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HomeMy WebLinkAboutPC Resolution 90-932 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. 90-93 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW OFF-SALE BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE MARKET, AND ADOPTION OF A ENVIRONMENTAL NEGATIVE DECLARATION FOR 2151 HERMOSA AVENUE,THE GREEN STORE, AND LEGALLY DESCRIBED AS A PORTION OF LOT 12,BLOCK 22, HERMOSA BEACH TRACT WHEREAS, the Planning Commission held public hearings on November 6, 1990, to receive oral and written testimony regarding a Conditional Use Permit request to authorize the sale of beer and wine: A. The sale of beer and wine is being conducted in an existing establishment already licensed by the Department of Alcoholic Beverage Control; B. The proposed use is compatible with surrounding commercial uses but is immediately adjacent to a residential and, therefore, making it necessary to restrict the hours of the commercial operation compatible with 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; NOW, THEREFORE, the City of Hermosa Beach, California does hereby approve a Conditional Use Permit, to authorize the sale of beer and wine in conjunction with a convenience market, at 2151HERMOSA Avenue, 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 7:00 A.M. and 11:00 P.M. 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. Signs shall be posted conspicuously and prominently at al 1 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 -1 -. 1 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 5. 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. An employee who is conditional use permit business hours. aware of shall be the on 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. 6. Adult magazine "R-Rated" display shall be located behind the counter, not accessible to minors. 7. There shall be no sale of sexually explicit "X-Rated" magazines, unless a conditional use permit is obtained, as required by the Zoning Ordinance. 8. 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. 9. Clearly visible signs prohibiting loitering, littering, consumption of alcohol on the premises shall be posted in a conspicuous location. 10. Measures shall be taken to control loitering on the public sidewalk at all times. 11. The exterior of the premises shall be maintained in a neat and clean manner at all times. 12. All signs shall comply with the City Sign Ordinance. 13. The "delicatessen" signs on the exterior which are rusting and unsightly shall repainted, and shall be in compliance with ordinance. of the building be replaced or the current sign 14. A 5' X 7' less than provided, required. masonry trash enclosure shall be provided of not five feet in height, a view obscuring gate shall be review and approval by the Planning Director is 15. The existing use of the garage area within the residential portion of the subject pro~erty in connection with the existing business use shall revert back ·-to use for residential parking and storage when -there is a substantial alteration -or modification or termination of the existing business use. 16. Alcoholic beverages shall be sold only to individuals over 21 years of age. -2 - 1 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 17. Individual containers of alcohol shall be packaged in clear bags or containers to make the contents of the container visible. 18. 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 19. 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. 20. Any changes to the exterior or interior design shall be subject to review and approval by the Planning Director. 21. Prior to the conditional use permit being in effect, the applicant shall submit to the planning department, a signed and notarized "Acceptance of Conditions 11 form. 22. A conditional use permit shall be recorded with the deed, and proof of recordation shall be submitted with the planning department. 23. 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. 24. 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,Peirce,Rue,Chmn.Ketz None None Comm.Ingell CERTIFICATION I hereby certify the foregoing Resolution P. C. 90-93 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California t their regular meeting of November 6, 1990. cJ //~ ~/7/ / 1 ~ ~ µ~-l3),,,,,~ ~ Christine KetZtl.ce Chairman Michael Schobac ", Secretary a/pcrs2151 -3 -