HomeMy WebLinkAboutBZA 154-472r •
RESOLUTION B.Z.A. 154-472
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT FOR THE
SERVICE OF BEER AND WINE AND OUTSIDE PATIO DINING ON PROP-
ERTY LOCATED AT 1014 HERMOSA AVENUE, HERMOSA BEACH, CALIF-
ORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on July 19, 1982, in the Council Chambers
of the City Hall, considered the request of Mr. Mike Kawasaki to allow
the service of beer and wine and outside patio dining in conjunction
with the operation of a restaurant, on property 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 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 Hermosa Beach does hereby approve a conditional use permit for the
service of beer and wine and outside patio dining in conjunction with
the operation of a restaurant on property located at 1014 Hermosa Ave.,
subject to the following conditions:
1. Full food service is to be available at all times.
2. No amplified music.
3. No off-sale alcoholic beverages allowed and no separate bar service
area.
4. Hours of operation to be no greater than 11:00 a.m. to 10:00 p.m.
unless otherwise approved by the Board of Zoning Adjustments.
5. Provision and maintenance of lanscaped planter along southerly
boundary and provision and maintenance of planter area under the
stairway.
6. Maintain at least a minimum three foot clear pathway to the restau-
rant at all times.
7. Provision of at least two trash receptacles in the outside dining
area, which shall be emptied regularly.
8. No encroachment of any dining _facilities or service on public
property and that outside service be limited to 12 people at any
one time.
9. The owner and operator shall be responsible for daily cleanup
and litter control of the outside dining area and the public
sidewalks directly adjacent to the site on both Hermosa Avenue
and 10th Street.
-Continued -
PAGE 2 -RESOLUTION B.Z.A. 154-472
1014 HERMOSA AVENUE
10. If, in the judgment of the Pol ice Department ., it is deemed
necessary, policemen will be assigned as doormen at the busi-
ness' expense during hours :of operation.
11. Posting of sign in the interior advising patrons of illegality
of open containers on sidewalks, streets, the Strand and the
beach.
12. 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 on the original approval and intent.
13. Maximum permissible occupancy must be clearly posted at all times
and may not be exceeded at any time.
14. 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 revoca-
tion of the permit.
15. There will be a six month review.
16. 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
VOTE:
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 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.
AYES: Comms. Cutler, DeBellis, Merrill, Williams, Chmn. Moore
NOES: None
ABSENT: Comms. Ebey, Toth
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-472 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 19th day of July, 1982.
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