Loading...
HomeMy WebLinkAboutPC Res 92-17 - 1992-08-19 RESOLUTION No. 92-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT #92-6, A REQUEST TO APPROVE AN ON-SALE BEER AND WINE LICENSE AT 115 MAIN STREET, SEAL BEACH, CA (TACO SURF RESTAURANT) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, On December 12, 1983, Charlene Maris applied for and received a City Business license to operate the Potholder Too restaurant at 115 Main Street, Seal Beach; and WHEREAS, On January 12, 1984, Charlene Maris applied to the Department of Alcoholic Beveraqe Control (ABC) and received a #41 (On- Sa Ie Beer and Wine -- Eating Place) license; and WHEREAS, On March 10, 1988, Charlene Maris applied for and received a name chanqe on a City ]:)usiness license to operate the Taco Surf restaurant at 115 Main street, Seal Beach; and WHEREAS, On July 23, 1992, Douglas Maris Use Permit (CUP) application Development Services requestinq beer and wine at Taco surf; and submitted a Conditional to the Department of the CUP for the sale of WHEREAS, Finance Department records a current city business restaurant; and indicate Charlene Maris holds license for the Taco Surf WHEREAS, The subject property is leqally described as Lot 15, Block 8, Bay City Tract, Seal Beach and is located on the westerly side of Main street; and WHEREAS, The subject property is non-conforminq due to inadequate on-site parkinq and landscapinq; and WHEREAS, The surrounding land uses and zoning are as follows: NORTH SOUTH , EAST A mixture of commercial uses in the C-1 zone. WEST A mixture of sinqle-family and multi- family dwellinqs in the Residential Hiqh Density zone (RHD). WHEREAS, The applicant's proposed hours of operation are 11:00 a.m. to 10:00 p.m. daily. WHEREAS, The Department of Alcoholic Beveraqe Control Petition for Conditional License has six conditions: 01. There shall ]:)e no bar or lounqe area upon the licensed premises maintained for the purpose of sa Ie and/or service of alcoholic ]:)everaqes directly to patrons for consumption. 02. At all times when the premises are open for ]:)usiness the sa Ie of alcoholic beveraqes shall be incidental to the sale of food. 03. The su]:)ject alcoholic ]:)everaqe license shall not ]:)e exchanqed for a public premises type license. 04. The sale of ]:)eer and/or wine for consumption off the premises is prohibited. III""'" .. " Page 2 Plannlng Commls810n Resolution 192 17/CUP ~92-6 05. There shall be no live entertainment, amplified music, and/or dancing permitted on the premises at any time. 06. sales, service, and/or consumption of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 11:00 p.m. each day of the week. WHEREAS, the Planning Commission makes the following findings: 1. Granting CUP #92-6 would be consistent with the provisions of the General PIan which indicate the subject property is to be used for service commercia 1 purposes, which includes on-sale service of beer and wine. 2. The building and property at 115 Main Street are adequate in size, shape, topography and 10cation to meet the needs of the proposed use of the property. 3. Required adherence to the 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 and wine is 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 Alcoholic Beverage Control should mitigate any negative impacts to the neighboring residential properties. 5. The Seal Beach PoI ice Department has reviewed the existing records of Taco Surf 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 Conditional Use Permit #92-6 subject to the following conditions: 1. CUP #92-6 is approved for on-sale beer and wine at 115 Main street and is issued to Douglas Maris for Taco Surf restaurant. It is an ABC #41 license: On-Sale Beer and Wine --- Eating Place. 2. All alcoholic beverages sold restaurant operation must be premises, and none shall be sold in conjunction with consumed entirely on as take-out. the the 3. The applicant shall comply with all restrictions placed upon the license by the state of California Department of Alcoholic Beverage Control. 4. The applicant shall furnish the City a copy of his ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as it is received. 5. CUP #92-6 shall be automatically terminated if the operation is no 10nger maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 6. with the applicant's consent the hours of operation shal1 be 11:00 A.M. - 10:00 P.M. daily. The restaurant must have availability for ordering food until thirty (30) minutes prior to closing time. 7. No video games or similar amusements shall be permitted on the premises without proper City permits. . . , ' Page 3 - Plann~ng Com.1SBlon ResolutIon #92 17/CUP #92-6 8. No lighted signs advertising alcoholic beverages shall be placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the window areas. Interior displays of alcoholic beverages which are clearly visible to the exterior shal1 constitute a violation of this condition. 9. CUP #92-6 is non-transferrable. 10. The applicant will prominently display these conditions of approval in a 10cation within the restaurant's sales area that is acceptable to the Director of Development Services. 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. 12. The Planning Commission reserves the right to revoke this conditional Use Permit if any violation of these conditions or the city's municipal Code occurs. 13. There shall be no live entertainment, amplified music, and/or dancing permitted on the premises at any time. 14. The applicant shall re-stripe the parking spaces at the rear to measure 9' x 20' and post a sign on the building indicating "Taco Surf parking". 15. $1,600 per year shall be paid by the applicant to the City of Seal Beach for parking mitigation fees. The site is delinquent sixteen (16) required parking spaces. 16. The applicant is to meet with the city's Engineering Department with respect to the placement to two benches outside the Taco Surf restaurant. PASSED, APPROVED AND ADOPTED by the Planning commission of the City of Seal Beach at a meeting thereof held on the 19th day of August, 1992, by the following vote: AYES: commissioners Fife, Law, Sharp, Orsini. NOES: None ABSTAIN: None ABSENT: commissioner Dahlman. PIlip Fife, Planning Co J:.