HomeMy WebLinkAboutPC Res 1580 - 1990-05-02
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RESOLUTION NUMBER 1580
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING A TWELVE
(12) MONTH EXTENSION OF CONDITIONAL USE
PERMIT 8-89, A REQUEST FOR AN ON-SALE BEER
AND WINE LICENSE IN CONJUNCTION WITH AN
EXISTING FAST FOOD RESTAURANT LOCATED AT
12147 SEAL BEACH BOULEVARD (BAJA BILLS)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, On July 20, 1989, Corwin Bales filed an application
with the Department of Development Services for
Conditional Use Permit 8-89: requesting approval of an
on-sale beer and wine permit in conjunction with an
existing restaurant at 12147 Seal Beach Boulevard, Seal
Beach (Baja BillS): and
WHEREAS, On September 6, 1989, the Planning Commission approved
Conditional Use Permit 8-89 subject to 15 conditions.
Condition 15 required the use to be reviewed by the
Commission after a period of 90 days and again after a
period 180 days: and
WHEREAS, This request is for the 180 day review, after which the
CUP may be extended for a period of twelve (12) months
provided all of the original conditions of approval
have been met: and
WHEREAS, The subject property is a rectangular parcel of land
containing approximately 6,750 square feet and is
located approximately 338 feet from the centerline of
Bradbury Road in the Rossmoor Business Center: and
WHEREAS, The subject property has approximately 45 feet of
frontage on Seal Beach Boulevard: and
WHEREAS, The subject property contains an existing Mexican-style
fast food restaurant of approximately 1,714 square
feet: and
WHEREAS, The specifics of the restaurant operation are as
follows:
A. Kitchen, Service, and Restrooms........868 sq. ft.
Indoor Dining and waiting..............252 sq. ft.
outdoor Dining.........................594 sq. ft.
TOTAL
1714 sq. ft.
B. The applicant's hours of operation are:
11:00 a.m. to 10:00 p.m. Daily: and
WHEREAS, The Planning commission of the city of Seal Beach held
a duly noticed Public Hearing on September 6, 1989, and
approved Conditional Use Permit 8-89, subject to
fifteen (15) conditions: and
WHEREAS, A duly noticed public hearing was held on February 7,
1990 at which time the Planning Commission approved a
ninety (90) day extension of Conditional Use Permit 8-
89: and
WHEREAS, William stearns, Chief of police, has reviewed the
existing records, and has no reservations about
permitting the operation to continue. Furthermore,
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Planning Commission
Resolution No. 1576
Page 2 of 3
during the six (6) months since the CUP was approved,
the Police Department has received no complaints
regarding the on-sale service of beer and wine at Baja
QillS': an~-'
WHEREAS; A duly noticed'public ~earing was held on ~2, 199~
-NOW, THERE-1'V1tE BE" IT RESOLVED that the Planning Commfssion of the
~-of'Seai Beach does hereby approve without prejudice a (12)
'month extension of condilional Use Permit 8-89, subject to the
following conditions:
1. CUP 8-89 is approved for an on-sale beer and wine
license at 12147 Seal Beach Boulevard and is issued to
corwin Bales, on behalf of Baja Bills.
2. All alcoholic beverages shall be consumed entirely on
the premises, and none shall be sold as take-out.
3. An employee shall be stationed in the outdoor patio at
all times when alcoholic beverages are being consumed
in said area.
4. Alcoholic beverages shall be sold and served in
containers that are distinguishable from all other
beverage containers sold on site.
5. The service of alcohol is restricted solely to
waiter/waitress service and is further restricted
solely to patrons seated at a table.
6. The sale and service of alcohol shall only be in
conjunction with sale of food.
7. The sale of alcohol will terminate daily at 10:00 p.m.
8. The exterior patio shall be lighted in a manner
suitable to the Director of Development Services and
the Chief of Police.
9. No video games or similar amusements shall be permitted
on the premises.
10. There shall be no alcoholic beverages advertised in the
window areas.
11. The applicant shall comply with all restrictio~s placed
on the license by the California Department of
Alcoholic Beverage Control.
12. CUP 8-89 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.
13. CUP 8-89 is non-transferrable.
14. With the applicant's consent, the hours of operation
shall be from 11:00 a.m. to 10:00 p.m, daily, with the
sale of alcoholic beverages limited to the hours
between 11:00 a.m. and 10:00 p.m. daily.
15. The term of this permit extension shall be twelve (12)
months.
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~lannin~ Commission
Re$olution No. 1576
Page 3 of 3
16. The Department of Oevelopment Services shall undertake
a study to determine what options are available to the
City regarding the revocation of existing alcohol CUP's
for fast food type restaurants. Should the City be
unable to alter present policy, Conditional Use Permit
8-89 may be extended indefinitely provided all
conditions of approval have been met and there are no
reported Police concerns.
PASSED, APPROVED AND ADOPTED without prejudice by the Planning
Commission of the City of Seal Beach at a meeting thereof held on
the 2nd day of May, 1990, by the following vote:
AYES:
Commissioners Rullo. Fife. Sharp. yorSythe
Commissioners
NOES:
ABSENT: Commissioners McCurdY
/'
ee Whittenberg, Secretary
Planning Commission
2:::.1f.~
~lanning Commission
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