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HomeMy WebLinkAboutPC Res 1490 - 1988-02-03 ~ . . RESOLUTION NUMBER 1490 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 18-87, A REQUEST TO TRANSFER AN ON-SALE GENERAL LIQUOR LICENSE IN CONJUNCTION ,WITH THE SALE OF AN EXISTING RESTAURANT (901 OCEAN AVENUE) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on December 23, 1987, Douglas A. Maris submitted an application for Conditional Use Permit 18-87 to the Department of Development Services; and WHEREAS, the applicant is requesting the transfer of an on-sale general liquor license in conjunction with the sale of an existing restaurant; and WHEREAS, the subject property is located at 901 Ocean Avenue, and has been doing business as Jack's By the Pier; and WHEREAS, the surrounding land uses and zoning are as follows: North and West - A mixture of office, commercial and multiple family residential uses in the C-l (Service Commercial) Zone. East - Commercial retail uses in the C-l Zone. South - Eisenhower Park, the Municipal Pier and the beach located in the PLU (Public Land Use) Zone; and WHEREAS, on November 5, 1986, the Planning Commission adopted Resolution Number 1439 approving on-sale beer and wine by Jack Haley on the subject property; and WHEREAS, on May 6, 1987, the Planning Commission adopted Resolutions 1459 and 1460, approving Variance 3-87 for structural modifications to the subject property and Conditional Use Permit 2-87 for an on-sale general liquor license at 901 Ocean Avenue; and WHEREAS, the owner of the subject property conditions of both Variance 3-87 and Permit 2-87; and has met the Conditional Use WHEREAS, the proposed hours of operation under new ownership are from 7:00 a.m. to 11:00 p.m., Sunday through Thursday, and from 7:00 a.m. to 12:00 p.m., Friday and Saturday; and WHEREAS, Bill Stearns, Chief of Police, Seal Beach, has reviewed the existing records and has no reservations about permitting the operation to commence; and WHEREAS, the Planning Commission held a duly noticed public hearing on Conditional Use Permit 18-87 on Wednesday, February 3, 1988; and WHEREAS, the Planning Commission finds that based on the performance of the business to date, the recommendation of the Chief of Police, and the history of liquor sales on the subject property, Conditional Use Permit 18-87 will not have an adverse effect on the surrounding neighborhood and the community. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby approve Conditional Use Permit 18-87 subject to the following conditions: 1 : t Resolution 1490 . . . 1. CUP 18-87 is approved for on-sale beer, wine and distilled spirits at 901 Ocean Avenue, and is issued to Douglas A. Maris. 2. CUP 18-87 is non-transferrable. 3. CUP 18-87 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. 4. All alcoholic beverages sold shall be consumed entirely on the premises. 5. No alcoholic beverage shall be located in the restaurant. advertising or display devices window areas or outside the 6. There shall be no outdoor storage on the subject property. 7. With the applicant's consent, hours of operation shall be from 6:00 a.m. to 11:00 p.m., Sunday through Thursday, and 6:00 a.m. to 12:00 midnight, Friday and Saturday. 8. The full menu shall be served at every seat within the premises. 9. The applicant shall comply with all restrictions placed on his license by the State Department of Alcoholic Beverage Control. 10. Approval of CUP 18-87 is subject to all conditions attached to Variance 3-87. 11. The term of this permit shall be twelve (12) months, after which time the Planning Commission will review and may extend the permit indefinitely provided that all conditions of approval have been satisfied and no significant police problems have occurred. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rd day of February, 1988 by the following vote: AYES: Commissioners J~' ~(C)J Jku..flJ VUj-y-a- NOES: Commissioners ~ ABSTAIN: Commissioners )7~ ABSENT: Commissioners (ltJlH'Kf/t:JY-.-. ~~- rJ Jay ovington Chairman of the Planning Commission ~d~~~AA Director of Development ~ Services 2