HomeMy WebLinkAboutPC Resolution 86-11~
RESOLUTION P.C. 86-11
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA 2 BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE
SALE OF GENERAL ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE
OPERATION OF A RESTAURANT AT 807 TWENTY-FIRST STREET, KNOWN AS
4 JEANETTE'S.
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WHEREAS, the Planning Commission held a public hearing on
this matter on February 4, 1986 and made the following findings:
1. The project is cons is tent with the Zoning Ordinance and the
General Plan.
lO NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
ll of the City of Hermosa Beach does hereby approve a Conditional
12 Use Permit for the sale of general alcoholic beverages in con-
13 junction with the operation of a restaurant at 807 -21st Street
14 subject to the following conditions:
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Service of alcoholic beverages shall be in an establishment
that operates a full kitchen and provides a full menu (com
plete lunches and/or dinners, with hot entrees) and the
primary purpose of the establishment is service of food.
All alcoholic beverages shall be consumed on the premises.
Revised floor plans of the entire establishment shall be sub
mitted for approval by the Planning Director. Said plans
shal 1 accurately depict the proposed service bar and shal 1
not include any seated bar area for use by restaurant
patrons. Any other future changes to the layout of the es
tablishment shall require Planning Commission approval.
Operators of the business must police the sidewalk and park
ing lot which are directly adjacent to the business for lit
ter and maintain in a clean and orderly manner on a daily
basis.
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 that 50% food sales
-50% alcoholic beverage sales computed quarterly. 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 food and/or the gross sales of
alcoholic beverages. Upon request at the time the City in-
spects the books and record of the applicant, the applicant
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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 pur
pose of verifying the applicant's books and records, with the
understanding that these reviews are confidential.
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 permis
sible occupancy of the building is being violated, they may
cite the business and initiate a conditional use permit
revocation.
The number of tables shall not exceed building code require
ments with respect to aisles and exiting.
Chapter 19 1/2 of the City Code entitled Noise Regulation
shall be complied with. Specifically, this conditional use
permit is not a permit to violate Section 19 1/2 entitled
Noise Limits.
Hours of operation are limited to the following:
Monday through Thursday -11:00 a.m. to 10:00 p.m.
Friday and Saturday -11:00 a.m. to 12:00 midnight
Sunday -10:00 a.m. to 9:00 p.m.
14 10. There shall be a review in six months (August 4, 1986).
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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 this proceeding 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
damage 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.
12. Valet parking shal l be provided during hours of evening
operation those being from 5:30 p.m. on, for all days of
operation.
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AYES: Comms.Rue, Compton, Schulte,Chmn.Sheldon
NOES: None
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ABSENT: Comm.Peirce
ABSTAIN: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 86-11 is a
1 true and complete record of the action taken by the Planning Com-
2 mission of the City of Hermosa Beach, California at their regular
3 meeting of February 4, 1986.
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Chuck Sheldon, Chairman
Date
Michael Schubach, Secretary