HomeMy WebLinkAboutPC Res 97-48 - 1998-01-21
RESOLUTION NUMBER 97-48
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP NO 97-10,
PERMITTING UP TO TWO (2) BILLIARD TABLES IN
CONJUNCTION WITH A RESTAURANT LOCATED AT 941
PACIFIC COAST mGHW A Y, SEAL BEACH (SHOREHOUSE
CAFE)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOL VB
Section 1 On August 25, 1997 Joseph Goveia subffiltted an application on
behalf of DaVId Bonnadonna for CUP 97-10 with the Department of Development SeTVIces
SpecIfically, the applicant IS seekmg to install up to two (2) billiard tables 10 conjunction WIth an
exIstmg restaurant located at 941 Pacific Coast Highway, Seal Beach (Shorehouse Cafe) The
proposed bdliard tables would be located Wlthm the restaurant's lounge area
Section 2 Pursuant to 14 CalIf Code of Regs ~ 15025(a) and ~ II B of the
CIty'S Local CEQA Guldelmes, staffhas deteTffilned as follows The application for CUP 97-10 is
categoncally exempt from review pursuant to the California EnVIronmental QualIty Act pursuant
to 14 CalIf Code of Regs ~ 15301 (ExIstIng Uses), because it mvolves the neglIgIble expansIon
ofan existIng use and, pursuant to ~ l5061(b)(3), because It can be seen WIth certamty that there
IS no pOSSIbility that the approval may have a slgmficant effect on the environment
Section 3 A duly noticed pubhc hearing was held before the Planmng
Comnusslon on December 3, 1997 to consider the applicatIOn for CUP No 97-10 At the public
heanng the applicant and two people spoke 10 favor of the request WIth one person speakmg ID
OppOSItion
SectIon 4
The record of the hearing on December 3, 1997 mdlcates the
follOWIng
(a) On August 25, 1997 Joseph GoveJa subffiltted an application on
behalf of DaVId Bonnadonna for CUP 97-10 with the Department of Development ServiceS
(b) Specifically, the applicant IS seekmg to operate a bdllards parlor
(max 2 tables) ID conjunction with an exIstmg restaurant located at 941 PacIfic Coast HIghway,
Seal Beach (Shorehouse Cafe) The proposed billiard tables would be located WIthIn the
restaurant's lounge area
(c) The subject lease space IS located wlthm the Seal Beach Center, a
retail commercial center located on the north Side of Pacific Coast HIghway between MalO Street
and Balboa Dnve
(d) Pacific Coast Highway IS a pnmary street with a nght-of-way of
100 feet
(e) The surroundmg land uses and zomng are as follows
NORTH Located across Bolsa Avenue are smgle family dwellings 10 the
ReSIdential Low DenSity zone (RLD) Due to the sIZe of the
subject property, the rear property hne walls of the nearest
reSIdences are located approximately 250 feet from the nearest
point of the subject restaurant
SOUTH Located across Pacific Coast HIghway is a mIXture of commercial
uses in the General Commercial zone (C-2)
WEST Located across Main Street IS a bank in the General Commercial
zone (C-2)
D Wy DocumentslCondlllonal Use Permds\97-10 Resolution doc
EAST
(f)
the City
~ CUP 9-87
~ VAR4-85
~ CUP 21-84
~ CUP 7-84
~ CUP 14-83
~ CUP 7-79
Plannmg CommiSSion Resolution No 97-48
January 21, 1998
Located across Balboa Dnve are smgle falDlly dwelbngs in the
ResIdentIal Low DenSIty zone (RLD) Due to the SIze of the
subject property, the rear property lme walls of the nearest
reSidences are located approXimately 500 feet from the nearest
point of the subject restaurant
The subject restaurant has received the following approvals from
Contmuatlon of on-sale generailiquor
SIgnS
On-sale LIquor
On-sale LIquor
Planned SIgn Program
On-sale beer & WIDe
(g) Staffhas receiVed no comments, wntten or other, regarding the
mailed/published notice regardmg CUP 97-10
SectIon 5 Based upon the facts contained 10 the record, mc1udmg those stated m
~ 4 of this resolution, and pursuant to ~~ 28-1300, 28-2503 and 28-2504 of the CIty'S Code, the
Planmng COffiffilsslon hereby finds as follows
(a) CUP No 97-10 is consistent with the prOVISIons of the Land Use
Element of the City's General Plan, which provides a "general commercIal" deSIgnation for the
subject property and peTffilts the operation of restaurants selling alcohobc beverages and bilbard
parlors subject to the Issuance of a Conditional Use PeTffilt 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 10, the Land Use Element Accordmgly, the proposed use IS consIstent WIth the
General Plan
(b) The bulldmg and property at 941 Pacific Coast HIghway are
adequate m Size, shape, topography and location to meet the needs of the proposed use of the
property Required adherence to appbcable building and fire codes ensures there will be adequate
water supply and utilitIes for the proposed use
(c) The subject restaurant IS located more than 250 feet from the
nearest reSIdential property
(d) The subject restaurant has sold alcohobc beverages for on-sIte
consumption for 18 years with no history of pobce-related concerns
(e) The CluefofPohce has reVIewed the requested addItIon of up to
two (2) billiard tables to the restaurant's lounge and has no concerns with the grantmg oftlus
request
(f)
proposed operatmg hours
Pacific Coast HIghway IS a significant nOise generator during the
Section 6 Based upon the foregoing, the Planning CommisSion hereby
approves CondItional Use PeTffilt 97-10, subject to the follOWIng conditions
1 CUP 97-10 is approved for mstallation of up to two (2) bdbard tables WItlun the lounge area
of an existing restaurant located at 941 PaCIfic Coast Highway, Seal Beach
2 Billiard use shall not commence earber than 10 00 A M The manager or Ius designee shall
call last call on bIlliards at 1 30 AM, with no new games commencmg after 1 30 AM
3 A modIficatIon of this CondItional Use Pennit shall be obtamed when
(a) The establishment proposes to change the type of operation
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Planmng CommiSSIon ResolutIon No 97-48
January 21, 1998
(b) The estabbshment proposes to modIfy any of Its current condItIons of approval
(c) There IS a substantial change in the mode or character of operations of the
estabbshment
3 The subject restaurant remains bound by all condItions of CUP 9-87
4 The proposed facility shall comply with Chapter 13D, "Noise Control", of the Code of the City
of Seal Beach as the regu1ations of that Chapter now exist or may hereafter be amended.
Should compiamts be received regardIng noises generated by the fac1hty, the Planning
CommissIon reserves the nght to schedule the subject per1D1t for reconSIderation and may
require the applicant/operator to ffiltlgate the noise level to comply with the pTOV1S1onS of
Chapter 13D.
5. The Planning CommissIon reserves the nght to revoke or modIfy thIS CondItIOnal Use PeTffilt
Ifany VIolation of the approved condItIons occurs, any VIolatIOn of the Code of the CIty of
Seal Beach, occurs, or for those reasons specified by ArtIcle 28, and 10 the manner specified 10
Article 25, of Chapter 28 of the Code of the City of Seal Beach
6 TIns Conditional Use Per1D1t shall become null and vOId unless exercised WIthm one (1) year of
the date of final approval, or such extenSIon of time as may be granted by the P1annmg
CoffiffilSSlon pursuant to a wntten request for extension submitted to the Department of
Development Services a minimum of mnety (90) days pnor to such expuation date.
7. Tlus CondItIonal Use Pennit shall not become effective for any purpose unless an "Acceptance
of ConditIOns" form has been SIgned by the appbcant 10 the presence of the DIrector of
Development SeTVIces, or notarized and returned to the Planmng Department, and until the
ten (10) day appeal period has elapsed
8. The applicant WIll prominently display these condItions of approval 10 a locatIon W1tlun the
business's customer area that IS acceptable to the DIrector of Development SeTVIceS
9. The approval of this permit is contlOgent on the approval ofZomng Text Amendment 97-5,
wluch will conditionally peTffilt up to two (2) bllbard tables 10 conjunction WIth a restaurant m
the ServIce CommercIal zone (C-l) For the purposes of condItion 10 below, the effectIve
date oftlus use peTffilt is the approval date of ZT A 97-5
10 The term of this peTffilt shall be for SIX (6) months, after wluch time the appbcant may apply to
the ComnusSlon for an mdefimte extension, provided all condItIons of approval have been
satisfied and no extraordmary demand for law enforcement seTVIces occur WIth respect to the
subject property
PASSED, APPROVED AND ADOPTED by the Planmng COffiffilssion of the City ofSea1 Beach
at a meeting thereof held on the 21" day of January, 1998 by the follOWIng vote
AYES COffiffilssioners
- 13/fOWAJ, Yo.s~ ~O~, IA:Jnd, LAuJ
NOES COffiffilssloners
'-,
ABSENT Commissioners _
.....
e Whittenberg, Secretary
Planmng Commission
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