HomeMy WebLinkAboutPC Res 1584 - 1990-07-18
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RESOLUTION NUMBER 1584
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING AN
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT 5-89, AN ON-SALE BEER AND WINE LICENSE
FOR AN EXISTING RESTAURANT LOCATED AT 131~
MAIN STREET (DON JUAN'S TACO HOUSE)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, On July 5, 1989, the Planning Commission granted
Conditional Use Permit 5-89, subject to nine (9)
conditions, to Gary and Joan Wussow allowing the
transfer of an existing beer and wine license at 131~
Main Street (Don Juan's Taco House). The CUP was
granted for a period of one year, after which time the
Planning Commission could indefinitely extend CUP 5-89
provided all conditions of approval had been met and
there had been no significant police problems: and
WHEREAS, The subject property contains approximately 1,469
square feet and is located on the west side of 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 (originally approved through CUP 2-74): and
WHEREAS, The surrounding land use and zoning are as follows:
NORTH, SOUTH, Existing commercial businesses in the
EAST Service Commercial zone, (C-1).
WEST Single and multiple family dwelling
units in the Residential High Density
zone, (RHD): and
WHEREAS, Main Street is a primary street developed to its
ultimate right-of-way of 80 feet: and
WHEREAS, The applicant's proposed hours of operation are from
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 all~wing the use to continue: and
WHEREAS, On July 3, 1990, staff conducted an inspection of the
site and found all conditions of approval to be met:
and
WHEREAS, the Planning commission held a duly noticed public
hearing on July 18, 1990 and voted to approve an
indefinite extension of CUP 5-89: and
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Planning commission Res. ~
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WHEREAS, the Planning Commission makes the following findings:
1. The continued service of beer and wine in
conjunction with the existing restaurant at 131~
Main street will not impact the surrounding
neighborhood. The subject property had possessed
an on-sale beer and wine license for the 16 years
prior to the granting of CUP 5-89 with no reported
impacts. The subject property is surrounded on
three sides by commercial uses in the Service
Commercial zone, (C-1) and to the rear, separated
by an alley, by residential uses in the
Residential High Density zone, (RHD).
2. The service of beer and wine is appropriate for
the existing restaurant on the subject property.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
City of Seal Beach does hereby approve an indefinite extension of
Conditional Use Permit 5-89, subject to the following conditions:
1. CUP 5-89 is approved for an on-sale beer and wine
license at 131~ Main Street and is issued to Gary and
Joan Wussow, on behalf of Don Juan's Taco House.
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 attainment of proper City
permits.
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.
6. CUP 5-89 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 5-89 is non-transferrable.
8. with the applicant's consent, the hours of operation
shall be from 11:00 a.m. to 9:00 p.m daily.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 18th day of
July, 1990, by the following vote:
AYES: commissioners
Orsini, Fife, Sharp, McCurdy, Dahlman.
NOES: commissioners
ABSENT: Commissioners
enberg, Secretary
Commission
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