HomeMy WebLinkAboutPC Res 1606 - 1990-12-05
"
.
.
I
'.
RESOLUTION NUMBER 1606
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT (CUP) 12-90, THE TRANSFER AND
UPGRADE OF AN EXISTING ON-SALE BEER AND WINE
LICENSE TO A GENERAL LIQUOR LICENSE IN
CONJUNCTION WITH THE TRANSFER OF OWNERSHIP OF
A RESTAURANT AT 500 PACIFIC COAST HIGHWAY,
#104 AND #115 (BONNADONNAS)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on October 22, 1990, David Bonnadonna filed an
application for Conditional Use Permit 12-90 with the
Department of Development Services; and
WHEREAS, the applicant is requesting to transfer and upgrade an
existing on-sale beer and wine license to a general
liquor license in conjunction with the transfer of
ownership of a restaurant at 500 Pacific Coast Highway,
#104 (Bonnadonnas, formerly the Rib Factory and Cafe
Swiss); and
WHEREAS, the subject property is located within the Bay City
Center at 500 Pacific Coast Highway, suites 104 and
115; and
WHEREAS, the subject property is legally described as Parcel 1
in the city of Seal Beach, County of Orange, State of
California as shown on Parcel Map filed in Book 119 at
Pages 40-42 of Parcel Maps, in the Office of County
Recorder od said County; and
WHEREAS, the Planning commission originally approved the on-sale
service of beer and wine for the subject property
through the approval of CUP 12-84 on August 1, 1984;
and
WHEREAS, the Planning commission approved Conditional Use Permit
4-87, transferring the beer and wine license for the
site on May 6, 1987 through the adoption of Resolution
No. 1457. Condition 6 of which stated the CUP was non-
transferrable; and
WHEREAS, the applicant is relocating his restaurant
(Bonnadonnas) to the site formerly occupied by the Rib
Factory and Cafe Swiss. He is requesting to transfer
and upgrade the existing beer and wine license
possessed by the Rib Factory; and
WHEREAS, William stearns, Chief of pOlice, has reviewed the
existing records and has no reservations about either
permitting the operation to continue or the upgrading
the beer and wine license to general liquor; and
WHEREAS, The surrounding land use and zoning are as
follows:
NORTH SOUTH & A mixture of commercial uses in
the EAST General Commercial zone, (C-2).
WEST
Across Fifth street are single family
residences in the Residential Low
Density zone, (RLD); and
C:\WPSO\eDP\CUPtD-12.RII
.
.
"
.
.
'.
Planning Commission Res. No. 1606
Page 2 of 3
WHEREAS, a duly noticed public hearing was held on December 5,
1990 to consider CUP 12-90~ and
WHEREAS, the Planning commission makes the following findings:
1. The granting of CUP 12-90 is consistent with the
provisions of the General Plan which indicate the
subject property is to be used for general
commercial purposes.
2. The building and property at 500 Pacific Coast
Highway, suites 104 and 115 are adequate in size,
shape, topography and location to meet the needs
of the proposed use of the property.
3. Required adherence to applicable building and fire
codes ensure there will be adequate water supply
and utilities for the proposed use.
4. The continuation of the use of the subject
property as a restaurant serving general liquor on
the premises is compatible with the intended
character of the Bay City Center. Adherence to
conditions of approval placed on the use by both
the City of Seal Beach and the Department of
Alcoholic Beverage Control should mitigate any
negative impacts to neighboring residential
properties.
5. The Seal Beach Police Department has reviewed the
existing records of both Bonnadonnas and the Rib
Factory and has no reservations regarding
continuation and upgrade of the use.
6. Staff has inspected Bonnadonnas existing
restaurant and has found it to meet all conditions
placed upon the on-sale service of beer and wine
set forth by the Planning Commission.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
city of Seal Beach does hereby approve CUP 14-89, subject to the
following conditions:
1. CUP 12-90 is approved for on-sale general liquor at 500
Pacific Coast Highway, suites 104 and 115 and is issued to
David Bonnadonna (Bonnadonnas).
2. All alcoholic beverages shall be consumed entirely within
the building, and none shall be sold as take-out.
3. No video games or similar amusements shall be permitted on
the premises without the obtainment of proper permits from
the city.
4. There shall be no alcoholic beverages advertised in the
window areas.
5. The applicant shall comply with all restrictions placed on
the license by the California Department of Alcoholic
Beverage Control.
CI\1IP50\cup\CIJP90-12.RBS
. \
.
.
. .
Planning Commission Res. No. 1606
Page 3 of 3
6. CUP 12-90 shall be automatically terminated if the operation
is no longer maintained as a "bona fide eating place" as
defined by the state Department of Alcoholic Beverage
Control.
7. CUP 12-90 is non-transferrable.
8. with the applicant's consent, the hours of operation shall
be from 10:00 a.m. to 1:00 a.m. daily.
9. The term of this permit shall be twelve (12) months, after
which time the Planning Commission shall 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 5th day of
December, 1990, by the following vote:
AYES: Commissioners
Fife. SharD. Dahlman. McCurdv
NOES: Commissioners
ABSENT: Commissioners Orsini
Ph~~' fl::.n
Planning mmission
ul
La ittenberg, Secretar
~Planning commission
BCC: be
CI \1IP5D\CUP\CDI'90-12.11BS