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HomeMy WebLinkAboutPC Resolution 90-202 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION P.C. 90-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, AS AMENDED, AND ENVIRONMENTAL NEGATIVE DECLARATION TO ALLOW OFF-SALE GENERAL ALCOHOLIC BEVERAGE AT 74 PIER AVENUE "ROBERT'S LIQUOR" AND LEGALLY DESCRIBED AS LOT 14, BLOCK 12, TRACT 4340, HERMOSA BEACH WHEREAS, the Planning Commission held a public hearing on January 3, 1990, to receive oral and written testimony regarding an application for a Conditional Use Permit, and on March 6, 1990, heard testimony regarding an amendment to the conditions established on January 3, 1990, and made the following findings: A. The sale of general alcoholic beverages is being conducted in an existing establishment already licensed by the Department of Alcoholic Beverage Control; B. The proposed use is compatible with surrounding uses; C. Strict compliance with the conditions of approval will mitigate any negative impact resulting from the issuance of the conditional use permit; D. Prohibiting the sale of single containers of beer as required in the original C.U.P. does not contribute significantly toward alleviating drinking and litter problems and would cause undue harm on the business; D. The proposed project is consistent with the General Plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California does hereby approve a Conditional Use Permit and Negative Declaration to allow the sale of general alcoholic beverages at 74 Pier Avenue subject to the following conditions: 1. The hours of operation shall be limited to 8:00 A.M. to 2:00 A.M. daily. 2. The establishment shall not adversely affect the welfare of residents, and/or commercial establishments nearby. -1 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 3. 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. 4. Alcoholic beverages shall only be sold to individuals over the age of 21 years old, and violations of this condition may result in revocation and /or a citation. 5. Signs shal 1 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 shal 1 be posted in visible locations. A minimum lettering size shall be established by the Planning Director and the Police Department and shall be utilized on the signs. 6. When single containers of beer are sold to customers they shall be placed in a clear package, allowing clear visibility of the product. 7 . An employee who is aware of the conditional use permit shall be on business hours. conditions of this the premises during a. All employees shall be given a copy of the conditional use permit and shall acknowledge by signature that the conditional use permit has been read and understood. 8. Adult magazine "R-Rated" shelf shall be located behind the counter, not accessible to minors. 9. There shall be no sale of sexually explicit "X-Rated" magazines, unless a conditional use permit is obtained, as required by the Zoning Ordinance. 10. There shall be no sale of sexually explicit "X-Rated" video tapes, unless a conditional use permit is obtained, as required by the Zoning Ordinance. 11. Clearly visible signs prohibiting loitering, littering, consumption of alcohol on the premises shall be posted in conspicuous location. 12. Measures shal 1 be taken to control loitering on the public sidewalk at all times. 13. The exterior of the premises shall be maintained in a neat and clean manner at all times. 14. The signs on the windows shal 1 comply with the City Sign Ordinance. -2 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 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 16. The police chief may determine that a continuing police problem exists and may require the presence of a pol ice approved doorman and/or security personnel paid by the business. 17. Any changes to the exterior or interior design shal 1 be subject to review and approval by the Planning Director. 18. Prior to the conditional use permit being in ef feet, the applicant shall submit to the planning department, a signed and notarized "Acceptance of Conditions" form. 19. A conditional use permit shall be recorded with the deed, and proof of recordation shall be submitted with the planning department. 20. 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. 21. This resolution supersedes P.C. Resolution 90-2 VOTE: AYES: NOES: ABSTAIN: ABSENT: Comms.Ketz,Moore,Rue,Chmn.Ingell Comm.Peirce None None CERTIFICATION I hereby certify the foregoing Resolution P. C. 90-20 is a true and complete record of the action taken by the Planning Commission of th c·ty of Hermosa Beach, Californ·a at their r,, __ -r-, ng ch 6 , 19 9 ';,---; / ,,,-;;.,:,:::;:;;;--:;.-' 1 1 Date A/pcrs74 -3 - V