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Home My WebLink AboutPC Res 92-08 - 1992-05-06 . . RESOLUTION NUMBER 92-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 92-2, A REQUEST FOR AN ON-SALE BEER AND WINE LICENSE IN CONJUNCTION WITH A NEW RESTAURANT LOCATED AT 101 MAIN STREET, SUITE 0, SEAL BEACH (SEASIDE GRILL) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE WHEREAS, on March 12, 1992, Ronald and PatnCla Sesler filed an applicatIOn for CUP 92-12 for SeaSide Grill, and WHEREAS, the applicant IS requesting approval of an on-sale beer and WIne license In conjunction WIth an existing restaurant located at 909 Ocean Avenue, Seal Beach (Tootsles), and WHEREAS, the applicant IS requesting approval of an on-sale beer and WIne license In conjunction WIth a new restaurant located at 101 Main Street, SUIte 0, Seal Beach (SeaSide Gnll), and WHEREAS, the subject property IS legally descnbed as Orange County Assessor's Parcel Number 199-034-17, and WHEREAS, the subject property cont31ns approXimately 11,000 square feet and IS located at the northwestern comer of Ocean Avenue and Main Street (101 Main Street), and WHEREAS, the subJect property has approximately 100 feet of frontage Ocean Avenue and 110 of frontage on M31n Street, and WHEREAS, the subject property currently cont31ns a mixture of commercial uses, and WHEREAS, the subject property, 101 M31n Street, has received the follOWIng approvals from the Planrung CommISSIon (particular sUite In parentheSIS) CUP 10-76 for on-sale beer and wine In conjunction With an Italian restaurant (SUIte 0) Plan Review 2-77 approvmg a sign program (entire property) SPR 22-77 for the above mentioned Sign program (entire property) V AR 1-77 for architectural projections Into the front setback (entire property) CUP 7-80 for on-sale beer and WIne at Glancola's restaurant (Suite 0) CUP 4-82 to transfer the above mentioned on-sale beer and wine license (Suite 0) MHD 2-84 to allow for a nunor height vanance for an architectural proJection (entrre property) WHEREAS, as mdlcated above, SUIte 0 has had a history of on-sale beer and WIne seTVlce dating back to 1976 With Glancola's Italian Restaurant, and WHEREAS, the applicants are proposing a delicatessen type restaurant servmg a large selectIOn of hot and cold sandWIches, soup, salads and hot breakfasts, and WHEREAS, the applicants are proposing the followmg hours of operation Sunday through Thursday Fnday, Saturday and Holidays 9am to IOpm 9 a m to 12 mldmght, and WHEREAS, the surrounding land use and zomng are as follows C \AMIPR.O\DOCS\CUP\R92 2 Bee be P1annmg CommISSion Reso1uI1on 92-8 NORTH & EAST Mixed commercial uses m the SefVIce Commercial (C-1) Zone SOUTH Eisenhower Park and the City beach in the Public Land Use zone, (pLU) WEST A commercial office bwldmg m the SefVIce Commercial zone, (C-I), and a ffilxture ofmultl-fanuly and smgle famdy residential dwellmgs In the Residential High DenSity zone, (RHO), and WHEREAS, Main Street and Ocean Avenue are secondary streets developed to their ultimate nghts-of-way of 80 feet, and WHEREAS, the subject property currently meets all existing parkmg reqUirements by proVldlng the followmg parkmg spaces On-Site Parking 24 spaces Grandfathered Parkmg 5 spaces, and WHEREAS, SUite 0 has had a lnstory of on-sale beer and WIne sefVIce dating back to 1976 WIth Glancola's Italian Restaurant, and WHEREAS, Chief of Police Bdl Steams has reVlewed thIS request and the records ofpreVlous establishments sefVIng beer and WIne at 101 Main Street, SUite 0, and has no concems regardmg the grantmg of this request, and WHEREAS, a duly noticed public heanng was held on May 6, 1992 to conSider CUP 92-2, and WHEREAS, the Planmng Comffilsslon makes the followmg findings I Staff mspected the subject property and found that the restaurant presently meets all normal conditions of approval for establishments sefVIng on-sale alcoholic beverages 2 The grantmg of CUP 92-2 IS consistent WIth the proVlslons of the General Plan which mdlcate the subject property IS to be used for sefVIce commercial purposes, which Includes on-sale sefVIce of beer and WIne 3 The budding and property at 101 Main Street, SUite 0 are adequate In Size, shape, topography and location to meet the needs of the proposed use of the property 4 ReqUired adherence to applicable budding and fire codes ensure there wdl be adequate water supply and utilities for the proposed use 5 The on-preffilses sale beer and IS compatible WIth the character of the Main Street/Ocean Avenue 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 ffiltlgate any negative Impacts to nelghbonng reSidential properties 6 The Seal Beach Police Department has reVlewed the eXlStlng records of the restaurant and has no reservations regarding the requested license NOW, THEREFORE BE IT RESOLVED that the Planmng CommiSSion of the City of Seal Beach does hereby approve of ConditIOnal Use Pemut 92-2 subject to the follOWIng conditIOns 1 CUP 92-2 IS approved for an on-sale beer and WIne license at 101 Main Street, SUite 0 and IS Issued to Ronald and Patncla Sesler C \AMlPRO\DOCS\CUP\R92 2 ace be Page 2 Planmng CommJsslon Reso1uuon 92-8 : 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 penmtted on the premises without perrmts from the City 4 There shall be no alcoholic beverages advertised In the WIndow areas 5 The applicant shall comply WIth all restnctJons placed on the license by the Callfomla Department of Alcoholic Beverage Control 6 CUP 92-2 shall be automatically terminated If the operatIOn IS no longer maintained as a "bona fide eating place" as defined by the State Department of Alcoholic Beverage Control 7 CUP 92-2 IS non-transferrable 8 With the applicant's consent, the hours of operation shall be from 7 00 a m to 1000 P m Sunday through Thursday, and 7 00 a m to 11 00 P m Fnday, Saturday and Special eventslhohdays 9 The applicant shall, In a locatIOn acceptable to the Director of Development SefV1ces, prommently display the above-listed conditions of approval Wltlun the store's sales area 10 The term of this penmt shall be twelve (12) months, after which time the Planmng C01111111SSlon shall reY1ew and may extend the penmt mdefinltely proVlded that all conditions of approval have been satisfied and no slgmficant police or other problems have occurred 11 The applicant shall pay the City a parkmg nutlgatJon fee of$100/year for each of the five (5) defiCient parkmg spaces The fee must be p31d In full no later than July 15th of every year Failure to pay In a omely manner WIll result In the reconSideration of tlus CUP and pOSSible suspension of alcoholic beverage service pnvl1eges 12 ThlS condItional use permit shall not become effecove for any purpose unless an "acceptance of conditions" form has been Signed by the apphcant and property owner, notanzed or Signed before a City staff member subJect to proper ldenoficatlOn, and returned to the Department of Development Services, and until the ten (10) day appeal penod has elapsed 13 The Planning Commission reserves the nght to revoke thiS condloonal use permit If any VIOlation of these condloons or the Code of the City of Seal Beach occurs PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Beach at a meeting thereof held on the 6th day of May, 1992, by the follOWIng vote AYES CommiSSIoners Shall). Law. Fife. Dal1lman NOES CommiSSioners ABSENT C01111111sslOners --- ABSTAIN Commissioners Orsini $t-)j Iulhp Fife, Ch31rman II Planning CommISSIOn U II ~1- tJld/;m/f/'C: / ~e't-WIuttenberg, Secretary / vPlannlng ComnusslOn C \AMIPR.O\DOCS\CUP\R92 2 BCC be Page 3