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HomeMy WebLinkAboutPC Res 1654 - 1991-12-04 . . RESOLUTION NUMBER 1654 A RESOLUTION OF THE PLANNlNG COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 17-91, A REQUEST FOR AN ON-SALE BEER AND WINE LICENSE AT AN EXISTING RESTAURANT LOCATED AT 117 MAIN STREET, SEAL BEACH (PASTA GROTTO) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE WHEREAS, on August 26, 1991, VIncenzo L RICCI filed an application for CUP 17-91 on behalf of Pasta Grotto, and WHEREAS, the apphcant IS requesting approval of an on-sale beer and Wine license In conJunction With an eXisting restaurant located at 117 Main Street, Seal Beach (pasta Grotto, formerly Seal Beach Smorgasbord), and WHEREAS, the subJect property IS legally descnbed as Lot 17, Block 8, Bay City Tract, Seal Beach and IS located on the westerly Side of Main Street, approximately 240 feet northerly of the center of the intersection of Main Street and Ocean Avenue, and WHEREAS, the subJect property IS nonconforming due to Inadequate on-Site parking and the presence of two (2) reSidential unitS at the rear of the property The subJect restaurant containS 1,675 square feet of floor area and requires seventeen (17) parking spaces The subJect property prOVides none of the 17 reqUired parking spaces, and WHEREAS, the surrounding land uses and zomng are as follows NORTH, SOUTH & EAST A mixture of commercial uses m the Service Commercial zone, (C-l) WEST A mixture of Single-family and multi-family dwellings In the ReSidential High DenSity zone, (RHO) , and WHEREAS, Pasta Grotto IS a traditIOnal Italian restaurant, and WHEREAS, the proposed hours of operation are as follows Daily 11 00 a m to 10 00 pm, and WHEREAS, Chief of Pohce William Steams has reViewed the records of the preVIous restaurant, and has no reservations about permitting the proposed on-sale beer and Wine license, and WHEREAS, a duly noticed pubhc heanng was held on November 6, 1991 to conSider CUP 17-91, and WHEREAS, the Planmng Commission makes the follOWing findings 1 Staff Inspected the subJect property on October 30, 1991, and found that the restaurant meets all requirements of the Code, excluding parking, and presently meets all normal conditions of approval for establishments serving on-sale alcohohc beverages 2 The granting of CUP 17-91 IS consistent With the provIsions of the General Plan which indicate the subJect property IS to be used for service commerCial purposes, which Includes on-sale service of beer and Wine 3 The buddlOg and property at 117 Main Street are adequate In Size, shape, topography and locatIOn to meet the needs of the proposed use of the property 4 ReqUired adherence to applicable bUilding and fire codes ensure there Will be adequate water supply and utilities for the proposed use . . . . P1anmng Comnusslon Resoluhon 1654 . 5 The on-premises sale beer and IS compatible with the character of the Main Street 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 Pohce Department has reviewed the eXisting records of the restaurant and has no reservations regarding the requested license NOW, THEREFORE BE IT RESOLVED that the Planmng Commission of the City of Seal Beach does hereby approve of Conditional Use Permit 17-91 subJect to the folloWing conditions. 1 CUP 17-91 is approved for an on-sale beer and Wine license at 117 Main Street and IS Issued to Doug A Mans and VIncenzo L RICCI 2 All alcoholic beverages shall be consumed entlfely 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 restnctions placed on the license by the California DepartInent of Alcoholic Beverage Control 6 CUP 17-91 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 17-91 IS non-transferrable 8 With the apphcant's consent, the hours of operatIOn shall be from 11 00 a m to 10 00 P 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 police problems have occurred 11 The apphcant shall pay parking Impact fees of $1,700 per year to be paid annually to the City of Seal Beach. ThiS fee IS calculated at $100 per parlang spaces multIplied by the 17 deficient parking spaces 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 Shal1l. Law. FIfe. Dahlman NOES Commissioners ABSENT Commissioners ABSTAIN CommiSSioners Orsini hilhp Fife, Ch " Planmng Commission dL~e Whittenberg, Secretary , I 'Planmng Commission