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HomeMy WebLinkAboutPC Res 1352 - 1984-12-19 . ... I ~ ". ~ . ,. RESOLUTION NUMBER 1352 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 18-84, A REQUEST TO ALLOW ON-SALE BEER, WINE AND DISTILLED SPIRITS IN CONJUNCTION WITH A NEW RESTAURANT (138 1/2, 140 MAIN STREET) The Planning Cannission of the City of Seal Beach hereby resolves: WHEREAS, an application was duly filed by Hennessey's Taverns, Inc., 30 Pier Avenue, Hermosa Beach, California 90254; and WHEREAS, the subject property is recorded by the Recorder of the County of Orange as Lot 38 and 40, Block 9 of the Bay City Tract; and WHEREAS, the subject property contains approximately 5,875 sq. ft. and is located 130 ft. southwest of the centerline of Central Avenue (138 1/2, 140 Main Street); and WHEREAS, the subject property has approximately 50 ft. of frontage on Main Street; and WHEREAS, the subject property contains a 2,775 sq. ft. vacant carmercia1 space, a 737 sq.ft. retail, carmercia1 space and a residence over the two car garage located in the alley. WHEREAS, the surrounding land use and zoning is as follows: North, South & West - A mixture of offices, carmercia1 retail, and camnercia1 service uses located in the C-1 (Service Commercial) zone. East - A mixture of legal nonconforming duplexes, and triplexes, and conforming single family residences, located in the R-3 (High Density Residential) zone; and WHEREAS, Main Street is a primary street develoPed to its ultimate planned width of 80 feet. WHEREAS, the market and tenant mix study prepared for the City as part of the Downtown Revitalization Study by Keyser Marston Associates, Inc., land use and real estate economic consultants, noted that an increase in the amoUllt of restaurant space by 10,000 to 20,000 sq. ft. from the existing 40,000 sq. ft. would be the ideal market tenant distribution for the specialty retail nature of the downtown area. WHEREAS, the Market & Business Analysis Task Force on Downtown Revitalization recannended the following specifically addressing tenant mix: a) It shall be explicitly clear that the following be only in the form of a recommendation as near term strategy to improve the store mix in the existing space and that the city in no way be able to legislate or mandate the choice of tenancy. It is desirable to: 1) decrease the amount of personal service and convenience goods space, 2) increase the amount of restaurant space, and 3) retain the present amount of canparison goods space . .. _~ it ... . . WHEREAS, no schools are located within 600 feet of the property; one church (Grace Brethren) is located within 300 feet of the property. WHEREAS. the applicant requested the establishment of a 3,512 restaurant incorporating an existing 2,775 sq. ft. vacant lease space and a 737 sq. ft. retail space providing less than the required parking, and the provision of on-sale beer, wine and distilled spirits; and WHEREAS, the Planning Commission held a public hearing on Conditional Use Permit #18-84 on December 5, 1984; and WHEREAS, the Downtown Revitalization Task Force held a meeting December 17, 1984, held upon the request of the City Council. The Task Force made specific recommendations to those issues raised at the December 5, 1984 Planning Commission meeting. WHEREAS, the Planning Commission held a public hearing on Conditional Use Permit #18-84 on December 17, 1984; and WHEREAS, the request as conditioned is compatible with the surrounding land use and zoning and is expected to have no impacts on the community as conditioned; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit 18-84 subject to the following conditions: 1. Conditional Use Permit is approved for on-sale beer, wine and distilled spirits at 138 1/2 and 140 Main Street and issued to Hennessey's Taverns, Inc. 2. That all alcoholic beverages shall be consumed within the building. 3. That the applicant shall comply with all restrictions placed on his license by the State Department of Alcoholic Beverage Control. 4. Conditional Use Permit is non-transferable. 5. There shall be no alcoholic beverages advertising display devices located in the window areas. 6. That the CUP shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the State Department of Alcoholic Beverage Control. 7. That the term of this permit shall be for six (6) months, after which time the Planning Commission can 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. 8. No sale of alcoholic beverages after 1:30 A.M. 9. Approval subject to all conditions established for Variance 14-84. 10. That the development be in accordance with the floor plans as approved by the Planning Commission and as modifed by the above conditions. 11. That the rear door of 140 Main Street directly adjacent to the proposed trash enclosure not be opened after 10 p.m. or before 7:00 a.m. for trash removal or delivery purposes. .. 0\ t I~ .. . . 12. That no noise generated from this property exceeds 50 dB(a) from 10:00 p.m. to 7:00 a.m. as measured from the exterior boundaries of the adjacent residentially zoned properties per Section l3D-5 of the Seal Beach Municipal Code. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 19th day of December , 1984 by the following vote: AYES: Commissioners COV;nQtons Jessner. Perr;ns Hunt. R;pperdan NOES: Commissioners none ABSENT: Commissioners none