HomeMy WebLinkAboutPC Res 1629 - 1991-06-05
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RESOLUTION NUMBER 1629
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING CONDITIONAL USE PERMIT 7-91,
APPROVING THE TRANSFER OF AN EXISTING ON-SALE BEER AND
WINE LICENSE IN CONJUNCTION WITH THE TRANSFER OF
OWNERSHIP OF A DELICATESSEN AT 303 AND 305 MAIN
STREET, SEAL BEACH (MAIN STREET DELI)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
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on April 19, 1991, Tom and Annie Charara filed an application for
Conditional Use Permit 7-91 with the Department of Development
Services; and
the applicant is requesting to transfer an existing on-sale beer
and wine license in conjunction with the transfer of ownership of
the delicatessen located at 303 and 305 Main Street (Main Street
Deli); and
the subject property is located within the Seal Beach Mall, a
multiple tenant retail center, at the northwesterly corner of Main
Street and Electric Avenue; and
the subject property is legally described as Lots 1, 3, 5, 7, 9,
11, 13, 15 of Block 208 of Stanton and Lothian's First Addition to
Bay City in the City of Seal Beach, Map recorded Book 3 Page 29
Miscellaneous maps, Office of the County Assessor, County of
Orange, State of California; and
the Planning Commission originally approved the on-sale service of
beer and wine for the subject property through the approval of CUP
12-88 on November 16, 19B8 through the adoption of Resolution
1525, condition one of which stated in part, "... This CUP is
non-transferable." The CUP was indefinitely extended on December
6, 1989; and
the surrounding land uses and zoning are as follows:
A mixture of commercial uses in the Service
Commercial zone, (C-l).
Multiple family dwellings in the Residential
High Density zone, (RHO); and
William Stearns, Chief of Police, has reviewed the
existing records and has no reservations about
permitting the requested transfer; and
NORTH, SOUTH
& EAST
WEST
a duly noticed public hearing was held on June 5, 1991 to consider
CUP 7-91; and
the Planning Commission makes the following findings:
1. Staff inspected the subject property on May, 22, 1991 and
found the delicatessen to be abiding by all conditions of
approval of CUP 12-88.
2. The granting of CUP 7-91 is consistent with the provisions
of the General Plan which indicate the subject property is
to be used for service commercial purposes.
The building and property at 303 and 305 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.
3.
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Planning Commission Res. No. 1629
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5. The continuation of the use of the subject property as a
delicatessen serving beer and wine on the premises is
compatible with the intended character of the Main Street
area. Adherence to conditlons 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 neighboring residential properties.
6. The Seal Beach Police Department has reviewed the existing
records of the deli and has no reservations regarding the
requested license transfer.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Seal
Beach does hereby approve CUP 7-91, subject to the following conditions:
1. CUP 7-91 is approved for the on-sale service of beer and wine at 303 and
305 Main Street and is issued to Tom and Annie Charara (Main Street
Deli).
2. All alcoholic beverages shall be consumed entirely within the building
and enclosed patio area, 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 pernrits from the City.
4. There shall be no alcoholic beverages advertised in the window areas.
5. All alcoholic beverages served on the premises shall be served in glass
containers.
6. The applicant shall comply with all restrictions placed on the license
by the California Department of Alcoholic Beverage Control.
7. CUP 7-91 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.
8. CUP 7-91 is non-transferrable.
9. With the applicant's consent, the hours of operation shall be from
6:00 a.m. to 10:00 p.m. daily.
10. The term of this permit shall be twelve (12) months, after which time
the Planning Commission shall review and 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 5th day of June 1991, by the following
vote:
AYES: Commissioners Fife. Dahlman. Orsini. Sharp. McCurdv
NOES: Commissioners
ABSENT: Commissioners
e Whittenberg, Secretary
Planning Commission
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