HomeMy WebLinkAboutPC Resolution 91-02 - (400 PCH)1
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RESOLUTION P.C. 91-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
OFF-SALE GENERAL ALCOHOL AND ADULT VIDEO & MAGAZINE SALES AND
ADOPTION OF A ENVIRONMENTAL NEGATIVE DECLARATION FOR 400 PACIFIC
COAST HIGHWAY, COAST LIQUORS, AND LEGALLY DESCRIBED AS LOTS 1 AND
2, AND WESTERLY 16' OF LOT 3, HURD'S OCEAN VIEW.
WHEREAS, the Planning Commission held a public hearing on
January 2, 1991, to receive oral and written testimony regarding
a Conditional Use Permit request to authorize the sale of general
alcohol and adult video and magazine sales
A. The sale of alcohol is being conducted in an existing
establishment already licensed by the Department of Alcoholic
Beverage Control;
B. The proposed alcohol use is compatible with surrounding
commercial uses and with surrounding residential uses;
C. Strict compliance with the conditions of approval will
mitigate any negative impact resulting from the issuance of
the conditional use permit and will protect the public
health, safety, and welfare;
D. The city is preempted by law from prohibiting adult uses, but
may impose regulations;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California, does hereby approve a
Conditional Use Permit, to authorize the sale of alcohol at 400
Pacific Coast Highway subject to the following conditions:
1. The establishment shall not adversely affect the welfare of
residents, and/or commercial establishments nearby.
2. The hours of operation shall be limited to between 7:30 A.M.
and 12:00 A.M. Sunday through Thursday, and from 7:30 A.M. to
2:00 A.M. on Fridays and Saturdays.
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3. A masonry trash enclosure 5' by 7' in size with view
obscuring gates shall be provided in a location reviewed and
approved by the Planning Director.
4. The business shall provide adequate management and
supervisory techniques to prevent loitering, unruliness, and
boisterous activities of the patrons outside the business or
in the immediate area.
5. Signs shall be posted conspicuously and prominently at all
exits and all check-out stands warning patrons who purchase
any and all types of alcoholic beverages that "possession
and/or . consumption of alcoholic beverages in any public
sidewalk, parking lot, beach, and/or any public place is
prohibited by law and subject to citation and fine. The City
of Hermosa Beach vigorously enforces its liquor laws" Said
signs shall be at least 12" X 14", shall be printed in a
large type, permanently maintained, and shall be posted in
visible locations.
6. An employee who is
conditional use permit
business hours.
aware of
shall be
the
on
conditions of this
the premises during
a. Al 1 management employees shal 1 be given a copy of the
conditional use permit and shall acknowledge by signature
that the conditional use permit has been read and
understood.
7. Adult Video and magazine sales shall be limited to 10% of the
total sales of the business and all other forms of adult
paraphernalia novelties , etc shall be prohibited.
8. The floor plans shall be shown on submitted plans and any
changes to the interior shall be subject to the review and
approval of the Planning Director: Plans shall be submitted
within thirty days of the Planning Commission approval, and
subject to final approval by the Director of Planning.
a. The area designated for adult videos shall be partitioned
off and accessible only to adults, and an over eighteen years
of age sign shall be conspicuously located at the entrance to
the designated adult area.
b. The store shall be managed in a manner that anything
illegal for a minor to view shall not be displayed from an
area a minor could view such objects.
9. Any violation of the conditions for approval and/or violation
of Hermosa Beach Municipal Code may be grounds for the
issuance of a citation or public hearing for revocation of
the Conditional Use Permit.
10. Sign copy, including window signs, shall be limited to
alcohol advertising and the general sales materials. No video
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sales marquis, signs or individual video advertisements may
be displayed except in the restricted area of sales.
a. All sign copy shall be subject to review and approval by
the Planning Director for compliance.
b. Window display of adult , X-rated, materials or
corollary materials shall be prohibited.
c. Window signage shall not exceed a 20% coverage of the
window areas.
11. A manager or
conditional use
business hours.
clerk who
permit
is
shall
aware
be on
of conditions
the premises
a. No home delivery of videos or magazines.
of the
during
12. Measures shall be taken to control loitering on the public
sidewalk at all times.
13. The exterior of the premises shal 1 be maintained in a neat
and clean manner at all time.
14. Alcoholic beverages shall be sold only to individuals
years of age, or older.
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15. Individual containers of alcohol shall be packaged in clear
bags or containers to make the contents of the container
visible.
16. The business owner shall participate in the EASY program (End
Alcohol Sales to Youth). Participation to be verified and
monitored by the Police Department.
17. Any violation of the conditions and/or violation
Hermosa Beach Municipal Code shall be grounds
immediate revocation hearing and/or citation.
of the
for an
18. Any changes to the exterior or interior design shall be
subject to review and approval by the Planning Director.
19. Prior to the conditional use permit being in effect, the
applicant shall submit to the planning department, a signed
and notarized "Acceptance of Conditions" form.
20. A conditional use permit shall be recorded with the deed, and
proof of recordation shal 1 be submitted with the planning
department.
21. The Planning Commission may review the conditional use permit
and may amend the subject conditions or impose any new
conditions if deemed necessary to mitigate detrimental
effects on the neighborhood resulting from the subject use.
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22. Each of the above conditions is separately enforced, and if
any of the conditions of approval is found to be invalid by a
court of law, all the other conditions shall remain valid and
enforceable.
VOTE: AYES:
NOES:
ABSTAIN:
AbSENT:
Comms.Aleks,Marks,Peirce,Rue,Chmn.Ketz
None
None
None
CERTIFICATION
Date a/pcrs4OO
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