HomeMy WebLinkAboutPC Res 93-14 - 1993-03-17
RESOLUTION NUMBER 93-14
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CUP NO. 93-5, PERMITTING
CONTINUATION OF COIN-OPERATED
AMUSEMENT DEVICES (VIDEO GAMES) IN
CONJUNCTION WITH AN EXISTING BAR
LOCATED AT 111 MAIN STREET (CLANCY'S
SALOON)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On February 4, 1993, Steve Meier submitted an application on
behalf of Clancy's Saloon, Inc. for CUP 93-5 with the Department of Development Services.
The applicant is requesting to continue to provide coin-operated amusement deVices in
conjunction with an existing bar located at 111 Main Street, Seal Beach (Clancy's Saloon). This
application has been filed in response to City Ordinance 1348 which required all existing
businesses which are lacking a required use permit to apply to the City for such a use permit
within six (6) months of approval of said ordmance.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ H.B of the
City's Loca1 CEQA Guidelines, staff has determined as follows: The application for CUP No.
93-5 is categorically exempt from review pursuant to the California Environmental Quality Act
pursuant to 14 Calif. Code of Regs. ~ 15301 (Existing Uses), because the application is for an
existing use which is not expanding; pursuant to ~ 15305 (Minor Alterations in Land Use
Limitations), because the proposal involves a minor alteration in a land use limitation and does
not involve either a property in excess of 20% slope or a change in land use or density; and
finally, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no
possibility that the approval may have a significant effect on the environment.
Section 3. A duly noticed public hearing was held before the Planmng
Commission on March 17, 1993 to consider the application for CUP No. 93-5. No written
evidence was submitted for or against the project. At the public hearing the applicant spoke in
favor of the request with no persons appearing in opposition.
Section 4.
The record of the hearing on March 17, 1993 indicates the
following:
(a) On February 4, 1993, Steve Meier submitted an application on behalf of
Clancy's Saloon, Inc. for CUP 93-5 with the Department of Development Services.
(b) The applicant is requesting to continue to provide coin-operated amusement
devices in conjunction with an existing bar located at 111 Main Street, Seal Beach (Clancy's
Saloon).
This application has been filed in response to City Ordinance 1348 which required all existing
businesses which are lacking a required use permit to apply to the City for such a use permit
within six (6) months of approval of said ordinance.
(c) The subject property is legally described as Lot 11, Block 8, Bay City
Tract, in the City of Seal Beach, County of Orange, State of California, as per map recorded
in book 3, page 19 of Miscellaneous Maps of said County.
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Planning Commission Resolution No. 93-14
Conditlonol Use Pemut 93-5
(d) The subject property contains approximately 2,940 square feet and is
located approximately 165 feet northerly of the center of the intersection of Main Street and
Ocean Avenue.
(e) The subject property has 25 feet of frontage on Main Street.
(t) The subject property contains a one story bar located on the front portion
of the subject property with an open parking area located to the rear.
(g) The applicants are proposing to maintain the existing hours of operation
at 6:00 a.m. to 2:00 a.m. daily.
(h)
The surrounding land uses and zoning are as follows:
NORTH, SOUTH
& EAST
Mixed commercial uses in the Service Commercial
(C-l) Zone.
WEST
A mixture of residential uses in the Residential High Density zone,
(RHO).
(i)
Main Street is a secondary street developed to its ultimate right-of-way of
80 feet.
(j) The subject structure contains approximately 1,551 square feet of interior
space, requiring 16 parking spaces. The subject property provides the following parking:
(1) Six (6) on-site parking space.
(2) Ten (10) grandfathered parking spaces.
(k) The subject bar has two (2) video games, one (I) pinball machine and a
coin-operated basketball game. A limited amount of snack items (chips, popcorn and candy) are
available for purchase, no meals are served on the premises.
(1) Chief of Police Bill Stearns has reviewed this request and has no concerns
regarding the granting of this request
(m) The City has received no responses, written or other, to its ma1led notice
regarding CUP 93-5.
Section 5. Based upon the facts contained in the record, including those stated
in ~ 4 of this resolution, and pursuant to n 28-2503 and 28-2504 of the City's ~, the
Planning Commission hereby finds as foIlows:
(a) CUP No. 93-5 is consistent with the provisions of the Land Use Element
of the City's General Pian, which provides a "service commercial" designation for the subject
property and permits coin operated amusement devices (video games) subject to the issuance of
a Conditional Use Permit. The use is also consistent with the remaining elements of the City's
General Plan as the policies of those elements are consistent with, and reflected in, the Land Use
Element. Accordingly, the proposed use is consistent with the General Plan.
(b) Staff inspected the subject property on November 10, 1992, and again on
February 24, 1993, and found the bar meets all requirements of the Code, excluding parking.
(c) The building and property at 111 Main Street are adequate in size, shape,
topography and location to meet the needs of the proposed use of the property.
C IWPSllRESOICUP93-S PCRu'W\03-17-93
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Planning CommisSIon Resolution No. 93.14
Comhllolllll Use Permit 93.5
(d) Clancy's Saloon has been in continuous operation for approximately 50
years.
(e) The provision of coin operated amusement devices (video games), if
properly conditioned and enforced, is compatible with the character of the surrounding area.
Adherence to conditions of approval placed on the use by the City of Seal Beach should mitigate
any negative impacts to neighboring residential properties.
(t) The existing coin-operated amusement devices are, and shall remain, a
secondary use to the establishment's primary use as a bar.
(g) Problems associated with the loitering of minors will not occur because
the subject establishment is not accessible to minors.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 93-5, subject to the foIlowing conditions:
1. Conditional Use Permit 93-5 is approved for the continued provision of
coin-operated amusement devices at 111 Main Street and is issued to Steve Meier (Clancy's
Saloon, Inc.). The coin-operated amusement devices are permitted as a secondary use to the
primary use of the property as a bar.
2. The applicant shall, in a location acceptable to the Director of
Development Services, prominently display these conditions of approval within the bar's sales
area.
3. This conditional use permit shaH not become effective for any purpose
unless an "Acceptance of Conditions" form has been signed by the applicant and property owner,
notarized or signed before a City staff member subject to proper identification, and returned to
the Department of Development Services; and until the ten (10) day appeal period has elapsed.
4. A new Conditional Use Permit shall be obtained when any of the foIlowing
occur:
(a) the establishment proposes to change its type of liquor license;
(b) the establishment proposes to modify any of its current conditions of approval;
or
(c) there is a substantial change in the mode or character of operations of the
establishment.
5. The Planning Commission reserves the right to revoke this conditional use
permit at a noticed public hearing if any violation of these conditions or the Code of the City
of Seal Beach occurs or if significant police-related problems occur.
6. In the event staff determines that security problems exist on the site, the
conditions of this permit may be amended, under the procedures of the City's municipal ~,
to require the provision of additional security.
7. Clancy's Saloon is required to have a public telephone listing.
8. The applicant must bear the cost of modifications or cease operations if
harm or police-related problems are demonstrated to occur as a result of criminal or antisocial
behavior, including but not limited to the loitering of patrons around the exterior of the bar,
excessive noise, violence, public drunkenness, vandalism, solicitation and/or litter.
C IWPSlIRESOICUP93-5 PCRILWl03-17-93
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Planmng ComnusslOn Resolution No. 93-14
Conditional Use Pemut 93-5
9. The facility shall comply with Chapter 13D, "Noise Control", of the Code
of the Citv of Seal RP,,"It. Should complaints be received regarding noises generated by the
facility, the Planning Commission reserves the right to schedule the subject property for
reconsideration and may require the applicant/operator to mitigate the noise level to comply with
the provisions of Chapter 13D.
10. The applicant shall allow City staff, including but not limited to Planning,
Building and Police Department staff to enter the establishment during normaJ business hours
from time to time to determine compliance with the above-listed conditions of approval.
11. The applicant remains bound by all conditions set forth in Conditional Use
Permit 92-19.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 17th day of March, 1993 by the following vote:
AYES:
Commissioners Law. Sham and Soukuu
NOES:
Commissioners
ABSENT:
Commissioners Dahlman and Fife
/ll'm Sharp, Acting Chairman
~Planning Commission
Whittenberg, Secretary
Planning Commission
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