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HomeMy WebLinkAboutPC Resolution 86-11~ RESOLUTION P.C. 86-11 1 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. 3 5 6 7 8 9 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: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 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 1 2 3 6. 4 5 6 7 7 . 8 8. g 10 11 9. 12 13 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). 15 16 17 18 19 20 21 22 23 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. 24 VOTE: 25 AYES: Comms.Rue, Compton, Schulte,Chmn.Sheldon NOES: None 26 27 28 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. 4 &½~ 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Chuck Sheldon, Chairman Date Michael Schubach, Secretary