HomeMy WebLinkAboutBZA 154-458RESOLUTION B.Z.A. 154-458
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT FOR OPERA~.
TION OF A THEATER/AUDITORIUM ON PROPERTY LOCATED ·AT 1229
HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on April 19, 1982, in the Council Chambers of
the City Hall, considered the request of Mr. Barry Gott for permission
to operate a theater/auditorium with the following uses: 1) the showing
of films; 2) laser shows; 3) live music; 4) lectures; 5) stage plays;
6) dance exhibitions; and
WHEREAS, at said public hearing, the Board considered the proposed
request and neighboring uses; and
WHEREAS, the Board after this review determined the use was consistent
with both the zoning and general plan;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Zoning Adjustments
does hereby approve a conditional use permit to allow the operation of
a theater/auditorium for the above-listed uses at the Cove Theater,
subject to the following conditions:
1. That the hours of operation be limited to 9:00 a.m. to 12:00 mid-
night Sunday through Thursday and 9:00 a.m. to 2:00 a.m. on Friday
and Saturday nights, except that lectures may occur from 9:00 a.m.
to 2:00 a.m. any night.
2. That the building shall be maintained free of fire and safety
hazards as determined by City Fire Department and City Building
Department. This conditional use permit shall not be valid and
effective until present hazards, of which the City has notified
applicant in writing, have been abated.
3. That if a police problem is found to exist (as determined by the
Police Chief), doormen may be required to be present during all
operating hours. If the police problem continues, the City shall
have the option of installing two police doormen at the expense
of the owner of the business. Non-payment shall be ground for
revocation of this conditional use permit.
4. Chapter 19½ of the City Code entitled Noise Regulation shall be
complied with. Specifically, this conditional use permit is
not a permit to violate Section 19½-3 entitled Noise Limits.
5. Operator and owner shall be responsible for maintaining the area
adjacent to the theater in an orderly and neat manner, as well
as being responsible for the control of any lines so as not to
create a problem for pedestrians or motorists.
6. That this permit is subject to a four month review and at least
one year reviews thereafter.
7. This conditional use permit is to be for ohly this current use as
defined in the present conditions; any change in use or nonobserv-
PAGE 2 -RESOLUTION B.Z.A. 154-458
1229 HERMOSA AVENUE
ance of any condition of operation will be cause for revocation
of the permit.
8. In recognition that there is more than one facility inside the
building offering entertainment at the same time, it will be the
responsibility of the operator to control admission to individual
facilities where such .admission control is warranted such as an
X-rated or R-rated movie.
9. 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 1 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 determination that any one or more conditions is
illegal and unenforceable, and parties waive all rights to damages.
VOTE:
AYES: Comms. Cutler, Merrill, Toth, Chmn. Moore
NOES: None
ABSTAIN: . Comm. Ebey
ABSENT: Comms. DeBellis, Williams
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-458 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 19th day of April, 1982.
Date ----------------
NEAL C