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HomeMy WebLinkAboutPC Res 92-18 - 1992-07-05 r " ." RESOLUTION NUMBER 92-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CUP 91-8, AN ON-SALE GENERAL LIQUOR LICENSE IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 16281 PACIFIC COAST HIGHWAY, SEAL BEACH (NOEL'S) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on Apn115, 1991, Salvatore Cameha filed an apphcatlon for CondItional Use Peront 8-91 WIth the Department of Development SelVlces, and WHEREAS, the apphcant IS requestmg to transfer an eXlstmg on-sale general hquor hcense m conjunction WIth the transfer of ownershIp of the restaurant located at 16281 PaCIfic Coast HIghway (Noel's), and WHEREAS, the apphcant IS requestmg to transfer an eXlstmg on-sale general hquor hcense m conjunction WIth the transfer of ownershIp of the restaurant located at 16281 PacIfic Coast HIghway (Noel's)The subject property IS located on the southwesterly SIde of PaCIfic Coast HIghway approxImately 175 feet west of the centerhne of Anderson Street, and WHEREAS, the subject property IS legally descnbed as Orange County Assessor's Parcel Number 178-502-42, and WHEREAS, the restaurant has been operated m 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 Surf SIde Colony was annexed mto the CIty of Seal Beach, and WHEREAS, the Plannmg CommIssion ongmally approved the on-sale servIce of beer, WIne and dIstilled spmts through the approval of CUP 2-81, and WHEREAS, at ItS July 17, 1991, meetmg, the Planning ComnnsslOn approved a transfer of the general hquor hcense through the adoption of Resolution 1628 CondItion 11 of whIch requIred that the Planmng CommIssIon revIew thIS request after twelve months, at whIch tIme the CommiSSIon could extend ItS approval mdefimtely prOVIded all condItions of approval have been met and no significant police problems have occurredl, and WHEREAS, the subject property IS legally nonconfomnng due to madequate parking and a reSIdential unIt above, and WHEREAS, the surroundmg land uses and zomng are as follows NORTH Across PacIfic Coast HIghway IS a mixture of commercial uses located m the City of Huntington Beach SOUTH Smgle-famlly dwellings located WIthin the Surf sIde Colony m the ReSIdential Low DenSIty zone, (RLD) EAST A used automobile dealership m the General Commercial zone, (C-2). WEST PaCIfic Coast HIghway, and C IAMIPROIDOCSICUP\R9I.8B BCC be . Plannmg CommiSSIon Resolution 92-18 WHEREAS, staff inspected the subject property on June 17, 1992, and found the applicants to be abiding by all conditIons of approval save one Specifically, the readerboard SIgn WhIch was required to be removed by conditIon #8 of Resolution 1628 IS stIli present Staff recalls a bnef diSCUSSion of saId Sign dunng the public heanng for CUP 16-91, Noels' request for an entertainment cafe which the Commission approved at ItS October 2, 1991, meeting, but no record of the ultImate deCISion on the Sign IS mentioned In the record, and WHEREAS, Chief of Police William Stearns has reViewed the records of the restaurant over the past year and has no reservatIons about permitting the requested extension, and WHEREAS, a duly notIced public heanng was held on July 15, 1992, to conSider an extension of CUP 8-91 and was continued to August 5,1992, to allow the applicant to be In attendance,and WHEREAS, the Planning Commission makes the follOWing findings 1. Staff Inspected the subject property on June 17, 1992, and found the restaurant to be abiding by all conditions of approval of CUP 8-91, except condition #8 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 ReqUired adherence to applicable building and fire codes ensure there Will be adequate water supply and utIlities for the proposed use. 4 The continuatIon of the use of the subject property as a restaurant serving beer, Wine and distIlled spints on the premises IS compatible With the Intended character of the Pacific Coast Highway comdor 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 nelghbonng reSidential properties. 5 The Seal Beach Police Department has reViewed the eXistIng records of the restaurant and has no reservations regardmg the requested extensIOn NOW, THEREFORE BE IT RESOLVED that the Planmng Commission of the City of Seal Beach does hereby approve of Conditional Use Permit 17-9191 subject to the following conditions. 1 CUP 8-91, an on-sale general liquor license at 16281 Pacific Coast Highway, Seal Beach (Noel's) is extended Indefimtely and is issued to Salvatore Camella 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 proper pemuts from the City 4 There shall be no alcoholic beverages advertised m the WIndow areas 5 The applIcant shall comply With all restrictions placed on the license by the California Department of AlcoholIc Beverage Control C \AM1PROIDOCSICUPlR9I.8B BeC be Page 2 'to . , Planmng CommiSSIon Resoluuon 92-18 6 CUP 8-91 shall be automattcally terminated If the operatton IS no longer maintained as a "bona fide eating place" as defined by the State Department of Alcoholic Beverage Control 7 CUP 8-91 IS non-transferrable 8 With the applicant's consent, the hours of operatton shall be from 11 00 a m to 11 00 P m daily 9 The applicant shall, m a location acceptable to the Director of Development SelVlces, pronunently display the above-listed condlttons of approval Wltlun the store's sales area 10 The applicant shall pay a parking Impact mitigatIOn fee m the amount of $1 00 per space per year for the nine (9) deficient parlang spaces 11 TIns Conditional Use Penmt shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant, notanzed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed 12 The Planmng Comnusslon reserves the nght to revoke thiS condlttonal use permit If any Violation of these conditions or the Code of the City of Seal Beach occurs. 13 All banners shall be removed from the subject property pursuant to Section 28-1800 of the Code of the City of Seal Beach PASSED, APPROVED AND ADOPTED by the Plannmg Commission of the City of Seal Beach at a meeting thereof held on the 5th day of July, 1992, by the follOWIng vote. Flfe, Dahlman, Law, Sharp, Orslni AYES CommiSSIOners NOES Commissioners ABSENT CommiSSioners t~kt)fI~ / L Whittenberg, Secretary U annmg Commission C IAMIPROIDOCS\CUP\R9I.8B Bee be Page 3