HomeMy WebLinkAboutPC Res 1545 - 1989-07-05
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RESOLUTION NUMBER 1545
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 5-89, A REQUEST FOR ON-SALE BEER
AND WINE IN CONJUNCTION WITH THE TRANSFER OF
OWNERSHIP OF AN EXISTING RESTAURANT LOCATED
AT 131 1/2 MAIN STREET (DON JUAN'S TACO
HOUSE)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, On May 10, 1989, Joan Wussow submitted an application for
Conditional Use Permit 5-89 to the Department of Development
Services, a request to transfer an existing on-sale beer and
wine license, in conjunction with the transfer of ownership of
an existing restaurant located at 131 1/2 Main Street, Seal
Beach, (Don Juan's Taco House); and
WHEREAS, The subject property contains approximately 1,469 square feet
and is located on the west side of Main Street (131 1/2 Main
Street); and
WHEREAS, The subject property contains approximately 586 square feet of
floor area, and is therefore required to provide six (6) parking
spaces. The subject property provides all six (6) of the
required parking spaces, five (5) on-site and one (1)
grandfathered parking space; and
WHEREAS, The subject property has approximately 12.5 feet of frontage on
Main Street; and
WHEREAS, The subject property contains an existing restaurant (Don Juan's
Taco House), which currently possesses a valid alcoholic
beverage license for on-sale beer and wine (approved through
CUP 2-74); and
WHEREAS, The surrounding land use and zoning are as follows:
NORTH, SOUTH, Existing commercial businesses in the Service
and EAST Commercial zone, (C-1).
WEST Single and multiple family dwelling units in the
Residential High Density zone, (RHO); and
WHEREAS, Main Street is a primary street developed to its ultimate right-
of-way of 80 feet; and
WHEREAS, That the applicant's proposed hours of operation are:
11:00 a.m. to 9:00 p.m., Daily; and
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 June 27, 1989, staff received a letter fram Ross V. Mc Guire
recommending approval of CUP 5-89; and
WHEREAS, A duly noticed public hearing was held on July 5, 1989; and
WHEREAS, the Planning Commission makes the following findings:
1. The continued service of beer and wine in conjunction with
the transfer of ownership of the restaurant at 131 1/2 Main
Street will not impact the surrounding neighborhood. The
subject property has possessed an on-sale beer and wine
license for the past fifteen (15) years with no reported
impacts. The subject property is surrounded on three sides
by commercial uses in the Service Commercial zone, (C-1).
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City of Seal Beach
Planning Commission
Resolution No. 1545
Page 2 of 2
Single and multiple family residences in the Residential
High Density zone, (RHO), are located to the rear of the
subject property and are separated fram the subject
property by an alley.
. 2. The continued service of beer and wine is appropriate for
the Mexican style restaurant located on the subject
property.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of
Seal Beach does hereby approve Conditional Use Permit 5-89, subject to the
following conditions:
1. CUP 5-89 is approved for on-sale beer and wine at Don Juan's Taco
House, 131 1/2 Main Street, and issued to Gary and Joan Wussow.
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 5-89 is non-transferrable.
6. That there shall be no alcoholic beverage advertising -
located in the window areas.
7. CUP 5-89 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. With the applicant's consent, the hours of operation shall be from
11:00 a.m. to 9:00 p.m daily.
9. 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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 5th day of July, 1989, by the
following vote:
AYES:
Commissioners P<cJl.t....o
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SuGGS ~ p..p
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NOES: Commissioners
ABSENT: Commissioners..J 6 55 I\l e R
ABSTAIN: Commissioners
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Sandra Massa-Lavitt,
Planning Commission
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