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Home My WebLink AboutPC Res 92-04 - 1992-04-15 . . RESOLUTION NUMBER 92-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 92-1, A REQUEST FOR AN ON-SALE BEER AND WINE LICENSE AT AN EXISTING RESTAURANT LOCATED AT 909 OCEAN A VENUE, SEAL BEACH (TOOTSIES) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE WHEREAS, on March 6, 1992, Joseph Orslm filed an apphcatlon on behalf of Sharon Good for CUP 92- I, and WHEREAS, the applicant IS requestmg approval of an on-sale beer and WIne license 10 conJunction WIth an exlstmg restaurant located at 909 Ocean Avenue, Seal Beach (T ootsles), and WHEREAS, the subject property IS legally descnbed as Lots 5 and 6 m Block 9, as shoWll upon Map entitled Bay, Bay City, accordmg to the offiCial Map thereof, filed for record 10 Book 3, Page 19 of Miscellaneous Maps 10 the records of the Orange County Records Office, and WHEREAS, the subject property consists of two 25' x 110' parcels contaImng approximately 6,050 square feet and IS located on the northerly Side of Ocean Avenue approXlmately 240 feet easterly of the centerhne of Ocean Avenue and MaIO Street (909 Ocean Avenue), and WHEREAS, the subject property has approximately 50 lmeal feet of frontage on Ocean Avenue, and WHEREAS, the surroundmg land uses and zomng are as follows NORTH A mixture of commercial uses and nonconformmg reSidentIal uses located 10 the Service Commercial zone, (C-1) SOUTH Eisenhower Park located 10 the Pubhc Land Use zone, (PLU) EAST A mixture of high, medIUm and low denSity reSidential uses located 10 the Resldentlall:hgh DenSity zone, (RHO) WEST Commercial retaIl and restaurant uses located 10 the SefVIce Commercial zone, (C-1), and WHEREAS, The subJect property contaIns a 1,096 square foot restaurant WIth seven (7) open parkmg spaces and four (4) parkmg spaces Wlthm garages The subJect restaurant reqUires eleven (11) pubhc parkmg spaces, and WHEREAS, Tootsles IS proposed to be a full sefVIce restaurant servmg breakfast, lunch and dinner, and WHEREAS, Due to the restaurant's locatIOn directly next to reSidentIal uses, staff recommends the hours of operation be from no earher than 6 00 a m to no later than 10 00 P m dally,and WHEREAS, The subJect property has received the follOWIng approvals from the Planmng CommiSSion CUP 5-81 On-sale beer and WIne, Vanance 5-86 In-Lieu Parkmg, Cup 8-86 Take out restaurant, CUP 9-86 Entertamment Pemut, CUP 19-86 Walk-up, Take out restaurant, CUP 3-90 Walk-up, Take out restaurant, and e \AMlPROIDOCSICUP\R92-1 Bee be Page 1 . WHEREAS, P1anmng CommiSSion Resolution 92-4 CmefofPolice Wdham Steams has reVlewed the records ofTootsles and prevlOUS restaurants on the site, and has no reservatlons about permitting the proposed on-sale beer and wine hcense, and WHEREAS, a duly noticed pubhc heanng was held on Apnl 15, 1992 to consider CUP 92-1, and WHEREAS, the Planmng ComnusslOn makes the followmg findings 1 Staff mspected the subject property and found that the restaurant presently meets all normal conditions of approval for establishments serving on-sale alcoholic beverages 2 The granting of CUP 92-1 IS consistent WIth the proVlslons of the General Plan wmch Indlcate the subject property IS to be used for seTVlce commercial purposes, which Includes on-sale seTVlce of beer and WIne 3 The budding and property at 909 Ocean Avenue 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 wine The on-premises sale beer andj\ls compatible With the character of the Main Street/Ocean Avenue area Adherence to condltlons of approval placed on the use by both the City of Seal Beach and the DepartJnent of AJcoholic Beverage Control should nutlgate any negative Impacts to nelghbonng reSldentlal properties 5 6 The Seal Beach Pohce Department has rev1ewed the eXisting records of the restaurant and has no reservatlons regarding the requested license NOW, THEREFORE BE IT RESOLVED that the Planmng Commission of the City of Seal Beach does hereby approve ofCondJtlonal Use Pernut 92-1 subJect to the follOWIng conditions I CUP 92-1 IS approved for an on-sale beer and WIne hcense at 909 Ocean Avenue and IS Issued to Tootsles Inc 2 AJI alcoholic beverages shall be consumed entirely Wltmn the budding and none shall be sold as take-out 3 No Video games or slnular amusements shall be permitted on the premises WIthout the obtainment of proper pernuts from the City 4 There shall be no a1cohohc beverages advertised In the WIndow areas 5 The apphcant shall comply WIth all restncnons placed on the hcense by the Cahfonua Department of AJcoholic Beverage Control 6 CUP 92-1 shall be automatically ternunated If the operatlon IS no longer maintained as a "bona fide eating place" as defined by the State Department of AJcoholic Beverage Control 7 CUP 92-1 IS non-transferrable 8 With the applicant's consent, the hours of operatIOn shall be from 6 00 a m to 10 00 P m on weekdays and from 6 00 am to 11 00 P m on Fndays and Saturdays Food shall be served until fifteen (15) minutes before clOSing Tms conditIOn IS granted WIthout prejudice to the applicant who make seek an extension of operating hours In conjunction WIth future reconSlderatlon of thiS request, proVlded that the CommiSSion shall conSider e \AMlPROIDOCSICUP\R92-1 Dee be Page 2 . Planmng CommiSSion Reso1uUon 92-4 any problems, pohce or other, wmch may have occurred as a result of the service of beer and wine at the site 9 Subject to review and approval of the Department of Development SeTVlces the detached, two-car garage shall be removed and covered WIth asphalt, the parkmg area shall be restnped to provide a 1l11rumum of rune (9) uncovered parking spaces and the eXisting gas SerY1ce shall be relocated out of the parking area, pusuant to Condition 16 below 10 The applicant shall Install a Slgn to read "Customer Parking In Rear" on the front of the budding SllId Sign subJect to reVlew and approval of the Director of Development SeTVlces 11 The apphcant shall clear all landscaped areas of weeds and rubbish A landscapmg and ImgatlOn plan shall be sub1l11tted to the Department of Development SerY1ces for reVlew and approval Landscaping and ImgatlOn shall be Installed and mlllntlllned In accordance WIth the approved landscaping plan WIthin 120 days ofapproval of CUP 92-1 12 A SIX (6") Inch curb shall be Installed around all landscaped areas In conjunctIOn WIth removal of the rear garage, pursuant to Condition 16 below Pnor to removal of the garage, a temporary separatIOn or bordenng mater1a1 (acceptable to stall) shall be mstalled 13 A lockmg gate shall be Installed on the trash enclosure and continuously mlllntlllned SllId gate shall be subject to review and approval of the Director of Development SerY1ces 14 Approval of CUP 92-1 IS subject to reVlew and approval of the Orange County Fire Department and the Orange County Health Department 15 The apphcant shall, In a locanon acceptable to the Director of Development SeTVlces, pronunently display the above-listed conditIOns of approval wltmn the store's sales area 16 The term oftms pernut shall be twelve (12) months, after wmch time the Planmng C0ffi1l11SSI0n shall review and may extend the permit The date of the expiration of the applicant's existing lease of the pre1l11ses shall be venfied by dehvery to staff of a true and correct copy of the complete lease Thereafter, thiS CUP shall be extended infinitely proVlded (a) the eXisting detached two-car garage IS removed, (b) the parkmg lot IS resurfaced and restnped as necessary to generate at least rune (9) uncovered parkmg spaces, (c) the temporary border matenal around the landscaping IS replaced With a SIX (6") Inch concrete curb and, (d) proVlded all condltlons ofapproval have been satisfied and no slgruficant police or other problems have occurred PASSED, APPROVED AND ADOPTED by the Planmng Comnusslon of the City of Seal Beach at a meeting thereof held on the 15th day of Apnl, 1992, by the follOWIng vote AYES Commissioners Shall). Law. Fife. Dahlman NOES CommiSSioners ABSENT ComnusslOners ABSTAIN ComnusslOners OrSlru p~ J(tl (pllllhp Fife, c;;~alrman Planrung C01b~ussion ~ll Whlttenberg, ecretary Planning COm1l11SSI0n e \AMlPROIDOCSICUPlR92-1 Bee be Page 3