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HomeMy WebLinkAboutPC Res 1625 - 1991-05-15 J . . RESOLUTION NUMBER 1625 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT (CUP) 6- 91, APPROVING THE UPGRADE OF AN EXISTING ON-SALE BEER AND WINE LICENSE TO A GENERAL LIQUOR LICENSE IN CONJUNCTION WITH AN EXISITNG RESTAURANT AT 550 PACIFIC COAST HIGHWAY, #111 (LOS CABOS MEXICAN RESTAURANT) 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 8, 1991, David Bonadonna filed an application for Conditional Use Permit 6-91 with the Department of Development Services; and the applicant is requesting to upgrade an existing on-sale beer and wine license to a general liquor license in conjunction with an existing restaurant at 550 Pacific Coast Highway, #111 (Los Cabos, at the site of the now relocated Bonadonna's); and the subject property is located within the Bay City Center at 550 Pacific Coast Highway, Suite 111; and the subject property is legally described as Parcell 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 od said County; and the Planning Commission originally approved the on-sale service of beer and wine for the subject property through the approval of CUP 3-81 on May, 20, 1981; and the subject building is located more than 300 feet from the nearest educational property; 200 feet form the nearest church and 150 feet from the nearest residential property; and the subject restaurant is a Mexican-style restaurant with a seating capacity of 50 persons and proposed hours of operation being 11:00 a.m. to 10:00 p.m. daily; and the surrounding land uses and zoning are as follows: NORTH & EAST A mixture of commercial uses in the General Commercial zone, (C-2). Across Marina Orive and the Electric Avenue green belt is a church in the General Commercial zone, (C-2). SOUTH Across Fifth Street are single family residences in the Residential Low Density zone, (RLD).; and William Stearns, Chief of Police, has reviewed the existing records and has no reservations about permitting the upgrade of the beer and wine license to general liquor; and WEST a duly noticed public hearing was held on May 15, 1991 to consider CUP 6-91; and the Planning Connrlssion makes the following findings: 1. The granting of CUP 6-91 is consistent with the provisions of the General Plan which indicate the subject property is to be used for general commercial purposes. C:\WP51\CUP\CUP91--6.RE~ The building and property at 550 Pacific Coast Highway, Suites III are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. The continuation of the use of the subject property as a restaurant serving general liquor on the premises is compatible with the intended character of the Bay City 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. The Seal Beach Police Department has reviewed the existing records of both Bonadonna's and Los Cabos and has no reservations regarding an upgrade of the use. Staff has inspected Los Cabos restaurant and has found it to meet all conditions placed upon the on-sale service of beer and wine set forth by the Planning Commission. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby approve CUP 6-91, subject to the foll~ng conditions: , CUP 6-91 is approved for on-sale general liquor at 550 Pacific Coast Highway, Suite 111 and is issued to David Bonadonna (Los Cabos). All alcoholic beverages shall be consumed entirely within the building and enclosed patio area, and none shall be sold as take-out. No video games or similar amusements shall be permitted on the premises without the obtainment of proper permits from the City. There shall be no alcoholic beverages advertised in the window areas. The applicant shall comply with all restrictions placed on the license by the California Department of Alcoholic Beverage Control. CUP 6-91 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. CUP 6-91 is non-transferrable. 3. 6. 1. 2. 3. 4. 5. 6. 7. B. . . Planning Commission Res. No. 1625 Page 2 2. 4. 5. With the applicant's consent, the hours of operation shall be from 10:00 a.m. to 1199 a.RI. daily. lo:oo9.m. 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. 9. C:\WP51\CUP\CUP91--6.RES . . Planning Commission Res. No. 1625 Page 3 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 15th day of May, 1991, by the following vote: AVES: Commissioners Dahlman, Fife, Sharp, Orsini, ~cCurdy NOES: Commissioners ABSENT: Commissioners Whittenberg, Secretary lanning Commission BCC:bc C:\oP51\CUP\CUP91--6.RES /