HomeMy WebLinkAboutBZA 154-466RESOLUTION B.Z.A. 154-466
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A MODIFICATION TO A CONDITIONAL USE
PERMIT TO ALLOW SERVICE OF GENERAL ALCOHOLIC BEVERAGES IN CON-
JUNCTION WITH THE OPERATION OF A RESTAURANT AT 2701 PACIFIC
COAST HIGHWAY, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on June 29, 1982, at the Community Center,
considered the request of Mr. Charles Lehman, Courtney Foods, Inc.,
to allow the service of general alcoholic beverages in conjunction
with the operation of a restaurant; on property legally described as
Part of Lot A, Tract 1594; and
WHEREAS, at said public hearing, the Board considered the proposed
modification and neighboring uses, and
WHEREAS, the Board after this review felt the modification was consis-
tent with interests of the City, and that it is consistent with both
zoning and general plan,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Zoning Adjustments
does hereby approve a modification of a conditional use permit to
allow service of general alcoholic beverages in conjunction with the
operation of Courtney's Restaurant, subject to the following conditions:
1. Service of alcoholic beverages shall be in an establishment that
operates a full kitchen and provides a full menu (complete lunches
and/or dinne~s with hot entrees) and the primary purpose of the
establishment ·is the service of food.
2. Alcoholic beverages shall be served in permanent glass containers
only.
3. All alcoholic beverages shall be consumed on the premises, and none
may be taken out.
4. No expansion of the approved hours of service (11 a.m. to 12 p.m.)
without Board of Zoning Adjustments approval and subsequent to
notification and approval of the Department of Alcoholic Beverage
Control.
5. Approval by the Building Department of all exterior modifications
and signing.
6. If the Police Chief determines a continuing police problem to
exist at the business he may require the presence of a police-
approved doorman.
7. This conditional use p e rmit is to be for only this current use as
defined in the present conditions; a ny change in use or nonobserv-
ance of any condition of operation will be cause for revocation
of the permit.
8. The grounds of the business and parking lot shall be maintained
in a clean and neat manner at all times.
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PAGE 2 -RESOLUTION B.Z.A. 154-466
2701 PACIFIC COAST HIGHWAY
9. This conditional use permit is issued exclusively for and so
long as the premises remain a restaurant, which is defined as
having gross sales as follows: 50% food sales -50% alcoholic
beverages, averaged on three (3) month receipts. The applicant
shall maintain separate books and records identifying sales of
food/alcoholic beverages. The City shall have the right during
business hours upon 15 days notice to inspect the books and
records of the applicant to determine the gross sales of food
and/or the gross sales of alcoholic beverages. Food shall
include the sale of beverages other than alcoholic beverages.
Upon request at the time the City inspects the books and records
of the applicant, the applicant shall also submit to the City
copies of all records submitted to the State Board of Equaliza-
tion for purposes of computing sales tax. Applicant gives the
right to the City to review the records of the State Board of
Equalization for the purposes of verifying the applicant•s books
and records, with the understanding that these reviews are con-
fidential.
10. There shall be a six-month review, with one year review there-
after.
11. 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 dam-
ages shall be brought against the other party and that the
exclusive remedy on behalf of the applicant is for a Mandate
VOTE:
of Declaratory Relief to make the determination that any one or
more conditions is illegal and unenforceable, and parties waive
all rights to damages.
AYES: Comms. DeBellis, Ebey, Merrill, Williams, Chmn. Moore
NOES: None
ABSENT: Comms. Cutler, Toth
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-466 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 29th day of June, 1982.
Date ----------------
CARG MOORE, CHAIRMAN
TONY DEBELIIS, ACTING SECRETARY
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CERTIFICATION
I hereby certify that the foeegoing Resolution BZA 154-506 was adopted
by the Board of Zoning Adjustments os the City of Hermosa Beach at a
regular meeting held on the 2nd day of May 1983.
!d/4! ~5
DATE l
CARL~