HomeMy WebLinkAboutPC Res 1627 - 1991-06-19
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RESOLUTION NUMBER 1627
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING A TWELVE (12) MONTH EXTENSION OF
CONDITIONAL USE PERMIT (CUP) 8-89, AN ON-SALE BEER AND
WINE PERMIT IN CONJUNCTION WITH AN EXISTING RESTAURANT
AT 12147 SEAL BEACH BOULEVARD, SEAL BEACH (BAJA BILLS)
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THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
on July 20, 1989, Corwin Bales filed an application with the
Department of Development Services for Conditional Use Permit 8-
S9; requesting approval of an on-sale beer and wine permit in
conjunction with an exist1ng restaurant at 12147 Seal Beach
Boulevard, Seal Beach (Baja Bills); and
on September 6, 1989, the Planning Commission approved Conditional
Use Permit 8-89 subject to 15 conditions. Condition 15 required
the use to be reviewed by the Commission after a period of 90 days
and again after a period IBO days; and
subsequent to the two abovementioned review periods, the
Commiss10n granted a one-year extension to the CUP through the
adoption of Resolution 1576 on May 2, 1990. This is a request for
an indefinite extension of CUP 8-89 as set forth in Condition 15
of Resolution 1576; and
the subject property is a rectangular parcel of land containing
approximately 6,750 square feet and is located approximately 338
feet from the centerline of Bradbury Road in the Rossmoor Business
Center; and
the subject property has approximately 45 feet of frontage on Seal
Beach Boulevard; and
the subject property contains an existing Mexican-style fast food
restaurant of approximately 1,714 square feet; and
William Stearns, Chief of Police, has reviewed the existing
records, and has no reservations about permitting the operation to
continue. Furthermore, since the CUP was approved in September of
1989, the Police Department has received no complaints regarding
the on-sale service of beer and wine at Baja Bills; and
the surrounding land uses and zoning are as follows:
NORTH
& SOUTH
WEST
A mixture of commercial uses within the Rossmoor
Business Center.
Multi-family dwellings located in the City of Los
Alamitos.
Across Seal Beach Boulevard are single-family
dwellings located in the City of Los Alamitos.
a duly noticed public hearing was held on June 5, 1991 to consider
an extension of CUP 8-89; and
EAST
the Planning Commission makes the following findings:
1. Staff inspected the subject property on May, 22, 1991 and
found the restaurant to be in violation of conditions 3, 5
and 6 of Resolution 1516.
2. The extension of CUP 8-B9 is consistent with the provisions
of the General Plan which indicate the subject property is
to be used for general commercial purposes.
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Planning Commission Res. No. 1627
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3. The building and property at 12147 Seal Beach Boulevard 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 and wine on the premises is
compatible with the intended character of Rossmoor Center.
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
neighboring residential properties.
6. The Seal Beach Police Department has reviewed the existing
records of the restaurant 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 8-89, subject to the following conditions:
1. CUP B-89 is approved for an on-sale beer and wine license at 12147 Seal
Beach Boulevard and is issued to Corwin Bales, on behalf of Baja Bills.
2. All alcoholic beverages shall be consumed entirely on the premises, and
none shall be sold as take-out.
3. An employee shall be stationed in the outdoor patio at all times when
alcoholic beverages are being consumed in said area.
4. Alcoholic beverages shall be sold and served in containers that are
distinguishable from all other beverage containers sold on site.
5. The service of alcohol is restricted solely to waiterl waitress service
and is further restricted solely to patrons seated at a table.
6. The sale and service of alcohol shall only be in conjunction with sale
of food.
7. The sale of alcohol will terminate daily at 10:00 p.m.
8. The exterior patio shall be lighted in a manner suitable to the Director
of Development Services and the Chief of Police.
9. No video games or similar amusements shall be permitted on the premises.
10. There shall be no alcoholic beverages advertised in the window areas.
II. The applicant shall comply with all restrictions placed on the license
by the California Department of Alcoholic 8everage Control.
12. CUP 8-89 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.
13. CUP 8-89 is non-transferrable.
14. With the applicant's consent, the hours of operation shall be from 11:00
a.m. to 10:00 p.m, daily, with the sale of alcoholic beverages limited
to the hours between 11:00 a.m. and 10:00 p.m. daily.
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Planning Commission Res. No. 1627
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15. The applicant sha", in a location acceptable to the Director of
Development Services, prominently display the following conditions of
approval within the restaurant's food preparation and sales area:
Conditions 2, 3, 4, 5, 6, 7, 10 and 15.
16. The term of this permit extension shall be twelve 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 19thday of June 1991, by the following
vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
Fife, Sharp, McCurdy, Dahlman, Orsini
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