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RESOLUTION B.Z.A. 154-490
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
✓-', ~ ___ OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT FOR OPERA-
TION OF AN AMUSEMENT ARCADE ON PROPERTY LOCATED AT 338 PACIFIC
COAST HIGHWAY, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on October 18, 1982 in the Council Chambers
of the City Hall, considered the request of Lenora S. Ammon to operate
an amusement game arcade on property located at 338 Pacific Coast
Highway, legally known as Lot 15, Hurd's Ocean View Tract; and
WHEREAS, at said public hearing, the Board heard testimony from the
applicant that the proposed conditions as revised during the hearing
were acceptable to her; and
WHEREAS, the proposed conditional use permit is in conformance with
the area's zoning and general plan designation;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Zoning Adjustments
of Hermosa Beach does hereby approve a conditional use permit for
operation of an amusement game arcade at 338 Pacific Coast Highway,
subject to the following conditions:
1. That adult supervision be present during all operating hours,
assuring that premises shall be managed in a clean and orderly
fashion. When more than 35 customers are present, two supervisors
must be present.
2. No alcoholic beverages shall be sold or consumed on the premises.
3. Hours of operation shall not exceed 10:00 a.m. to 10:00 p.m.,
and no one under the age of 16 will be permitted on the premises
between the hours of 10:00 a.m. and 2:00 p.m. when public schools
are in session.
4. The cashier's booth shall be located so as to be visible from
Pacific Coast Highway for purposes of police protection.
5. Amusement machine coin boxes are to be cleared every night and
placed on top of the machines.
6. The operator shall provide a minimum of 15 bicycles storage racks
so as to adequately provide for the storage of bicycles utilized
by patrons of the premises, and a sign posted in the front window
indicating bicycles parking in the rear only.
7. A high intensity level of lighting shall be provided in the inter-
ior, layout to be approved by the Director of Building and Safety,
and adequate lighting to be provided in rear parking area as
approved by the Building Department.
8. If there develops, in the opinion of the Chief of Police, a series
of police complaints indicating there is a problem he shall have
the right to require that two off=duty policemen be assigned to
the premises at the business' expense until it can be shown that
no police problems exist.
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PAGE 2 -RESOLUTION B.Z.A. 154-490
338 PACIFIC COAST HIGHWAY
9. Two ABC fire extinguishers shall be installed, one in the
change booth and one in the bathroom.
10. Maximum permissible occupancy must be clearly posted at all
times and may not be exceeded at any time. If the Police/Fire
Departments determine that the maximum permissible occupancy
of the business is being violated, they may cite the business
and initiate a conditional use permit revocation.
11. The operator .of the business may not permit noise or music
more than five decibels above the ambient to emerge from the
premises.
12. That all applicable ordinances of the City shall be complied
with, with special attention to Chapter 20 of the City Code
entitled Nuisances. Specifically, this conditional use permit
is not a permit to violate Section 20-2 (a), (e), (H.1), (i),
(j) and (j-1). Copy attached.
13. There will be a six month review and thereafter one or two year
reviews.
14.
f
15.
16.
This conditional use permit is to be for this current use as
defined in the present conditions; any change in use or nonobser-
vance of any condition of operation will be cause for revocation
of the permit.
In the event that any one condition is found to be illegal or
unenforceable by a court of competent jurisdiction, then the
parties agree that all other conditions shall remain in full
force and effect. The parties understand that the applicant is
represented by counsel at all steps of these proceedings and it
is the opinion of the City Attorney that the conditions meet
Constitutional requirements, and in the event that either attorney
is in error both parties agree that no action for damages shall be
brought against the other party and that the exclusive remedy on
behalf of the applicant is for a Mandate of Delcaratory Relief
to make the determination that any one or more conditions is
illegal and unenforceable, and parties waive all rights to damages.
THAT THIS CONDITIONAL USE PERMIT APPROVAL IS SUBJECT TO THE
GRANTING OF A VARIANCE ON PARKING REQUIREMENTS.
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-490 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 18th day of October, 1982.
~OORE, CHA I RMAN