HomeMy WebLinkAboutPC Res 92-10 - 1992-05-20
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RESOLUTION No. 92-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING CONDITIONAL USE PERMIT (CUP) #6-91,
INDEFINITELY EXTENDING AN EXISTING ON-SALE GENERAL LIQUOR
LICENSE IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 550
PACIFIC COAST HIGHWAY, SUITE #111 (LOS CABOS)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on May 15, 1991, the Planning Commission approved
Resolution No. 1625, allowing an upgrade of an existing
on-sale beer and W1ne license (#41 ABC license) to an
on-sale general liquor license (#47 ABC license) issued
to David Bonadonna for Los Cabos restaurant at 550
Pacific Coast Highway, suite Ill, Seal Beach, CA; and
WHEREAS, the applicant is requesting Planning Commiss1on review
and indefinite extension of his existing #47 ABC license
for Los Cabos restaurant at 550 Pacific Coast H1ghway;
and
WHEREAS, the Chief of police, William Stearns, has reviewed the
existing records for 550 Pacific Coast Highway, Suite
111, Seal Beach and has no reservations about permitting
the indefinite extension of the #47 ABC license (On-Sale
General Liquor -- Eating Establishment); and
WHEREAS, the subject property is located wi thin the Bay city
Center; and
WHEREAS, 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 the County
Recorder of Orange County; and
WHEREAS, the subject restaurant is a Mexican-style restaurant with
a seating capacity of 50 persons and the hours of
operation being 11:00 a.m. to 10:00 p.m. daily, Monday
through Sunday; and
WHEREAS, a duly Noticed Public Hearing was held on May 20, 1992 to
consider CUP #6-91; and
WHEREAS, the Planning Commission makes the following find1ngs:
1. The granting of CUP #6-91 is consistent with the
provisions of the General Plan which indicates the
subject property is to be used for general commercial
purposes.
2. The subject building is located more than 300 feet from
the nearest education property; 200 feet from the nearest
church and 150 feet from the nearest resident1al
property.
3. The bU1lding and property at 550 Pac1fic Coast Highway
are adequate in size, shape, topography and locat1on 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 on-sale general liquor is compatible with the
character of the Pacific Coast HighwayfMarina Drive/Fifth
Street area. Adherence to conditions of approval placed
on the use by both the City of Seal Beach and the
Department of Alcholoic Beverage Control should mitigate
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paqe 2 - Planning commi..lon R8Bolu~ion.o 92-10
any negative impacts to neighboring residential
properties.
6.
The Seal Beach Police Department has
existing records and has no reservations
indefinite extension of the use.
reviewed the
regarding the
7. Staff has inspected Los Cabos restaurant and has found it
to meet all conditions placed upon on-sale of general
liquor set forth by the Planning Commiss1on.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commiss1on of the
city of Seal Beach hereby approves Conditional Use Permit #6-91
subJect to the following conditions:
1. CUP #6-91 is approved for the indefinite extens10n of a
#47 ABC license (On-Sale General--Eating Place) at 550
Pacific Coast Highway, suite 111 and is issued to David
Bonadonna for Los Cabos restaurant.
2. All alcoholic beverages shall be consumed entirely within
the building and enclosed patio area, and none shall be
sold as take-out.
3. No alcoholic beverage advertising shall be displayed in
the window areas.
4. The applicant shall comply with all restrictions placed
on the license by the California Department of Alcoholic
Beverage Control.
5. CUP #6-91 shall be automatically terminated if Los Cabos
is no longer maintained as a "bona fide eating place" as
defined by the State Department of Alcoholic Beverage
Control.
6. CUP #6-91 is non-transferrable.
7. wi th the applicant's consent, the hours of operation
shall be from 10:00 a.m. to 10:00 p.m. Monday through
Thursday and 10:00 a.m. to 11:00 p.m. Friday, Saturday
and holidays. The restaurant must have availability for
ordering food until thirty (30) minutes prior to closing
time.
8. No video games or similar amusements shall be permitted
on the premises without obtaining proper permits from the
City.
9. The applicant will prominently display these conditions
of approval within the restaurant's sales are that is
acceptable to the Director of Development Services.
10. The Planning commission reserves the right to revoke
Cond1t1onal Use Permit #6-91 1f any vio1ation(s) of these
conditions or The Code of the citv of Seal Beach occurs.
11. This Conditional Use Perm1t shall not become effective
for any purpose unless an "Acceptance of Conditions" form
has been s1qned by the applicant and property owner,
notarized or signed with proper identification in the
presence of Planning Department staff, and returned to
the Planning Department; and until the ten (10) day
appeal period has elapsed.
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Page 3 - Planning OOmm1..ion R8801utlon Ko 92-10
PASSED, APPROVED and ADOPTED by the Planning commission of the City
of Seal Beach at a meeting theref held on the 20th day of May,
1992, by the following vote:
AYES:
commissioners Flfe, Sharp, Orsim. Dahlman. Law
NOES: commissioners
ABSTAIN: Commissioners
ABSENT: Commissioners