. o CUP 19-84 authorizing on-sale beer and wine sales in conjunction with a delicatessen restaurant. o CUP 22-84 authorizing the establishment of a take-out delicatessen restaurant. o Variance 2-89 authorizing less than the required number of on-site parking spaces in conjunction with a new restaurant. C:\My Documents\RESO\CUP 98-18 Extension.PC Reso.doc\LW\11-28-00 ' ,. Planning Cammission Resolution No. 00-36 Conditional Use Permit 98-18. 6-Month Extension 142 Main Street. Hennessey's Tavern December 6, 2000 o CUP 2-89 authorizing an on-sale general liquor license in conjunction with a new restaurant. o CUP 92-13 authorizing a single, unamplified entertainer between 7:00 P.M. and 11:00 P.M. daily. o CUP 98-18 authorizing an interior remodel and a new outdoor dining area. CUP 98-18 contains a condition prohibiting live entertainment and supercedes CUP 92-13. (d) The land uses and zoning surrounding the subject property are as follows: NORTH 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 (RHD) Zone. (e) Captain John Schaeffer of the Seal Beach Police Department has reviewed the application and noted that there has been no extraordinary demands for law enforcement at the subject property since the Applicant began operation. (f) The Applicant's representative testified in favor of the application but conceded that the Applicant has not abided by the following conditions of City Council Resolution No. 4677: Condition #9 (prohibiting opening before 11:00 AM Monday-Saturday and 9:00 AM Sunday); Condition #11 (prohibiting exterior advertising of alcoholic beverages); and condition #25 (requiring closure of outdoor dining area at 9:00 PM nightly), (g) One member of the public spoke in favor of the Applicant's request for entertainment, while numerous members of the public spoke in opposition to live entertainment and expanded hours. A petition opposing the request was introduced into evidence. In general, those opposing the request indicated that the subject property is not an appropriate location for on-going live entertainment, and that the Applicant's operations have resulted in trash, noise, parking and traffic problems for the adjacent community. Section 5, Based upon substantial evidence, including but not limited to the facts contained in the record and those stated in S 4 of this Resolution, and pursuant to SS 28-1251, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) A six (6) month extension of Conditional Use Permit 98-18, to enable the continued use of the outdoor dining area, is consistent with the intent and purpose and vision established for the Main Street Specific Plan. By adoption of Resolution No. 4677, the City Council determined that operation of an outdoor dining area at the subject property is consistent with the Main Street Specific Plan. (b) The continued use of the outdoor dining area does not conflict with the Main Street Specific Plan's goal of establishing and maintaining a balanced mix of uses that serve the needs of both local and non-local populations. The continued use of the outdoor dining area in compliance with City Council Resolution No, 4677 is consistent with the Main Street Specific Plan and compatible with the adjacent neighborhood. (c) The continued use of the outdoor dining area in compliance with City Council Resolution No. 4677 contributes to the unique character of Main Street and the qualities that provide the Main Street Sense of identity. (d) The continued use of the outdoor dining area in compliance with City CUP 98-18 Extension.PC ReSD 2 i Planning Commission Resolution No. 00-36 Conditional Use Permit 98-18, 6-Month Extension 142 Main Street, Hennessey's Tavern December 6. 2000 Council Resolution No. 4677 complies with all applicable City Council policies. The Applicant has operated its business in compliance with most, though not all, of the conditions of approval prescribed by City Council Resolution No. 4677. A six (6) month extension of the outdoor dining area use will enable the Applicant to demonstrate the ability and willingness to abide by the operating conditions imposed by the City. Primarily due to the Applicant's failure to comply with the conditions of City Council Resolution No. 4677, the Commission is unable to make the necessary findings as to the merits of the requests to change operating hours and offer live entertainment in connection with this application. Section 6. Based upon the foregoing, the Planning Commission hereby (i) approves a six (6) month extension of CUP 98-18; (ii) denies.without prejudice the Applicant's request to amend CUP 98-18 to change the hours of operation to allow opening at 7:00 AM on a daily basis; and (iii) denies without prejudice the Applicant's request to amend CUP 98-18 to permit live entertainment starting at 9:00 PM on a nightly basis, The six (6) month extension of CUP 98-18 is subject to the following conditions: 1. The Applicant shall comply with all Conditions of Approval prescribed by City Council Resolution No. 4677. 2. The term of this approval shall be six (6) months, beginning on the date of adoption of this Resolution. On or before the end of such term, the Applicant may apply to the City for an indefinite extension of CUP 98-18. The Planning Commission may grant an extension, indefinite or for a designated term, provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The Applicant is hereby advised that failure to apply for an extension within the allotted time shall result in the expiration of CUP 98-18 and, concurrently, the required cessation of the outdoor dining area. The Applicant also is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of any extension. Section 7. This action shall be final and effective ten (10) calendar days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of the Code of the City of Seal Beach. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of December, 2000, by the following vote: AYES: Commissioners Brown, Cutuli, Hood, Lyon and Sharp NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None David Hood, Ph.D. Chairman of the Planning C ~~ ee Whittenberg ~ Secretary of the Planni ng Comilllssion CUP 98-18 Extension.PC Reso 3