HomeMy WebLinkAboutPC Res 02-20 - 2002-05-08
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RESOLUTION NO. 02-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE'
CITY OF SEAL BEACH APPROVING CUP 98-18 (INDEFINITE
EXTENSION) . ALLOWING CONTINUED USE OF A
PREVIOUSLY APPROVED OUTDOOR DINING AREA
(HENNESSEY'S TAVERN)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On March 27, 2002, Hennessey's Tavern Inc. (the "Applicant") filed
an application with the Department of Development Services for an indefinite extension 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.
Section 2. Pursuant to the California Environmental Quality Act ("CEQA"), the
state CEQA guidelines and the City's local CEQA guidelines, staff has detennined that the
application is categorically exempt from CEQA review pursuant to: state guidelines Section
15301 because the proposal consists of the continued operation of an existing private facility and
involves no expansion of use; and because the environmental impacts associated with outdoor
dining area were evaluated at the time the City undertook enviromnental analysis of the Main
Street Specific Plan and determined there would be no adverse environmental impacts, thereby
adopting Negative Declaration 96-2.
Section 3. A duly noticed public hearing was held before the Planning
Commission on May 8, 2002 to consider the application. At the public hearing, the applicant
spoke in favor of the request and members of the public appeared both in favor of and in
opposition to the request.
Section 4. The record of the May 8, 2002 hearing indicates the following:
(a) On March 27,2002 the Applicant filed an application with the Department
of Development Services for an indefinite extension and amendment of CUP 98-18. The
existing use is a full service restaurant offering an assortment of food, non-alcoholic beverages,
beer, wine and distilled spirits.
(b) The subject property contains approximately 8,813 square feet and is
located at the southwesterly corner of Main Street and Central Avenue. The subject property is
described as Orange County Assessor's parcel number 199-034-02.
(c)
The City has granted the following approvals for the subject property:
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Planning Commission Resolution No. 02-20
Conditional Use Penn it 98-18, Indefinite Extension
142 Main Street, Hennessey's Tavern
May 8, 2002
Variance 15-84 authorizing less than the required number of on-
site parking spaces.
CUP 19-84 authorizing on-sale beer and wine sales in conjunction
with a delicatessen restaurant. ,
CUP 22-84 authorizing the establishment of a take-out delicatessen
restaurant.
Variance 2-89 authorizing less than the required number of on-site
parking spaces in conjunction with a new restaurant.
CUP 2-89 authorizing an on-sale general liquor license in
conjunction with a new restaurant.
CUP 92-] 3 authorizing a single, unamplified enteliainer between
7:00 P.M. and 11:00 P.M. daily.
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.
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(d) The land uses and zoning surrounding the subject property are as follows:
NORTH
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
(RHD) Zone.
(e) Captain John Schaeffer of the Seal Beach Police Department has reviewed
the application and noted that there has been no extraordinary demands for law enforcement at
the subject property since the Applicant began operation.
(f) Members of the public spoke both in favor and against the proposed
request.
Section 5. Based upon substantial evidence, including but not limited to the facts
contained in the record and those stated in S 4 of this Resolution, and pursuant to SS 28-1251,
28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following
findings:
(a) An indefinite extension of Conditional Use Pennit 98-18, to enable the
continued use 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 detennined that operation of an outdoor dining area at the subject property is consistent
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Planning Commission Resolution No. 02-20
Conditional Use Permit 98-18, Indefinite Extension
142 Main Street, Hennessey's Tavern
May 8,.2002
with the Main Street Specific Plan.
(b) The continued use of the outdoor dining area does not conflict with the
Main Street Specific Plan's goal of establishing and maintaining a balanced mix of use~ that
serve the needs of both local and non-local populations. The continued use of the outdoor
dining area in compliance with City Council Resolution No. 4677 is consistent with the Main
Street Specific Plan and compatible with the adjacent neighborhood.
(c) The 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 Street Sense of identity.
Section 6. Based upon the foregoing, the Planning Commission hereby (i)
approves an indefinite extension of CUP 98-18, subject to all previously approved conditions
through City Council resolution 4677, with a previously approved modification to condition #9,
allowing the restaurant to open at 7 AM daily.
Section 7. This action shall be final and effective ten (10) calendar days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk in
accordance wi~h the provisions of the Code of the City of Seal Beach.
PASSED, APPROVED AND ADOPTED by the Planning COlmnission of the City of
Seal Beach at a meeting thereof held on the 8th day of May, 2002, by the following vote:
AYES: COlmnissioners
Hood, Cutuli, Sharp, Brown, ladern
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
David Hood, Ph.D.
Chainnan of the Pia ing Commission
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Planning Commission Resolution No. 02-20
Conditional Use Permit 98-18. Indefinite Extension
142 Alain Street, Hennessey's Tavern
May 8, 2002
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