HomeMy WebLinkAboutPC Res 92-12 - 1992-06-17
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RESOLUTION No. 92-12
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING AN
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT #7-91, A REQUEST FOR AN ON-SALE
AND WINE LICENSE AT 303-305 MAIN STREET
[MAIN STREET DELI]
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, On June 5, 1991, the Plann1ng Commission reviewed and
approved Conditional Use Permit #7-91 through the
adoption of Resolution No. 1629. [Attached] Mr. Charara
requested his hours start at 6:00 a.m. to allow him to
serve breakfast. The Commission allowed the hours of
operation to be 6:00 a.m. to 10:00 p.m. daily.
WHEREAS, The subject property is located within the Seal Beach
Mall, a mul tiple tenant retail center, at the
northwesterly corner of Main Street and Electric Avenue.
WHEREAS, The subject property 1S legally described as Lots 1, 3,
5, 7, 9, 11, 13, 15 of Block 208 of Stanton and Lothian's
First Addition to Bay City in the City of Seal Beach, Map
recorded Book 3, Page 29 Miscellaneous maps, Office of
the County Assessor, County of Orange, State of
California.
WHEREAS, The surrounding land uses and zoning are as follows:
NORTH, SOUTH & EAST
A mixture of commerc1al uses in
the SerV1ce Commercial zone
C-l) .
WEST
Mult1ple family dwellings in
the Residential High Density
zone (RHD).
WHEREAS, To the East is the Sea Coast Community church (formerly
Lighthouse Christ1an Assembly) at 919 Electric Avenue.
Staff measurement of an Orange County Assessor's map
shows this to be 300' from the Main Street Deli.
WHEREAS, To the East is st. Anne's Church at 340 Tenth Street.
Staff measurement of an Orange County Assessor's map
shows this church to be 450' from the Main Street Deli.
WHEREAS, The subject property has received the following
approvals:
CUP 12-88: Approved a #41 license via Resolution No. 1525
CUP 12-88: Indefinite extension approved via Resolution
No. 156L
CUP 7-91: Transferred existing #41 l1cense with
ownership transfer via Resolution No. 1629.
WHEREAS, Ch1ef of Pol1ce William Stearns has reviewed th1s
indef1nite extension and has no reservations on allowing
it to take place.
WHEREAS, the Planning Commission makes the follow1ng findings:
1. Staff inspected the subject property on June 16,
1992 and found the delicatessen to be abiding by
all conditions of approval of CUP 12-88.
2. Granting CUP 7-91, on June 5, 1991, was cons1stent
wi th the provisions of the General Plan which
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Planning Comal..ion R..olution '92-12
indicate the subject property is to be used for
service commercial purposes.
3. The building and property at 303/305 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 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 delicatessen serving beer and wine on the
premises is compatible with the intended character
of the Main Street area. 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 Main street Deli and has no
reservations regarding the requested indefinite
extension.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Seal Beach hereby approves Conditional Use Permit #7-91
subject to the following conditions:
1. CUP 7-91 is approved for the on-sale service of beer and W1ne
at 303 and 305 Ma1n Street and is issued to Tom and Anne Marie
Charara for Main Street Deli.
2. All alcoholic beverages shall be consumed entirely within the
building and enclosed patio area, and none shall be sold as
take-out.
3. Service and consumption of alcoholic beverages at the patio
area shall be monitored frequently by the deli's employees to
ensure the patio area does not create a public nuisance
contrary to public welfare and morals.
4. All alcoholic beverages served on the premises must be served
in glass containers.
5. No alcoholic beverages shall be advertised in the window
areas.
6. W1th the applicant's consent, the hours of operation shall be
from 6:00 a.m. to 10:00 p.m. daily, Monday through Sunday.
The restaurant must have availability for ordering food until
thirty (30) minutes prior to closing time.
7. As to the premises 1nterior and prem1ses outdoor patio area,
sales serV1ce and consumption of alcoholic beverages shall be
permitted only between the hours of 8:00 a.m. and 10:00 p.m.
8. No video games or similar amusements shall be permitted on the
premises w1thout obtaining proper permits from the City of
Seal Beach.
9. The applicant shall comply with all restrict10ns placed on the
license by the California Department of Alcoholic Beverage
Control.
10. CUP 7-91 shall be automat1cally terminated if the operation is
no longer maintained as a "bona fide eating place" as defined
by the State Department of Alcoholic Beverage Control.
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Planninq co..i..ion Resolution '92-12
11. CUP 7-91 is non-transferrable.
12. The applicant will prominently display these conditions of
approval wi thin the restaurant's sales area that is acceptable
to the Director of Development Services.
13. This Cond1tional 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 17th day of June
1992 by the following vote:
AYES: commissioners Dahlman. Law. Orsini. SharD
NOES: Commissioners
ABSTAIN: Commissioners
ABSENT: Commissioners ~
Whittenberg, Secret
anning Commission
a~ d/L.
Anton Dahlman, Vice Chairman
Planning Commission