HomeMy WebLinkAboutPC Res 98-50 - 1998-12-09
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RESOLUTION NUMBER 98 - 50
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CUP NO. 98-18,
ALLOWING A MODIFICATION TO THE
CONDITIONS OF APPROVAL ON AN
EXISTING LAND USE ENTITLEMENT TO
ALLOW INTERIOR REMODELING AND AN
OUTDOOR DINING AREA AT AN EXISTING
RESTAURANT AT 143 MAIN STREET
(HENNESSEY'S TAVERN)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On November 5, 1998, Hennessey's Tavern Inc. (the
"Applicant") filed an application with the Department of Development Services for
Conditional Use Permit 98-18, for an interior remodeling of the existing restaurant, the
creation ofa semi-enclosed outdoor dining area, and the relocation of the front entry into
the restaurant from the front of the restaurant to the northerly side of the restaurant,
adjacent to Main Street.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ n B of
the City's Local CEQA Guidelines, staff has determined as follows: The application for
CUP 98-18 for the proposed interior remodeling is categorically exempt from review
pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs
~ 15301 (Minor Alterations in Land Use Limitations), because the proposal involves a
negligible expansion of an existing use, pursuant to ~ 15305 (Minor Alterations in Land
Use Limitations), because the proposal involves a minor alteration in land use limitation
and does not involve either a property in excess of 20% slope or a change in land use or
density; and, the proposed outdoor dining area was considered as part of Negative
Declaration 96-2, evaluating the environmental impacts of the Main Street Specific Plan
Section 3. A duly noticed public hearing was held before the Planning
Commission on December 9, 1998, to consider the application for CUP 98-18 At the
public hearing the applicant spoke in favor of the request, with persons appearing both in
favor of and in opposition to the request
Section 4.
The record of the hearing of December 9, 1998 indicates
the following
(a) On November 4, 1998, Hennessey's Tavern Inc, submitted an
application for CUP 98-18 with the Department of Development Services.
(b) Specifically, the applicant is proposing to remodel the interior of
an existing restaurant and proposing to convert the front 12 feet of the existing restaurant
to an outdoor dining area
(c) The subject property contains approximately 8,813 square feet and
is located at the southwesterly comer of Main Street and Central Avenue
(d) The subject property is legally described as Orange County
Assessor's parcel number 199-034-02 The adjoining parking lot, under a joint lease by
the subject restaurant business and John's Food King, is legally described as Orange
County Assessor's parcel number 199-034-01.
C \My DocumentslRESOICUP 98-18 (II....essey's) PC ResolutIon docILW112-1 '-98
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Plannmg Comm.....tR1 R..olutum No 98-50
Cond.II01U1l U.. P."".t 98-18
143 Morn Street - Henn....ey '. Tavern
Decmtb.r 9. 1998
(e) The subject property contains a restaurant which is proposed to be
refurbished and remodeled. Previous to the present owners, Papillon Restaurant had
operated on the site for over 8 years with no history of extraordinary demand for law
enforcement services regarding the restaurant or sales of alcoholic beverages on the
property.
(f) The proposed restaurant is a full service restaurant, relocating from
across Main Street at 140 Main Street. The restaurant will sell an assortment of non-
alcoholic beverages as well as beer, wine and distilled spirits
(g) The City has granted the following approvals for the property.
lJ Variance 15-84 - parking variance for less than the required
number of on-site parking spaces
lJ CUP 19-84 - permit on-sale beer and wine sales in conjunction
with a delicatessen restaurant.
lJ CUP 22-84 - permit the establishment of a take-out delicatessen
restaurant
lJ Variance 2-89 - parking variance for less than the required number
of on-site parking spaces in conjunction with a new restaurant
lJ CUP 2-89 - permit an on-sale general liquor license in conjunction
with a new restaurant.
lJ CUP 92-13 - permit a single, unamplified entertainer between 7 00
PM. and 11'00 P.M., daily.
(h) The subject property is legally nonconforming due to inadequate
parking. The property is eleven (11) spaces deficient and is required to participate in a
pre-existing in-lieu parking program.
(i)
NORTH
The surrounding land uses and zoning are as follows.
Existing restaurant in the Main Street Specific Plan Zone.
SOUTH
EAST
& Commercial retail businesses and restaurants in the Main Street
Specific Plan Zone
WEST
Grace Brethren Church in the Residential High Density (RHO)
Zone
G) Michael Sellers, Chief of Police, ahs reviewed the proposal and
existing records, and has no reservation regarding the proposed remodeling, other than a
concern regarding persons stepping outside the restaurant for smoking purposes, and the
potential for related noise created by those persons He also recommends the proposed
semi-enclosed outdoor dining area be enclosed as recommended by Staff after II 00 P M
Section 5. Based upon the facts contained in the record, including
those stated in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of
the City's Code, the Planning Commission makes the following findings
(a) Conditional Use Permit 98-18 is consistent with the provisions of
the Land Use Element of the City's General Plan and the Main Street Specific Plan,
which provides a "Main Street Specific Plan" designation for the subject property and
permits restaurants serving alcoholic beverages subject to the issuance of a conditional
use permit and semi-enclosed restaurants. The use is also consistent with the remaming
elements of the General Plan, as the policies of those elements are consistent with, and
reflected in, the Land Use Element Accordingly, the proposed use, as conditioned, is
consistent with the General Plan and the Main Street Specific Plan
CUP 98-18 (II"""""'ey's) PC R.solubon
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PlannIng CommlssltRI ResolutltRI No. 98-jO
Condlllonal Use Pemrl/98-18
143 Mam Stree/- Hennessey's Tavem
December 9. 1998
(b) The style, height and bulk of the remodeled existing structure are
consistent with surrounding commercial and institutional uses, in that a restaurant has
been operated in the structure for 8 years.
(c) The building and property at 143 Main Street are adequate in size,
shape, topography, and location to meet the needs ofthe proposed remodeled restaurant
and the proposed outdoor dining area, as the existing building provides a buffer between
the outdoor dining area and the adjacent commercial and institutional uses The nearest
residential property is approximately 130 feet to the southwest, south of Grace Brethren
Church and 340 feet to the west, along Central Avenue at the comer ofCentra1 Avenue
and Seventh Street. In addition, the proposed conditions of approval regarding the
outdoor dining area are sufficient to protect the residential uses within the area from
adverse noise impacts
(d) Required adherence to applicable building and fire codes will
ensure there will be adequate water supply and utilities for the proposed use
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit 98-18, subject to the following conditions'
1. CUP # 98-18 is approved for the interior remodeling of an existing restaurant
and to permit a partially enclosed and covered outdoor dining area within the
front 12 feet of the existing restaurant structure located at 143 Main Street,
Seal Beach.
2 The applicant remains bound by all conditions of CUP No. 2-89 and Variance
No. 2-89
3. The Applicant remains bound by the conditions of CUP 92-13, regarding live
entertainment on the subject premises
4. The applicant shall comply with all restrictions placed on the license issued by
the State of California's Department of Alcoholic Beverage Control (ABC).
This shall be done as soon as the license is received by the applicant from
ABC
5 All alcoholic beverages sold in conjunction with the on-premise-Iicensed
establishment must be consumed entirely on the premises prior to closing
time None shall be sold as take-out. Consumption of alcoholic beverages is
prohibited in the establishment's parking area. There shall be posting of signs
both inside and outside the licensed premises indicating that law prohibits
drinking outside the licensed premises.
6. It shall be the responsibility of the applicant/licensee to provide all employees
that sell or serve alcoholic beverages with the knowledge and skill enabling
them to comply with their responsibilities under State of Cali fomi a law.
7. The knowledge and skills deemed necessary for responsible alcoholic
beverage service shall include, but not be limited to the following topics and
skills development.
o State law relating to alcoholic beverages, particularly ABC and penal
provisions concerning sales to minors and intoxicated persons, driving
under the influence, hours of legal operation and penalties for violation of
these laws.
o The potential legal liabilities of owners and employees of businesses
dispensing alcoholic beverages to patrons who may subsequently injure,
kill, harm themselves or innocent victims as a result of the excessive
consumption of alcoholic beverages.
o Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
CUP 98-18 (H......ey'I) PC ResolullOD
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Plann,ng Com""..,OfI Resolution No 98-50
Cond,honal Use Perm,t 98-18
143 Mam Street - Hennessey's Tavern
December 9. 1998
lJ Methods of dealing with intoxicated customers and recognizing under age
customers.
8. The following organizations provide training programs, which comply with
the above criteria:
lJ Provider:
Program:
Telephone:
Date:
Time'
Cost:
Place'
lJ Provider:
Program:
Telephone'
Date
Cost:
DeDartment of Alcoholic Beveral!:e Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
Istt Monday of each month
10.00 a.m to 1:30 p.m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
Orange Countv Health Care Al!:ency
Alcohol & Drug Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860 * Karen Keay
They will schedule appointments
$1295 per person
9. The hours of operation shall be as established by CUP No 2-89
11.00 AM. to 1.00 AM., Monday through Saturday
9 00 A M. to 11 :00 P.M., Sunday
10. The hours of non-amplified entertainment shall be as established by CUP 92-
13:
7.00 P.M to 11'00 PM., daily
11. No video games or similar amusements shall be permitted on the premises
unless a separate conditional use permit is approved for that use.
12. There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages.
13. The applicant will prominently display these Conditions of Approval in a
location within the businesses' customer area that is acceptable to the Director
of Development Services.
14. The establishment shall have a public telephone listing.
15. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment Operators of such establishments shall remove
trash and debris on an appropriate basis so as not to cause health problems
There shall be no dumping of trash and/or glass bottles outside the
establishment between the hours of 10'00 p.m and 7:00 a m
16. In the event staff determines security problems exist on the site, the
Conditions of this permit may be amended, under the procedures of The Code
of the City of Seal Beacb, to require the provisions of additional security
measures.
17 CUP #98-18 shall be automatically terminated if the operation is no longer
maintained as a "bona fide public eating place" as defined by the ABC, and as
audited by the City staff.
18 The establishment must serve a complete menu of food until thirty (30)
minutes prior to closing time.
CUP98-18 (Hennessey's) PC Resolull..
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Plannrng Comm......on Resolutron No 98-50
CoruJ.honal U.. Pe",..t 98-18
143MarnStreet-Hennes.ey'. Tavern
December 9, 1998
19. There shall be no live entertainment, amplified music, or dancing permitted on
the premises at any time, except for the types of entertainment specifically
authorized by Conditional Use Permit 92-13, issued by the City Council, and
unless such uses are consistent with the license conditions imposed by ABC or
a Special Activities permit is issued to the applicant by the City Manager of
the City of Seal Beach
20. The establishment shall comply with Chapter 13D, "Noise Control", of The
Code of the City of Seal Beach as the regulations of that Chapter now exist or
may hereafter be amended Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule the subject CUP for reconsideration and may require the
applicant/operator to mitigate the noise level to comply with the provisions of
Chapter 13D.
21 This CUP shall not become effective for any purpose unless/until a City
"Acceptance of Conditions" form has been signed by the applicant in the
presence of the Director of Development Services, or notarized and returned
to the Planning Department, and until the ten (10) calendar-day appeal period
has elapsed.
22. A modification of this CUP shall be applied for when
lJ The establishment proposes to change its type ofliquor license
lJ The establishment proposes to modifY any of its current Conditions of
Approval
lJ There is a substantial change in the mode or character of operations of the
establishment
23 The Planning Commission reserves the right to revoke or modify this CUP
pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm
or retail-related problems are demonstrated to occur as a result of criminal or
anti-social behavior, including but not limited to the congregation of minors,
violence, public drunkenness, vandalism, solicitation and/or litter
24 Whenever the outdoor dining area is being utilized for the sale, service or
consumption of alcoholic beverages, a premise employee shall be in
attendance. He/she must maintain continuous supervision at all times to
ensure the outdoor dining area does not create a public nuisance contrary to
public welfare and morals
25. All alcoholic beverages served in the outdoor dining area must be served in
glass containers; none may be served in bottles.
26. The outdoor dining area shall be completely surrounded by a minimum 36"
high fence/enclosure. In addition, this area shall be capable of being
completely enclosed by double-paned sliding glass doors, and said area shall
be completely closed in at II 00 PM each night No ingress/egress shall be
permitted to/from the outdoor dining area, except through the interior of the
restaurant and the permitted entrance from the parking lot area adjacent to
Main Street.
27 The applicant shall continue to pay a parking impact mitigation fee in the
amount of $100 per space per year for the eleven (II) deficient parking
spaces, and building permits shall not be issued for the proposed construction
approved by this Conditional Use Permit until all delinquent fees are paid in
full and no outstanding payments for this property exist.
CUP 98-18 (IIennesocy'.) PC Rosolullon
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PlannIng CommIssIon Ruolrlllon No 98-50
Condlllonal Use Pemu' 98-18
143 Main Stree, - Hennessey's Tavern
December 9. 1998
28 Provide a mtmmum 3-foot wide landscaped planter area along Central
Avenue, enclosed by a minimum 6" high concrete curb. Landscape plans to
be reviewed and approved by the Street Tree Division of the Parks and
Recreation Department Automatic sprinkler system to be provided.
29. A grease trap shall be provided for the restaurant in accordance with the
standards of the Orange County Health Department
30. Applicant and City to explore in good faith the feasibility of constructing a
"comer bench, Newspaper racks, and trash receptacle" structure at the comer
of Main Street and Central Avenue as set forth in the design concepts for the
"Preliminary Streetscape Plan - Main Street Specific Plan" as prepared by
RRM Design Group. City and applicant to share on a 50/50 cost ratio the
preparation of preliminary design concept and final construction plans, if
determined feasible. If construction is determined feasible, City and
Applicant to share all construction costs on a 50/50 cost ratio.
31 Within 3 months of the final inspection for said remodeling activities, the
Applicant shall complete the following public improvements along Main
Street and Central Avenue:
CJ Central Avenue - Remove and replace all sidewalk, curb and gutter, and
replace in accordance with City standards (City to share costs on a 50/50
ratio).
CJ Main Street - Remove and replace all stamped brick sidewalk/access ramp
at the comer of Main Street and Central Avenue and replace in accordance
with City standards, remove and replace curb, gutter and sidewalk along
that portion of Main Street adjacent to the front building overhang, back to
the second score line, and replace in accordance with City standards (City
to share costs on a 50/50 ratio).
CJ Health and viability of existing ficus trees along Central Avenue to be
reviewed by the Street Tree Advisory Committee, and if determined to be
appropriate to be replaced, City to share replacement cost on a SO/50 ratio.
32. Th door to the establishment facing Central Avenue shall be an emergency
exit only, subject to the approval of the Orange County Fire Authority If the
door is required to be operational for ingress and egress, the exterior side of
the door shall be designed to discourage use as a main entrance to the
establishment.
33. The parking lot shall be designed with a low wall to prevent direct pedestrian
access to the parking lot from the Northeast comer of the building
34 This CUP shall become null and void unless exercised within one (1) year of
the date of final approval, or such extension oftime as may be granted by the
Planning Commission pursuant to a written request for extension submitted to
the Department of Development Services a minimum of ninety (90) days prior
to such expiration date
35. The term of this permit shall be six (6) months, beginning the first day of
operation of the new restaurant. At the end of the initial term, the applicant
may apply to the City for a twelve (12) month extension, and finally, an
indefinite extension The Planning Commission may grant an extension as
discussed above, provided that all Conditions of Approval have been met and
no significant police or other problems have occurred. The applicant is
hereby advised that a new application and accompanying fee must be
submitted to the City prior to consideration of any extensions
CUP 98-18 (Hennessey'.) PC ResolutIon
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Plo"mng C""""'U'OII Re.olutlon No 98-50
Condlll01l01 U.e Permll 98-18
14J Mom Streel- Ht!1I1Ie..ey'. Tavern
December 9, 1998
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 9th day of
December. 1998, by the following vote:
AYES Commissioners
Brown, Cutull, Hood, Larson and Lyon
NOES' Commissioners
None
ABSENT: Commissioners
None
Brian rown, MD
Chairm n of the Planning Commission
~
~enberg ~
Secretary of the Planning Commission
CUP 98-18 (Hennessey'.) PC Resolullon
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