HomeMy WebLinkAboutPC Resolution 86-451 RESOLUTION P.C. 86-45
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND NEGA-
3 TIVE DECLARATION FOR THE SALE OF BEER AND WINE IN CONJUNCTION
WITH THE SALE OF 'GIFT BASKETS' AT 1014 AVIATION BOULEVARD.
4 WHEREAS, the Planning Commission held a hearing on this
5 matter on 17 August 1986, and made the following finding:
6 1. The project is consistent with applicable general and
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specific plans.
9 sion
NOW, THEREFORE, BE IT RESOLVED that the Planning Commis
does hereby approve a Conditional Use Permit and Negative
lO Declaration for the sale of beer and wine in conjunction with the
11 sale of 'gift baskets' at 1014 Aviation Boulevard subject to the
12 following conditions:
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The establishment shall not adversely affect the welfare of
the residents, and/or commercial establishments nearby.
A manager or clerk who is aware of the conditions of the Con
ditional Use Permit shall be on the premises during business
hours.
a. Manager shall be given a copy of the Conditional Use
Permit and shall acknowledge by signature that the Con
ditional Use Permit has been read and understood.
The Police Chief may determine that a continuing police prob
lem exists and may require the presence of a police-approved
doorman and/or security personnel.
Any violation of the conditions of approval and/or violation
of the Hermosa Beach Municipal Code may be grounds for a
public hearing for the revocation of the Conditional Use
Permit.
The exterior of the premises including parking areas shall be
maintained in aneat and clean manner at all times.
The Conditional Use Permit shall become effective after a
signed and notarized "Acceptance of Conditions" form has been
submitted to the Planning Department.
A Conditional Use Permit shall be recorded with the deed, and
proof of recordation shall be submitted to the Planning
Department.
The Planning Commission shall review the Conditional Use Per
mit and may amend the subject conditions or impose any new
conditions of approval deemed necessary to mitigate detrimen
tal effects on the neighboring properties resulting from the
subject use.
No alcoholic beverages shal 1 be opened or consumed on the
premises.
Beer and wine may be sold as part of 'gift baskets' only and
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not separately.
The Fire Department shall approve the amounts, heights, and
location of all stored materials.
Approval shall be obtained from the Los Angeles County Health
Department.
This permit is subject to review in six (6) months.
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 condi
tions meet the 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 cond iti ons is illegal and unenforceable,
and parties waive all rights to damages under the Civil
Rights Act as promulgated by recent Supreme Court decision.
This conditional use permit is issued exclusively for and so
long as the premises remain a gift shop, and gross sales
shall be as follows: not less than 50% non-alcoholic item
sales and not more than 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 non-alcoholic
items and alcoholic beverages. Upon request at the time the
City inspects the books and records of the applicant, 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 Equalization for
the purpose of verifying the applicant's books and records,
with the understanding that these reviews are confidential.
This conditional use permit is issued to Dennis Ranalli and
shall not be transferable to a new owner of the business or
of the property. A new owner may make application to the
Planning Commission for a new conditional use permit.
20 VOTE:
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AYES: Comms. Compton, Peirce, Rue, Schulte, Chmn.
Sheldon
NOES: None
ASTAIN: None
22 ABSENT:None
23 CERTIFICATION
24 I hereby certify that the foregoing Resolution P. C. 86-45 was
25 adopted by the Planning Commission of the City of Hermosa beach,
26 California at their regular meeting held on the 17th day of Sep-
27 tember 1986.
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Michael Schubach, Secretary
1 (o[?k-1 2 Date
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