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Home My WebLink AboutPC Res 01-25 - 2001-07-11 . RESOLUTION NO. 01-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP 98-18 (6 MONTH EXTENSION) ALLOWING CONTINUED USE OF A PREVIOUSL Y -APPROVED OUTDOOR DINING AREA AND MODIFYING THE CONDITIONS OF CUP 98-18 TO ALLOW TI-IE RESTAURANT TO OPEN AT 7:00 A.M. SEVEN DAYS A WEEK (HENNESSEY'S TAVERN) THE PLANNING COMMISSION OF TI-IE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 4, 2001, Hennessey's Tavern Inc. (the "Applicant"') liled an application with the Department of Development Scrviccs for an indctinite cxtcnsion of CUP 98- 18, which permitted the conversion of 12 feet of existing restaurant to an outdoor dining area and related modifications at 143 Main Street. The Applicant also requested amcndmcnt of the conditions or CUP 98-18 to allow (i) thc restaurant to open at 7:00 AM daily; (ii) live entertainment on a nightly basis; and (iii) the elimination of condition #11, which prohibits the advertising of alcoholic beverages visible outside of the building. Section 2. Pursuant to the Cali10rnia Environmental Quality Act ("CEQA"), the state CEQA guidelines and thc City's local CEQA guidelincs, staff has determined that the application is eatcgorically exempt fi'om CEQA review pursuant to: state guidelines Scetion 15301 because the proposal consists of the continued operation of an existing private facility and involvcs no expansion of use; and because the environmental impacts associated with outdoor dining area were evaluated at the time the City undertook environmental analysis of the Main Street Specilic Plan and determined thcrc would bc no adversc environmental impacts, thereby adopting Ncgative Declaration 96-2. Section 3. A duly noticed public hearing was held before the Planning Commission on July 11, 2001 to consider the application. At the public hearing, the applicant spoke in favor of the request and mcmbers or the public appeared both in favor of and in opposition to thc rcqucsL Section 4. The record ofthc July 11. 2001 hearing indicates the following: (a) On Junc 4, 2001 the Applicantlilcd an application with the Department of Dcvclopment Scrvices lor an indclinite extension and amendment of CUP 98-18. The Applicant proposed to (i) continue use of the outdoor dining area; (ii) change the hours of operation to allow opening at 7 a.m. on a daily basis; and (iii) oller live entertainment starting at 9 p.m. on a nightly basis; and (iv) rC1110VC condition #11, prohibiting the advcrtising of alcoholic beveragcs to the exterior of the building. Thc existing use is a full service restaurant olTering an assortment of food, non-alcoholic bcvcrages, beer, wine and distilled spirits. (b) The -subject property contains approximately 8,813 square feet and is located at the southwcsterly corner of Main Street and Central Avenue. The subject property is described as Orangc County Assessor's parcel number 199-034-02. (c) The City has grunted thc following approvals for the subject property: o Variance 15-84 authorizing less than the required number of on- site parking spaces. o CUP 19-84 authorizing on-sale beer and wine sales in conjunction with a delicatcsscn restaurant. o CUP 22-84 authorizing thc establishmcnt of a take-out delicatessen restaurant. D Variancc 2-89 authorizing less than thc required number of on-site Plunning Commissioll ResolutIOn No. 0/- COlIC/itlOllol Use Permll 98-18, Illdejimte ExtensIOn /42 Mom Street, lIen/lessey's Tal'em July I I. 2001 parking spaees in conjunction with a new restaurant. o CUP 2-89 authorizing an on-sale general liquor liccnsc in conjunction with a new restaurant. [J CUP 92-13 authorizing a single, unamplified entertainer between 7:00 P.M. and 11 :00 P.M. daily. [J CUP 98-18 authorizing an interior remodel and a new outdoor dining area. CUP 98-18 contains a condition prohibiting live entertainment and supercedes CUP 92-13. (d) The land uses and zoning surrounding the subject property are as follows: NORTH Existing restaurant in the Main Strcct Specific Plan Zone. SOUTH & EAST Commercial retail businesses and restaurants in the Main Street Specific Plan Zonc. WEST Grace Brcthren Church in the Residential High Density (IUID) Zone. (e) Captain John SchacHer of the Seal Beach Police Department has rcviewed the application and noted that there has been no extraordinary demands for law enforcement at the subject property since the Applieant began operation. (f) Members of the public spoke both in favor and against the proposed rcquest. Section 5. Based upon substantial evidence, including but not limitcd to the facts containcd in the record and those stated in ~ 4 of this Resolution, and pursuant to ~~ 28-1251, 28-2503 and 28-2504 of thc City's Code, the Planning Commission makes the following findings: (a) A 6 month extension of Conditional Use Pennit 98-18, to enable the continued u~e of the outdoor dining area. is consistent with the intent and purpose and vision established for the Main Street Specific Plan. By adoption of Resolution No. 4677, the City Council determined that operation of an outdoor dining area at the subject property is consistent with the Main Strcct Specific Plan. (b) Thc continued use of the outdoor dining arca does not conflict with the Main Street Specific Plan's goal of establishing and maintaining a balanced mix of uses that scrve the needs of both local and non-local populations. The continued use of thc outdoor dining area in compliance with City Council Resolution No. 4677 is consistent with the Main Street Spccific Plan and compatiblc with the adjacent ncighborhood. (c) Thc continued use of the outdoor dining area in compliance with City Council Resolution No. 4677 contributes to the unique character of Main Street and the qualities that provide the Main Strcct Scnse of identity. (d) The applicant has failed to present substantial evidence supporting its rcquest to modify CUP 98-18's conditions prohibiting entertainmcnt without a special use permit and alcoholic beverages advertising visible outside the building. Entertainment on a regular basis, in the absence of a spccial use pennit, and advertising of alcoholic beverages visible outside the building, is inconsistcnt with the Main Street Specific Plan and is not compatible with the ncighborhood or adjacent uses. Aceordingly, the Commission hereby declines the applicant's request to delctc such conditions. (e) The Guinness beer mural on the inside wall of thc restaurant constitutes exterior advertising or alcoholic beverages, by viJ1ue of being directed to the exterior from within, given its location just inside the outdoor patio area and clear visibility from the sidewalk. 2 Plw/I1ing Commlss/oll ResolutIOn No. 01- ColltlitlOlIlIl Use Perl/III 98-18,ll1defimte ExtellslOn 142 MUIII Street. Ilenllessey's Tuvern July 11, 2001 Such mural violates condition #11 of CUP 98-18 and must be removed. Section 6. Based upon the foregoing, the Planning Commission hereby (i) approves a 6 month extension of CUP 98-18 and (ii) approves modification of Condition #9 of CUP 98-18 to allow opening at 7 AM on a daily basis. Section 7. This action shall be final and ctlcctive ten (10) calendar days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of the Code of the City of Seal Beach. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held 011 the 11lh day of Julv , 2001, by the following vote: AYES: Commissioners Hood, Cutuli, Brown, Ladner, Sharp NOES: Commissioners ABSENT: Commissioners ABST AJN: Commissioners L&/ David Hood, Ph.D. Chairman ofthc Planning Commission o 3