HomeMy WebLinkAboutPC Res 92-25 - 1992-07-15
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RESOLUTION No. 92-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP #2-89 A
REQUEST TO INDEFINITELY EXTEND AN ON-SALE
GENERAL LIQUOR LICENSE AT 143 MAIN STREET,
SEAL BEACH, CA (PAPILLON' S RESTAURANT)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, On February 17, 1989, Nader Tahvildar1 subm1tted an
application for CUP #2-89 and Variance #2-89 to the
Department of Development services; and
WHEREAS, On April 5, 1989, the Planning Commission held a duly
noticed Public Hearing and approved CUP #2-89 for a term
of twelve months through the adoption of Resolut1on No.
1540, subject to ten conditions; and
WHEREAS, On April 18, 1990, the Planning Commission held a duly
noticed Public Hear1ng to consider 1ndefinite extension.
The Commission approved another twelve month extension
for CUP #2-89 through the adoption of Resolution No.
1573, subject to eleven conditions; and
WHEREAS, Finance Department records indicate the applicant is
current on all in-lieu parking fees for 1990 and 1991.
The applicant will owe $1,100 ($100 x 11 delinquent
parking spaces) for 1992 and will be billed in July 1992;
and
WHEREAS, The SUbJect property contains approximately 8,813 square
feet and is located at the southwestern corner of Central
Avenue and Main Street at 143 Main Street. Ma1n Street
and Central Avenue are primary streets and have been
developed to the1r full extent; and
WHEREAS, The surrounding land uses and zoning are as follows:
SOUTH & EAST
Exist1ng restaurant 1n the C-l zone.
Commercial retail business in the C-1
zone.
NORTH
WEST
Grace Bretheran Church in the RHD zone.
WHEREAS, Regarding Papillon's direct proximity to Grace Bretheran
Church, ABC Invest1gator Huber recently told staff that
ABC contacted Grace Bretheran Church in May 1989. Pastor
Don Schumacher was concerned there might be an increase
in litter due to the fixed bar but the church agreed not
to protest the application if ABC would place a condit10n
requiring the petitioner to be responsible for
mainta1ning the area free of litter for the prem1ses over
which he has control; and
WHEREAS, The applicant's hours of operation have been 10:00 A.M.
to 1:00 A.M. daily as conditioned by the Department of
Alcoholic Beverage Control.
The city had previously condit1oned the hours of
operat10n to be:
11:00 A.M. - 1:00 A.M.
9:00 A.M. - 9:00 P.M.
Monday through Saturday
Sunday; and
WHEREAS, The Chief of police, William Stearns, has reviewed the
proposal and existing records and has no reservations
about allowing an indefinite extens10n of the use; and
WHEREAS, On December 3, 1991 the applicant obtained a Building
Department permit and installed seven new windows on the
North side of the building. On the outside he installed
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Resolution 92-25
window boxes under each window and has them planted with
flowers; and
WHEREAS, On May 12, 1992 the applicant obtained a Building
Department permit to relocate his bar from the rear of
the restaurant to the front of the restaurant. This
brings the dining area closer to the kitchen. The permit
also permitted installation of a new cooking un1t and a
new venting hood; and
WHEREAS, The Department of Alcohol ic Beverage Control Peti t10n for
Conditional License (attached) has four conditions:
01. Sales, service and consumpt10n of alcoholic
beverages shall be permitted only between the hours
of 10:00 a.m. and 1:00 a.m., each day of the week.
02. There shall be no live entertainment permitted on
the premises at any time.
03. There shall be no pool tables or c01n-operated
games maintained upon the premises at any time.
04. The petitioner(s) shall be responsible for
maintaining free of litter the area adjacent to the
premises over which he has control; and
WHEREAS, the Planning Commission makes the following f1nd1ngs:
1. Staff inspected the subject property on July 14, 1992 and
found the restaurant to be abiding by most all conditions
of CUP #2-89. The applicant is abiding by the hours set
forth by ABC and not by the City's imposed hours.
2. Granting CUP#2-89 on April 18, 1990 was consistent with
the provisions of the General Plan which indicate the
subject property is to be used for service commercial
purposes.
3. The building and property at 143 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 the 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 1S
compatible with the intended character of the Main Street
area. Adherence to the conditions of approval placed on
the use by both the City of Seal Beach and the Department
of Alcohol1C Beverage Control should
mit1gate any negative impacts to the neighboring
residential properties.
6. The Seal Beach Police Department has reviewed the
existing records of Papillon's and has no reservations
regarding the requested indefinite extension.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
City of Seal Beach does hereby approve Cond1tional Use Permit
#2-89 for an indefinite extension, subject to the following
conditions:
1. CUP #2-89 is approved for on-sale beer, W1ne and d1stilled
spirits at 143 Main Street and is issued to Nader Tahvildari
for Papillon's restaurant. It is an ABC #47 license: On-Sale
General --- Eating Place.
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Resolution 92-25
2.
All alcoholic beverages sold
restaurant operation must be
premises, and none shall be sold
in conjunction with
consumed ent1rely on
as take-out.
the
the
3. The applicant shall comply with all restrict10ns placed upon
the license by the state of California Department of Alcoholic
Beverage Control.
4. CUP #2-89 shall be automatically terminated if the operation
is no longer maintained as a "bona fide public eating place"
as defined by the California Department of Alcoholic Beverage
Control.
5. with the applicant's consent the hours of operation shall be:
11:00 A.M. - 1:00 A.M. Monday through Saturday
9:00 A.M. - 11:00 P.M. Sunday
The restaurant must have availability for ordering food until
thirty (30) minutes prior to clos1ng time.
6. No video games or similar amusements shall be permitted on the
premises.
7. No lighted alcoholic beverages shall be advertised in the
window areas, nor shall any other signs advertising spec1fic
brands of alcoholic beverages be perm1tted in the window
areas. Interior displays of alcoholic beverages which are
clearly visible to the exterior shall constitute a v10lation
of this condition.
8. CUP #2-89 is non-transferrable.
9. The applicant will prominently display these conditions of
approval within the restaurant's sales area that is acceptable
to the Director of Development Services.
10. The applicant shall furnish the City a copy of his ABC license
ilDS1 a copy of the condi t10ns placed on the license by the
Department of Alcoholic Beverage Control when he receives 1t.
11. This Conditional Use Permit shall not become effective for any
purpose unless an "Acceptance of Conditions" form has been
signed by the applicant, notarized and returned to the
Planning Department; and until the ten (10) day appeal period
has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the ~h day of
Julv , 1992, by the following vote:
AYES:
commissioners Fife. Law. Orsin1. SharD
NOES: Comm1ssioners Dahlman
ABSENT: Commissioners
ABSTAIN: Commissioners