HomeMy WebLinkAboutPC Res 1420 - 1986-08-06
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RESOLUTION NUMBER 1420
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH, DENYING CONDITIONAL USE PERMIT 9-86, A
REQUEST FOR AN ENTERTAINMENT CAFE LICENSE FOR LIVE JAZZ
MUSIC (909 OCEAN AVENUE), WITHOUT PREJUDICE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY
RESOLVES:
WHEREAS, on March 19, 1986, Mark W. Gill formally applied to the
Department of Development Services for Conditional Use
Permit 9-86; and
WHEREAS, Conditional Use Permit 9-86 was requested to allow an
entertainment cafe license for live jazz music; and
WHEREAS, the subject property consists of two 25'x110' parcels
containing approximately 6,050 square feet and is
located 240 feet east of the centerline of Ocean Avenue
and Main Street (909 Ocean Avenue); and
WHEREAS, the subject property has approximately 50 linear feet
of frontage on Ocean Avenue; and
WHEREAS, the surrounding land uses and zoning are as follows:
North - A mixture of commercial uses and non-conforming
residential uses within the C-1 (Service Commercial)
zone.
South - Eisenhower Park located in the PLU
Land Use) zone.
Public
East A mixture of high, medium
residential units located in the RHD
Density ) zone.
and low density
(Residential High
West - Commercial retail and restaurant uses located in
the C-1 (Service Commercial) zone; and
WHEREAS,
the subject property contains
restaurant and an 840 square
conforming storage garage with
spaces; and
a 1,773 square foot
foot, two-story non-
no improved parking
WHEREAS, the subject property had been used for restaurant
purposes for more than 15 years until October, 1985
when that use lapsed; and
WHEREAS, Conditional Use Permit 8-86 and Variance 5-86 were
requested to reestablish the restaurant and take-out
counter with less than the required parking; and
WHEREAS, Conditional Use Permit 8-86 and Variance 5-86 were
approved by the Planning Commission in a duly noticed
public hearing on May 7, 1986; and
WHEREAS, Section 28-1300 of the Seal Beach Municipal Code
requires a Conditional Use Permit for entertainment
cafes in the C-1 zone and within 100 feet of a
residentially zoned property; and
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WHEREAS, Section 28-2503 of the Seal Beach Municipal Code states
that the Planning Commission may grant a Conditional
Use Permit in the case of an application for a use
which is required to be reviewed and conditioned prior
to approval to as to insure compatibility with
surrounding uses and the community in general and the
General Plan (Ord. No. 948); and
WHEREAS, the applicant is specifically requesting a permit for
entertainment on six specific days per year to coincide
with community events,: the sandcastle contest, the
Christmas Parade, the Easter Parade, the volley ball
tournament, Cinco De Mayo, and April 7, Corky's
birthday; and
WHEREAS, a duly noticed public hearing on Conditional Use Permit
9-86 was held by the Planning Commission on May 7, 1986
at which five people spoke in opposition to the
applicant's request.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does
hereby deny without prejudice Conditional Use Permit 9-86 for the
following reasons:
1. Opposition from the community indicated that the
live entertainment requested was not suitable for
the surrounding residential uses and the
community.
2. To grant CUP 9-86 would set an inappropriate
precedent for the Main Street/Ocean Avenue area.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
CIty of Seal Beach, at a meeting held on the 6th day
of August , 1986 by the following vote:
AYES:
Commissioners Covinqton. Jessner. Perrin
NOES:
Commissioners None
ABSENT:
Commissioners SUqqS ~ Sharp'
ABSTAIN:
Commissioners
Chairman
Comm~ssion
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Commission