HomeMy WebLinkAboutBZA 154-481RESOLUTION B.Z.A. 154-481
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A MODIFICATION OF AN EXISTING CONDI-
TIONAL USE PERMIT TO ALLOW OUTDOOR PATIO DINING ON PROPERTY
LOCATED AT 837 HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on August 16, 1982, considered the request of
Mr. John Bowler for a modification of an existing conditional use permit
for Fat Face Fenner's Falloon to allow outside patio dining, on prop-
erty legally described as Lot 17, Block 9; Hermosa Beach Tract; and
WHEREAS, at said public hearing, the Board heard testimony from the
applicant that the suggested conditions were acceptable to him; and
WHEREAS, at said public hearing, a letter was submitted by two residents
immeddately adjacent to subject property in support of the request, and
a letter signed by two residents was submitted in opposition to the
modification; 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
does hereby approve the conditional use permit modification to allow
outside patio dining at 837 Hermosa Avenue, subject to the following
conditions:
1. That the outside patio area not be used after 6:00 p.m ..
2. That the number of tables shall not exceed building code requirements
with respect to aisles and exiting.
3. That the business install a 6 ft. high solid wood fence {constructed
in such a manner that alleviates noise and that four 15-gallon
trees be planted) alongside the adjacent residential property.
4. That the proposed latticework be approximately 50% open and a mini-
mum of 6 ft. high around the remainder of the outside area to
allow high visibility for the Police Department, and that the
apertures in the latticework not be large enough to pass containers
through.
5. That the Owner has been .informed that this is not a street vacation
by the City; and that even if a court of competent jurisdiction
were to rule that this action is a vacation, the Owner would waive
any claim to rights of reversion and the Owner now waives any rights
to reversion on account of this conditional use permit.
6. That the Permittee first and the Owner second hold the City harmless
from liability on account of any activity enabled by this condi-
tional use permit.
7. That the Permittee promises to defend the City from any suits
claiming liability on the account of any activity enabled by this
conditional use permit and the Permittee indemnifies the City as
one of the insured in an amount suitable to the City Attorney.
-Continued -
PAGE 2 -RESOLUTION B.Z.A. 154-481
837 HERMOSA AVENUE
8. That this revision to the conditional use permit is revoked
automatically if an when the indemnification lapses; and that
this revision to the conditional use permit is revoked auto-
matically if and when the use of the City premises for dining
lapses for a period greater than 90 calendar days.
9. That the Board of Zoning Adjustments leaves to the City Council
the question of consideration in the encroachment permit.
10. That this revision to the conditional use permit shall not be
effective until the City Attorney has approved the resolution
as to form and approved the indemnification as to amount and as
to form; and uritil the Permittee and Owner (of the land) have
both signed the resolution.
11. That all of the conditions of the original conditional use permit
be reaffirmed with the following exceptions: Condition #8 shall
be deleted; Condition #2 shall be amended to read "If, in the
judgment of the Police Department, it is deemed necessary, police-
men will be assigned as doormen at the business' expense during
hours of operation"; Condition #6 shall be amended to read nThat
no beer and wine may be served to go. ''
12. Maximum permissible occupancy must be clearly posted at all times
and may not be exceeded at any time.
13. No recorded or amplified music is allowed on the patio.
14. 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.
15. There shall be a six month review.
VOTE:
AYES: Comms. Ebey, Toth, Williams, Chmn. Moore
NOES: None
ABSENT: Comms. Cutler, DeBellis, Merrill
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-481 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 16th day of August, 1982.
Date _ _,~..............,•~~C-"C· ~-/~__,_,--'--lq ............... k _'1...-__
CORALIE EBEY, TARY