HomeMy WebLinkAboutBZA 154-485RESOLUTION B.Z.A. 154-485
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 IN CONJUNCTION WITH A RESTAURANT
LOCATED AT 50A PIER AVENUE, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on September 20, 1982, in the Council Chambers
of the City Hall, considered the request of Mr. Manuel J. Mendez to
allow :the service of beer and wine in conjunction with the operation
of a restaurant, on property legally _described as Lots 9 and 10,
Block 12, 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;
~d
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 in conjunction with the operation of a restau-
rant on property located at 50A Pier Avenue, 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 dinners, with hot entrees) and the primary purpose of the
establishment is service of food.
2. All alcoholic beverages shall be consumed within the premises.
3. Posting of sign inside advising illegality of open containers on
public streets, sidewalks, Strand and beach.
4. Provide screens on exterior openable windows to insure no pass
thru of alcoholic beverages.
5. Any changes to the interior layout of the establishment shall
require that it be returned to the Board of Zoning Adjustments,
and it may revoke the conditional use permit if the new interiors
are not consistent with the original approval.
6. Adequate trash containers shall be provided by owner of business.
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.
7. 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: not-less than 65% food sales -35% beer
and/or wine sales computed monthly. 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 good
and/or the gross sales of alcoholic beverages. Upon request at
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PAGE 2 -RESOLUTION B.Z.A. 154-485
50A PIER AVENUE, HERMOSA BEACH
the time the City inspects the books and records of the appli-
cant, 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 Equaliza-
tion for the purposes of verifying the applicant's books and
records, with the understanding that these reviews are confid-
ential.
8 . Maximum permissible occupancy must be clearly posted at all
times and may not be exceeded at any time. If the Police and/or
Fire Departments determine that the maximum permissible occupancy
of the building is being violated, they may cite the business and
initiate a conditional use permit revocation.
9. No admission, or service of alcohol, to anyone on skates.
10. There shall be a six month review.
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 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. Ebey, Toth, Williams~ Chmn. Cutler
NOES: None
ABSENT: Comm. Merrill, Chmn. Moore
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-485 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 20th day of September, 1982.
Date ----------------
G CHA I RMAN
SECRETARY