HomeMy WebLinkAboutPC Res 1628 - 1991-06-05
:
~
.
.
RESOLUTION NUMBER 1628
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING CONDITIONAL USE PERMIT (CUP) 8-
91, APPROVING THE TRANSFER OF AN EXISTING ON-SALE
GENERAL LIQUOR LICENSE IN CONJUNCTION WITH THE
TRANSFER OF OWNERSHIP OF A RESTAURANT AT 16281 PACIFIC
COAST HIGHWAY, SEAL BEACH (NOEL'S)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
~ ~
on April 15, 1991, Salvatore Camelia filed an application for
Conditional Use Permit 8-91 with the Department of Development
Services; and
the applicant is requesting to transfer an existing on-sale
general liquor license in conjunction with the transfer of
ownership of the restaurant located at 16281 Pacific Coast Highway
(Noel's); and
the subject property is located on the southwesterly side of
Pacific Coast Highway approximately 175 feet west of the
centerline of Anderson Street; and
the subject property is legally described as Orange County
Assessor's Parcel Number 178-502-42; and
the restaurant has been operated in a similar manner for over 30
years with no adverse effects. The City has no records as to the
actual construction date of the structure. However, the restaurant
was in operation in 1968 when the Surfside Colony was annexed into
the City of Seal Beach; and
the Planning Commission approved the on-sale service of beer, wine
and distilled spirits through the approval of CUP 2-81 (Original
Staff Report for CUP 2-81 and Resolution 1223 enclosed); and
the subject property is legally nonconforming due to inadequate
parking; and
the surrounding land uses and zoning are as follows:
NORTH Across Pacific Coast Highway is a mixture of
commercial uses located in the City of Huntington
Beach.
SOUTH Single-family dwellings located within the Surfside
Colony in the Residential Low Density zone, (RLD).
EAST A used automobile dealership in the General Commercial
zone, (C-2).
WEST Pacific Coast Highway; and
William Stearns, Chief of Police, has reviewed the
existing records and has no reservations about
permitting the requested transfer; and
a duly noticed public hearing was held on June 5, 1991 to consider
CUP 8-91. Said public hearing was continued to the Commission's
June 19, 1991 meeting and again to the July 17, 1991 meeting; and
the Planning Commission makes the following findings:
1. Staff inspected the subject property on May, 22, 1991 and
found the restaurant to be abiding by all conditions of
approval of CUP 2-81.
C:\WPS1\CUP\CUP91--B.RES
.
.
.
J _
Planning Commission Res. No. 1628
Page 2
2. The granting of CUP 8-91 is consistent with the provisions
of the General Plan which indicate the subject property is
to be used for general commercial purposes.
3. The building and property at 16281 Pacific Coast Highway 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.
5. The continuation of the use of the subject property as a
restaurant serving beer, wine and distilled spirits on the
premises is compatible with the intended character of the
Pacific Coast Highway corridor. Adherence to conditions of
approval placed on the use by both the Clty of Seal Beach
and the Department of Alcoholic Beverage Control should
mitigate any negative impacts to neighboring residential
properties.
6. The Seal 8each Police Department has reviewed the existing
records of the restaurant and has no reservations regarding
the requested license transfer.
7. CALTRANS will not require the provision of a curb and gutter
system, but will allow it should the City require one.
8. A curb and gutter system will result in a decrease in on-
site parking from the current 30 spaces to 17 spaces.
9. A curb and gutter system is not designed as a barricade, but
rather to ensure proper drainage along the highway.
10. Due to the location of the subject property, the existing
drainage patterns of Pacific Coast Highway and the hardship
created by the imposition of a curb and gutter system, a
curb and gutter system is not necessary at the subject
property.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the Clty of Seal
Beach does hereby approve CUP 8-91, subject to the following conditions:
1. CUP 8-91 is approved for an on-sale general liquor license at 16281
Pacific Coast Highway, Seal Beach (Noel's) and is issued to Salvatore
Camelia.
2. All alcoholic beverages shall be consumed entirely 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 obtalnment of proper permits from the City.
4. No live entertainment may be performed on the site without the prior of
approval of a conditional use permit to operate an entertainment cafe.
5. There shall be no alcoholic beverages advertised in the window areas.
6. The applicant shall comply with all restrictions placed on the license
by the California Department of Alcoholic Beverage Control.
7. CUP 8-91 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.
C:\WP51\CUP\CUP91--9.RES
, " -.
.
.
Planning Commission Res. No. 162B
Page 3
B. CUP B-91 is non-transferrable.
9. The readerboard sign at the exterior entrance to the lounge shall be
removed.
10. With the applicant's consent, the hours of operation shall be from 11:00
a.m. to 11:00 p.m. daily.
11. 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.
12. Additional landscaping along the front of the restaurant shall be
installed.
13. A six (6') foot block wall shall be installed along the southeasterly
property line, decreasing to forty-two (42") inches in height within
eighteen (lB') feet of the front property line to act as a protective
and visual barrier for the property to the south.
14. The four (4) parking spaces indicated in the front of the lounge area on
the site plan shall be re-angled in a manner consistent with the
Caltrans recommendations.
15. 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.
16. The applicant shall pay parking impact mitigation fees in the amount of
$100 per space per year for the nine (9) parking spaces they are
deficient.
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:
AVES: Commissioners Fife. Dahlman. Sharp. McCurdv. Orsini
NOES: Commissioners
ABSENT: Commissioners
.
/~ee Whitten erg, Secretary
~lanning Commission
BCC:bc
C:\WPS1\CUP\CUP91--B.RES