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HomeMy WebLinkAboutBZA 154-450RESOLUTION B.Z.A. 154-450 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 950 AVIA- TION BOULEVARD, HERMOSA BEACH, CALIFORNIA. WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach~ at a public hearing held on March 1, 1982 in the Clark Stadium Com- munity Building, considered the request of Mr. Eddie Talbot to operate an amusement game arcade on property located at 950 Aviation Boulevard, legally known as Lots 87-94, Tract 5650; and WHEREAS, at said public hearing, the Board heard testimony from the applicant that all of the proposed conditions were acceptable to him; ~d 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 950 Aviation Boulevard, sub- ject 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, food, or drink be sold or consumed, and there shall be no smoking on the premises. 3. Hours of operation ~hall not exceed 10:00 a.m. to 10:00 _-p i m~, and no one under the age of 16 will be permitted on the premises between the hours of 10:00 a.m. and 2:30 p.m. when public schools are in session. 4. The cashier's booth <shall be located so as to be visible from Aviation Boulevard for purposes of police protection. 5. The amusement machines are to be operated with tokens, and the machines' coin boxes cleared every night and placed on top of the machines. 6. That the operator .provide sufficient bicycle storage racks so as to adequately provide for the storage of bicycles utilized by patrons of the premises. 7. That a high intensity level of lighting shall be provided, layout to be approved by the Director of Building and Safety. 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-quty policemen be assigned to the premises at the business' expen~e'until it can be shown that no police problems exist. -Continued - PAGE 2 -RESOLUTION B.Z.A. 154-450 950 AVIATION BOULEVARD 9. Two ABC fire extinguishers shall be installed, one in the change booth and one in the bathroom. 10. Maximum pe-rmissible occupancy must be clearly posted at all times and may not be exceeded at any time. If the Police/Fire Depart- ments determine that the maximum permissible occupancy of the business is being violated, they may cite the business and initiate a conditional use permit revocation. ' I 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 Ntiis~tides .. Specifically, this conditional use permit is not a permit to violate Section 20-2 (a), (e), (h.1), (i), ( j) and ( j .1). 13. There will be a six month review and thereafter one or two year reviews. 14. This conditional use permit is to be for this current use a's defined in the present conditions; any change in use o:I::\ n0nob.ser- vance of any condition of operation will be cause for revocation of the permit. 15. 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 thtat either attor- ney 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 Declaratory Relief to make the determination that any one or more condition is illegal and unenforceable, and parties waive all rights to damages. 16. That this conditional use permit approval is subject to the granting of a variance on parking requirements. VOTE: AYES: Comms. DeBellis, Ebey, Toth, Williams, Chmn. Merrill NOES: Comm. Cutler ABSENT: Comm. Moore CERTIFICATION I hereby certify that the foregoing Resolution BZA 154-450 was adopted by the Boar of oning Adjustments of • ch at a regul '