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HomeMy WebLinkAboutBZA 154-455RESOLUTION B.Z.A. 154-455 A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT TO ALLOW OFF- SALE BEER AND WINE ON PROPERTY LOCATED AT 2699 PACIFIC COAST HIGHWAY, HERMOSA BEACH, CALIFORNIA. WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach, at a public hearing held on March 15, 1982, in the Council Chambers of the City Hall, considered the request of Mr. Amir H. Amiri for permis- sion to sell beer and wine in conjunction with the operation of a take- out pizza parlor, on property legally described as part of Lot A, Tract 1594; and WHEREAS, at said public hearing, the Board heard testimony from the applicant that all of the proposed conditions were acceptable to him; 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 the City of Hermosa Beach does hereby approve a conditional use permit for off-sale beer and wine in conjunction with the operation of a take- out pizza parlor at 2699 Pacific Coast Highway, subject to the following conditions: 1. That the cashier's counter be located so as to be visible from Pacific Coast Highway for the purposes of police protection. 2. That no alcoholic beverages may be opened or consumed on the premises. 3. Posting of sign advising patrons of the illegality of open containers on public streets and sidewalks or on these premises. 4. Maximum hours of operation to be 3:00 p.m. to 1:00 a.m. 5. Operator of the business must police the areas directly adjacent to the business for litter and maintain in a clean and orderly manner on a daily basis. 6. Sale of beer and wine shall be limited to orders accompanying food. 7. Subject to review in six months. 8. 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 repre- sented 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 Declaratory Relief to make the deter- mination that any one or more conditions is illegal and unenforce- able, and parties waive all rights to damages. -Conditions - PAGE 2 -RESOLUTION B.Z.A. 154-455 2699 PACIFIC COAST HIGHWAY VOTE: AYES: Comms. Merrill, Toth, Williams, Chmn. Moore NOES: Comms. Cutler, Ebey ABSENT: Comm. DeBellis CERTIFICATION I hereby certify that the foregoing Resolution BZA 154-455 was adopted by the Board of Zoning Adjustments of the City of Hermosa Beach at a regular meeting held on the 15th day of March, 1982.