HomeMy WebLinkAboutPC Res 1540 - 1989-04-05
e
.
.-'
RESOLUTION NUMBER 1540
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 2-89, A REQUEST FOR ON-SALE BEER,
WINE AND DISTILLED SPIRITS IN CONJUNCTION
WITH A NEW RESTAURANT (143 MAIN STREET, SEAL
BEACH)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, On February 17, 1989, Nader Tahvildari submitted an application
for Conditional Use Permit 2-89 and Variance 2-89 to the
Department of Development Services: and
WHEREAS, The subject property contains approximately 8,813 square feet
and is located at the southwestern corner of Central Avenue and
Main Street (143 Main Street): and
WHEREAS, The subject property has approximately 75 feet of frontage on
Main Street: and
WHEREAS, The subject property contains an existing retail store and
delicatessen with currently valid alcoholic beverage licenses
for on-sale beer and wine and for an off-sale beer and wine
retail outlet (approved February 1980): and
WHEREAS, The subject property has received the following approvals from
the Planning Commission:
A. Variance 15-84 for the provision of less than the required
on-site parking (approved January 1985).
B. Conditional Use Permit 19-84 for on-sale beer and wine in
conjunction with the delicatessen/ restaurant and issued to
Old Town Wine and Gourmet (approved January 1985).
C. Conditional Use Permit 22-84 to permit the establishment of
a take-out restaurant (deli) at 143 Main Street (approved
January 1985): and
WHEREAS, The surrounding land use and zoning are as follows:
NORTH
Existing restaurant in the Service
Commercial (C-l) Zone.
SOUTH & EAST
Commercial retail business in the
Service Commercial (C-l) Zone.
WEST
Grace Bretheran Church in the Residential
High Density (RHD) Zone: and
WHEREAS, Main Street and Central Avenue are primary streets developed to
their ultimate right-of-way of 80 feet and 60 feet respectively:
and
WHEREAS, The applicant requests to operate a Continental-cuisine style
restaurant by the name of Papillon at 143 Main Street. The
applicant also requests a permit for on-sale beer, wine, and
distilled spirits to augment the proposed menu. Further, the
applicant requests a variance to the required on-site parking
requirements.
WHEREAS, The applicant's proposed hours of operation are:
11:00 a.m. to 1:00 a.m., Monday through Saturday
9:00 a.m. to 9:00 p.m., Sunday: and
#
e
e
.
City of Seal Beach
Planning Commission
Resolution 1540
Page 2 of 3
WHEREAS, William Stearns, Chief of Police, has reviewed the proposal and
existing records, and has no reservations about allowing the
proposed use; and
WHEREAS, On March 2, 1989, the Department of Development Services
received a letter fram Ross V. Me Guire, 134-A Main Street,
recommending approval of Variance 2-89 and CUP 2-89; and
WHEREAS, the Planning Commission makes the following findings:
1. The service of beer, wine and distilled spirits in
conjunction with the new restaurant at 143 Main Street will
not impact the surrounding neighborhood. The subject
property has possessed an on-sale and off-sale beer and
wine license for the past four years with no reported
impacts. The subject property is surrounded on three sides
by commercial uses in the Service Commercial zone, (C-l).
A church in the Residential High Density zone, (RHO), is
located to the rear of the subject property and is
separated fram the subject property by an alley.
2. The service of beer, wine and distilled spirits is
appropriate for the Continental-cuisine style restaurant
proposed for the subject property.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of
Seal Beach does hereby approve Conditional Use Permit 2-89, subject to the
following conditions:
1. CUP 2-89 is approved for on-sale beer, wine, and distilled spirits at
143 Main Street in conjunction with the proposed restaurant and
issued to Papillon Restaurant (Nader Tahvildari).
2. That all alcoholic beverages sold in conjunction with the restaurant
operation be consumed entirely on the premises.
3. That the applicant shall comply with all restrictions placed upon the
license by the State Department of Alcoholic Beverage Control.
4. No video games or similar amusements shall be permitted on the
premises.
5. That the CUP 2-89 is non-transferrable.
6. That there shall be no alcoholic beverage advertising display devices
located in the window areas.
7. CUP 2-89 shall be automatically terminated if the operation is no
longer maintained as a "bona fide public eating place" as defined by
the California Department of Alcoholic Beverage Control.
8. That approval is subject to conditions established for Variance 2-89.
9. With the applicant's consent, the hours of operation shall be fram
11:00 a.m. to 1:00 a.m, Monday through Saturday, and 9:00 a.m to 9:00
p.m. on Sunday.
10. The term of this permit shall be for twelve (12) months, after which
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.
.
e
.
e
City of Seal Beach
Planning Commission
Resolution 1540
Page 3 of 3
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 5th day of April, 1989, by the
following vote:
NOES:
Camnissioners
Camnissioners Sharp, Suggs, Jessner, Rullo
AYES:
ABSENT:
Commissioners Fife
ABSTAIN: Camnissioners
BCC:bcc
v