HomeMy WebLinkAboutPC Res 02-36 - 2002-08-21
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RESOLUTION NUMBER 02-36
ORIGINAL
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH DENYING CUP NO. 01-9,
PRECLUDING THE SALE OF BEER AND WINE FOR ON
PREMISES CONSUMPTION AT 15 1st STREET (RIVER'S END
CAFE)
THE PLANNING COMMISSION OF THE CiTY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On July 26, 2001, Mike Balchin (the "Applicant") tiled an
application with the Department of Developmcnt Scrvices for Conditional Use Permit 01-9, for
the ability to sell beer and wine for on-premises consumption at 15 1 ST Street (River's End Cafe).
The application was deemed to be incomplete due to the applicant not having a valid leasc with
the City to operate the business at the site. After the applicant signcd a lease with the City for the
use of the building, the application was deemed complete and scheduled for hearing at the
,Planning Commission.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ lI.B of the
City's Local CEQA Guidelines, staff has dctcnnined as follows: The application for CUP 01-9
for the proposcd sale of beer and wine is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 Calif. Code of Regs. * 15305 (Minor
Alterations in Land Use Limitations), becausc the proposal involves a minor alteration in land
use limitation and docs not involve either a property in excess of 20% slope or a change in land
usc or density.
Section 3. A duly noticed public hearing was held before thc Planning
Commission on August 22, 2001, to consider the application for CUP 01-9. At the public
hearing, staff informcd the Commission that the applicant did not have a valid lease signed with
the City. Thc matter was tabled until such time as the applicant had a valid lcase and therefore a
complete application. After completion of the lease and approval by the City Council, the
applicant requested that the item be heard by thc Planning Commission. A duly noticed public
hearing was held before the Planning Commission on August 7, 2002. At the public hearing thc
applicant was in attendance, with persons appearing both in favor of and in oppOSItion to the
rcqucst.
Scction 4.
The record of the hearing of August 7, 2002 indicates the
following:
(a) On July 26, 2001, Mike Balchin submitted an application for CUP 01-9
with the Departmcnt of Development Services. The application was dccmcd incomplete due to
thc applicant not having a valid lease with the City to opcrate the business on City owned
property. Upon si!,rning a lease, the application was deemed complete and the item was
rescheduled for public hearing at the Planning Commission on August 7, 2002.
(b) Specifically, thc applicant is proposing to sell beer and Wille for on
premises consumption only.
(c) The subject restaurant contains approximately 868 sq. f1. There is also a,
1897 sq. ft. outdoor patio, and a 522 square foot covered patio.
(d) The subject property is described as Orange County Assessor's parcel
number 043-171-02.
(e) The surrounding land uses and zoning are as follows:
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. .
. .
Plannlllg CommlSsiOlI ResolutIOn 02-36
Condmonul Use Permit 01-9
15 First Street (River's End Cafe)
o EAST- Residential Housing in a Residential Low Density (RLD) zone commonly
rcfcrrcd to as the "Gold Coast."
o WEST- San Gabriel Rivcr & Long Beach Marina
o NORTH - Vacant property on the old Departmcnt of Water and Power site in the
DWP Spccific Plan Zonc
o SOUTH- Beach and Pacific Ocean in the Public Land Use/Recreation (PLU/R)
zone.
(g) Captain John Schaeffer of the Scal Beach police department said
that he has no objections regarding thc granting of this request.
Section 5. Based upon the facts contained in the record, including
those stated in ~4 of this rcsolutioll and pursuant to ~* 28-2002, 28-2503 and 28-2504 of
the City's Code, the Planning Commisl>ion finds:
o The building and propcrty at I5 I'I St. are not adequate in SIze, shape, topography
and location to meet the needs of the proposed use of the property. Due to the
nature of the restaurant and its proximity to the beach and surrounding residences,
as well as the configuration of the patio adjacent to the beach, the sale of alcoholic
beverages for on premises consumption at the site will be detrimental to the
surroundillg community.
Section 6. Based upon the foregoing, the Planning Commission
hcrcby denies Conditional Use Permit 01-9.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 21 ,t day of August, 2002, by thc following
vote:
AYES: Commissioners
Deaton, Hood, Shanks, and Sharp
NOES: Commissioners
Ladner
ABSENT: Commissioners
Ovid Hood, Ph.D.,
Chainnan of the Planning C
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