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HomeMy WebLinkAboutPC Res 1655 - 1991-12-04 . . RESOLUTION NUMBER 1655 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING A TWELVE MONTH EXTENSION OF CONDITIONAL USE PERMIT 12-90, A REQUEST FOR AN ON-SALE GENERAL LIQUOR LICENSE IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 500 PACIFIC COAST HIGHWAY, #104, (BONADONNA'S) THE PLANNlNG COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE. WHEREAS, on October 22, 1990, DaVid Bonadonna filed an application for Conditional Use Permit 12-90 With the Department of DevelopInent Services, and WHEREAS, the applicant requested to transfer and upgrade an eXisting on-sale beer and Wine license to a general hquor hcense In conJunction With the transfer of ownership of a restaurant at 500 PaCific Coast Highway, #104 (Bonadonna's, 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 descnbed 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 of said County, and WHEREAS, the Planmng Commission ongInally 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 Planmng Commission approved Conditional Use Permit 4-87, transfemng 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 Planmng Commission approved CUP 12-90 at ItS December 5,1991 meeting through the adoptIOn of ResolutIOn 1605, subJect to mne (9) conditIons ConditIon number nine (9) reqUired the CUP be reViewed by the Planning Commission after twelve (12) months for comphance With the conditIons of approval, and WHEREAS, City staff Inspected the site In conJunction With the requested renewal and found the applicant to be complYing With all conditIons of approval, except Condition 4 which prohibits alcoholic beverage advertiSing from Window areas There IS currently a neon Beck's beer sign In the front Window of the restaurant Staff has forwarded a letter to Bonadonna's requInng removal of the Sign, and WHEREAS, CUP 12-90 was a result of the applicant relocating hiS restaurant (Bonadonna's) to the site formerly occupied by the Rib Factory and Cafe SWISS He then requested to transfer and upgrade the eXisting beer and Wine license possessed by the Rib Factory to a general hquor license, and WHEREAS, the surrounding land uses and zomng are as follows NORTH SOUTH & EAST A mixture of commerCial uses In the General Commercial zone, (C-2) C IAM1PRO\lXlCSlCUPIR290-12 BCC be -- . . Planmng Comnusslon Reso1ul1on 1655 WEST Across Fifth Street are smgle family residences 10 the Residential Low Density zone, (RLD), and WHEREAS, Chief of Police William Stearns has reviewed the records of the restaurant over the past year and has no reservations about permlttmg the requested extension, and WHEREAS, a duly noticed public heanng was held on December 18, 1991 to conSider an extensIOn of CUP 12-90, and WHEREAS, the Planning CommisSion makes the follOWing findmgs 1 Staffmspected the subJect property on December 9, 1991, and found that the restaurant meets all requlfements of the ~, and presently meets all conditions of approval of CUP 12-90, except the prohibition on the advertlsmg of alcohohc beverages from Window areas 2 The grantmg of CUP 12-90 is consistent With the provIsions of the General Plan which mdlcate the subJect property IS to be used for general commercial purposes, which mcludes on-sale service of general liquor 3 The buildmg and property at 500 PaCific Coast Highway, SUite 104 are adequate m Size, shape, topography and location to meet the needs of the proposed use of the property 4 ReqUired adherence to applicable buddmg and fire codes ensure there Will be adequate water supply and utIhtles for the proposed use 5 The on-premises sale of general liquor IS compatible With the character of the Bay City Center area 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 nelghbonng reSidential properties 6 The Seal Beach Police DepartInent has reViewed the records of the restaurant over the past year and has no reservatIOns about permitting the requested extensIOn. NOW, THEREFORE BE IT RESOLVED that the Planmng Commission of the City of Seal Beach does hereby approve of Conditional Use Permit 17-9191 subJect to the followmg conditions 1 CUP 12-90 IS approved for on-sale general hquor at 500 PaCific Coast Highway, Suites 104 and 115 and IS Issued to DaVid Bonadonna (Bonadonna's) 2 All alcoholic beverages shall be consumed entirely Wlthm the buildmg, and none shall be sold as take-out 3 No Video games or Similar amusements shall be permitted on the premises Without the obtamment of proper permits from the City 4 There shall be no alcohohc beverages advertised m the wmdow areas 5 The applicant shall comply With all restnctIons placed on the hcense by the California DepartInent of Alcoholic Beverage Control 6 CUP 12-90 shall be automatically termmated If the operation IS no longer mamtamed as a "bona fide eatmg place" as defined by the State Department of Alcoholic Beverage Control 7 CUP 12-90 IS non-transferrable e IAMlPRO\DOCSICUPIR290-12 BCe be Page 2 . . . P1anmng CommiSSIon Resolution 1655 8 With the apphcant's consent, the hours of operatiOn shall be from 10 00 a m to 1 00 a m daily 9 The applicant shall, In a location acceptable to the Director of Development Services, prominently display the above-listed conditions of approval Within the store's sales area 10 The term of thiS permit shall be twelve (12) months, after which time the Planmng Commission shall review and may extend the permit Indefimtely provided that all conditions of approval have been satisfied and no significant pohce problems have occurred PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Beach at a meeting thereof held on the 4th day of December, 1991, by the follOWing vote AYES Commissioners Shl11l'_ Law Fife. Dahlman. Orsini NOES Commissioners ABSENT Commissioners C IAMlPROIDOCSlCUPIR290-12 BCC be Page 3