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Home My WebLink AboutPC Res 05-09 - 2005-03-23 ORIG/~ A RESOLUTION OF THE PLANNING COMMISSION OF '4 ~ THE CITY OF SEAL BEACH DENYING CONDITIONAL USE PERMIT 05-1, A REQUEST TO ALLOW A NEW RESTAURANT, BAR, 35-SEAT OUTDOOR PATIO, SALE OF ALCOHOL FOR ONSITE CONSUMPTION, LIVE ENTERTAINMENT, THREE VIDEO GAMES AND ONE POOL TABLE AT 10 MARINA DRIVE. RESOLUTION NUMBER 05-9 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 8, 2004, John and Deanna Lewis, "the applicants," filed an applIcation with the Department of Development Services for ConditIOnal Use PermIt 05-1 for 1. Dee's Landing restaurant at 10 Marina Drive. Specifically, the applicants are requesting a restaurant in an eXIsting commercial building at 10 Marina Drive to be a full service restaurant, bar and 35-seat outdoor patio with the sale of alcohol for on-site consumption. Live entertainment is proposed inside the restaurant only. Three video games and one pool table are proposed m the restaurant Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the City's Local CEQA Guidelines, staff has determined as follows: The application for Conditional Use Permit No. 05-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301 (Existing Facilities), because the application is for alterations to existing buildings on a developed lot; ~ 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; and, 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 Planning CommIssion on March 23, 2005 to consider the application for Conditional Use Permit No. 05-1. Section 4. The record of the hearings on March 23, 2005 indicates the following: (a) On December 8, 2004, John and Deanna Lewis filed an application with the Department of Development Services for Conditional Use PermIt 05-1 for the J. Dee's Landing restaurant at 10 Marina Drive. (b) The applicants propose a restaurant in an existing commercial building at 10 Marina Drive. Specifically, the applicant proposes a full service restaurant, bar and 35-seat outdoor patio with the sale of alcohol for on-site consumption. Live entertainment is proposed inside the restaurant only. Three video games and one pool table are proposed in the restaurant. (c) The subject property is located at 10 Marina Drive, which is on the south side of Marina Drive at the foot of the bridge at the property known as Assessor Parcel Number 043-172-07. (d) On March 9, 2005, the Planning Commission conducted a public hearing and heard testimony regarding proposed Conditional Use Permit 05-1. (e) At the Planning Commission meeting held March 9, 2005, the Planning Commission directed staff to prepare a resolution with findmgs for denial for consideration at its next regularly scheduled meeting on March 23,2005. Page 10f3 Planning CommissIOn ResolutIOn No 05-09 ConditIOnal Use PermIt 05-1 - 10 Marina Drive March 23, 2005 (f) The surrounding land uses and zoning are as follows: NORTH Across Marina Drive, Riverbeach townhouses in the Residential High Density (RHD) zone SOUTH Vacant parcel known as the DWP Property situated between the San Gabriel River and First Street in the Specific Plan Regulations (SPR) zone EAST Across FIrst Street, single family residences in the Residential High Density (RHD) zone WEST Marina Bridge, the San Gabriel River and the City of Long Beach (g) The property at 10 Marina Drive is in the Service Commercial (C- 1) zone, which allows restaurant uses. (h) The Land Use Element of the General Plan designates the subject property as Service Commercial. The proposed uses of land set forth in this application conform to the General Plan land use designations and zonmg. (i) Components of this application which require approval of a Conditional Use Permit are: sale of alcohol for on-site consumption, outdoor dining, hve entertainment, and the proposed video games and pool table. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 28-1250; 28-1300; 28-2503 through 28-2504 of the City's Code, the Planning Commission hereby finds as follows: (a) Conditional Use Permit 05-1 is denied for a proposed restaurant, bar, 35-seat outdoor patio, sale of alcohol for onsite consumption, lIve entertainment, three video games and one pool table at 10 Marina Drive. (b) The proposed restaurant is in a Census Tract with an existing over- concentration of alcohol beverage outlets, which would be intensified with approval of a new restaurant with alcohol sales at this location. (c) The California Department of Alcoholic Beverage Control and the City of Seal Beach have established policies prohibiting the establishment of restaurants serving alcohol within 100' proximity to residences. The proposed restaurant is located within 100' of residences. (d) Proposed late evemng hours of operation, live entertainment, and outdoor patio seating for the proposed restaurant would be a source of noise to the nearby residential neighborhood. (e) There is significant neighborhood opposition to the proposed restaurant at this location. Concerns of noise, adequate parking, late evening hours of operation, traffic, and alcohol-related issues were stated at the Planning Commission public hearing held March 9, 2005. Section 6. Based upon the foregoing, the Planning Commission hereby denies Conditional Use Permit 05-1. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 23rd day of March 2005 by the following vote: AYES: Commissioners Shanks, Deaton, Roberts, and Sharp Page 2 of3 NOES: Commissioners None Planning Commlsszon Resolution No. 05-09 Condltzonal Use PermIt 05-1 - 10 Marina Drive March 23,2005 ABSENT: Commissioners None ABSTAIN: Commissioners Ladner Lee Whittenberg Secretary, Planning Commisso n CW~ Phil Ladner Chairperson, Planning CommissIOn **** Page 3 on