HomeMy WebLinkAboutPC Res 1435 - 1986-09-17
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RESOLUTION NUMBER 1435
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL
BEACH DENYING CONDITIONAL USE PERMIT 13-86, A REQUEST TO
ALLOW LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING
RESTAURANT (138 1/2-140 MAIN STREET)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, On July 30, 1986, Paul Hennessey filed an application
for Conditional Use Permit 13-86 with the Department of
Development Services; and
WHEREAS, The applicant is specifically requesting to permit live
entertainment in conjunction with an existing
restaurant; and
WHEREAS, the subject property contains 5,875 square feet and is
located 130 feet southwest of the centerline of Central
Avenue (138 1/2 -140 Main Street); and
WHEREAS, The subject property has approximately 37.5 feet of
frontage on Main Street; and
WHEREAS, The surrounding land uses and zoning are as follows:
North, South and West A mixture of offices,
commercial retail, and commercial service uses located
in the C-l (Service Commercial ) Zone.
East - A mixture of legal nonconforming duplexes and
triplexes, and conforming single family residences
located in the RHD ( High Density Residential) Zone and
adjacent to the subject property: and
WHEREAS, the subject property contains a restaurant of
approximately 3100 square feet and a non-conforming
two-story garage with an apartment above; and
WHEREAS, the subject property holds Conditional Permit 18-84
adopted by Resolution Number 1352 on December 19, 1984
allowing on-sale beer, wine, and distilled spirits; and
WHEREAS, Condition #11 of Conditional Use Permit 18-84 reads as
follows:
#11. That the rear door of 140 Main Street
directly adjacent to the proposed trash enclosure
not be opened after 10:00 p.m. or before 7:00 a.m.
for trash removal or delivery purposes; and
WHEREAS, Conditions #12 of Conditional Use Permit 18-84 reads as
follows:
#12. That no noise generated from the 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 13D-5 of the Seal Beach Municipal
Code; and
WHEREAS, a duly noticed public hearing on Conditional Use Permit
13-86 was held on September 3, 1986; and
WHEREAS, nine persons spoke at the aforementioned public
hearing as to problems currently associated with the
subject property. These complaints dealt with
increased crime in surrounding residential districts
and, in particular, noise generated by trash removal
late at night; and
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Resolution No. 1435
Page 2
WHEREAS, on August 24,1983 City Manager Allen Parker revoked an
entertainment permit previously granted to Walt's
Wharf, 201 Main Street, due to problems of noise
bothering nearby residents and patrons' unauthorized
use of private parking areas; and
WHEREAS,
on May 7, 1986, the Planning
Conditional Use Permit 9-86, a
reestablishment of an entertainment
Avenue, due to the incompatibility of
generated by the operation
residential uses.
Commission denied
request for the
cafe at 909 Ocean
noise previously
with neighboring
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby deny Conditional Use Permit 13-86 for the following
reasons:
1. The history of live entertainment in the Main
Street area has demonstrated its incompatibility
with surrounding residential properties.
2. The noise associated with Hennessey's operations
without live entertainment would be exacerbated if
such activities were approved, thereby creating a
greater disturbance to neighboring residents than
exists at present,
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the /7fA-
day of \.J!y:i7:en1UJt , 1986 by the following vote:
(J07/("fhn/ J~ / \.IhaA.,O
Commissioners ~
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Commissioners
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