HomeMy WebLinkAboutPC Res 1573 - 1990-04-18
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RESOLUTION NUMBER 1573
A RESOLUTION OF THE PLANNING COMNISSION OF
THE CITY OF SEAL BEACH APPROVING A TWELVE
MONTH EXTENSION OF CONDITIONAL USE PERMIT
2-89, A REQUEST FOR ON-SALE BEER, WINE AND
DISTILLED SPIRITS IN CONJUNCTION WITH AN
EXISTING 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 Planning Commission held a duly noticed Public
Hearing on April 5, 1989 and approved Conditional Use
Permit 2-89 through the adoption of Resolution 1540,
subject to ten (10) conditions; and
WHEREAS, Condition 8 of Resolution 1540 required the applicant
abide by all conditions set forth in Variance 2-89,
which provided the site with an parking variance
totalling twelve (12) spaces. This Variance required
the applicant pay the City an annual sum of $100 per
space for each of the twelve (12) in-lieu spaces. This
fee is due during the first week in July of each fiscal
year. Finance Department records indicate that the
applicant has failed to pay any of the required fees
and is currently $600 in arrears (1989-90's fee of
$1,200 was prorated over six months, since the
restaurant was not yet in existence during the first
half of the fiscal YQar); and
WHEREAS, Condition 10 of Resolution 1540 approved CUP 2-89 for a
term of twelve (12) months for an initial term of
twelve (12) months, after which time the Commission
would reconsider the CUP and extend it for an
appropriate time period; 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 surrounding land use and zoning are as follows:
NORTH
Existing restaurant in the Service Commercial
(C-1) Zone.
SOUTH
& EAST
Commercial retail business in the Service
Commercial (C-1) 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'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
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Planning commission
Resolution No. 1573
Page 2 of 3
WHEREAS, William Stearns, Chief of Police, has reviewed the
proposal and existing records, and has no reservations
about allowing the continuation of the use; and
WHEREAS, The Planning Commission held a duly noticed PUblic
Hearing on April 18, 1989, and approved a twelve (12)
month extension of Conditional Use Permit 2-89; and
WHEREAS, the Planning commission makes the following findings:
1. The service of beer, wine and distilled spirits in
conjunction with an existing restaurant at 143
Main Street will not adversely impact the
surrounding neighborhood. The subject property
has possessed an on-sale and off-sale beer and
wine license for four years and an on-sale general
liquor license for the past year 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, (RHD), is located
to the rear of the subject property and is
separated from the subject property by an alley.
2. The service of beer, wine and distilled spirits is
appropriate for the Continental-cuisine 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 a twelve month extension
of 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 without the obtainment of proper permits from
the City.
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 all conditions established for
Variance 2-89.
9. With the applicant's consent, the hours of operation shall
be from 11:00 a.m. to 1:00 a.m, Monday through Saturday, and
9:00 a.m to 9:00 p.m. on Sunday.
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Planning Commission
Resolution No. 1573
Page 3 of 3
10. The applicant shall make current all outstanding in-lieu
parking fees prior to May 4, 1990. Failure to comply shall
result in an immediate reconsideration of both Variance 2-89
and Conditional Use Permit 2-89.
11. 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 18th day of
April, 1990, by the following vote:
AYES:
Commissioners
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li'nTRyt:hpl 'MC"r.l1Tny
NOES:
commissioners
ABSENT: Commissioners
Lee Wh~ttenberg, Secretary
Planning Commission
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