HomeMy WebLinkAboutBZA 154-467RESOLUTION B.Z.A. 154-467
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A MODIFICATION OF CONDITIONAL USE
PERMIT ON PROPERTY LOCATED AT 1018 HERMOSA AVENUE, 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 Hermosa Beach Commun-
ity Center, considered the request of Michael Lacey for a modification
of an existing conditional use permit to allow outside dining, on prop-
erty legally described as Lots 1,2,3, Block 35, 1st Addition to Hermosa
Beach Tract; and
WHEREAS, at said public hearing, the Board heard testimony from the
applicant that he proposes to enclose the front 7'10" area with a
block wall 8" wide and 40" high with planters on top to provide an
area for outside dining; and
WHEREAS, the proposed modified 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 grant an amended conditional
use permit to allow outside dining in addition to alcoholic beverages
for a comedy and magic club at 1018 Hermosa Avenue, subject to the
following conditions:
1. The business shall soundproof all walls.
2. Operators of the business must police the sidewalks which are dir-
ectly adjacent to the business for litter and maintain in a clean
and orderly manner on a daily basis.
3. No off-sale of any alcoholic beverage; no take-out of any alcoholic
beverage.
4. If, in the judgment of the Police Department, it is deemed neces-
sary, two policemen will be assigned as doormen at the business'
expense during hours of operation.
5. No more than 65% of total receipts of the entire business to be
alcohol beverage related.
6. Posting of a sign advising patrons of the illegality of open con~
tainers on public streets, sidewalks, Strand, and the beach.
7. No admission, or service of alcohol, to anyone on skates.
8. The outer doors are to be kept closed at all times when entertain-
ment is occurring.
9. Any changes to the interior layout of this establishment shall
require that it be returned to the Board of Zoning Adjustments, and
it shall revoke the conditional use permit if the new interiors are
not in the spirit of the original approval and permit.
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PAGE 2 -RESOLUTION B.Z.A. 154-467
1018 HERMOSA AVENUE
10. 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.
11. No dancing.
12. Maintain comedy/theatrical productions at least 50% of the time.
13. This conditional use permit is to be for only this current use as
defined in the present conditions; any change in use or non-,
observance of any condition of operation will be cause for revoc-
ation of the permit.
13. The City shall have th~ Fight during business hours upon 15 days
notice to inspect the books and records of the appliant to deter-
mine the .gross sales of admission and/or the gross sales of alco-
holic 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
Equalization 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 confid-
ential.
14. Hours of operation of the outside dining area shall be 7:00 a.m.
to 11:00 p.m.
15. A barrier is to be installed sufficient to prevent the passing
of drinks from inside to outside.
16. There is to be a six-month review period.
17. In the event that any one condition is fourid 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
VOTE:
is the opinion of the City Attorney that the conditions meet Con-
stitutional requirements with the possible exception of a pre-
emption problem with the personal application of the conditional
use permit to the applicant, 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 under
the Civil Rights Act as promulgated by recent Supreme Court decision.
AYES: Comms. DeBellis, Ebey, Merrill, Williams, Chmn. Moore
NOES: None
ABSENT: Comms. Cutler, Toth
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PAGE 3 -RESOLUTION B.Z.A. 154-467
1018 HERMOSA AVENUE
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-467 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_--=~--=--='-'-'--==.,...-.....;_/_....&-+-,-/$-"--"t:=-----1 __
CARLMOORE, CHAIRMAN