HomeMy WebLinkAboutPC Resolution 90-1011
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RESOLUTION P.C. 90-101
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 828
HERMOSA AVENUE, JAY'S MARKET, AND LEGALLY DESCRIBED AS LOTS 19
AND 20, TRACT 1564.
WHEREAS, the Planning Commission held a public hearing on
December 4, 1990, to receive oral and written testimony regarding
a Conditional Use Permit request to authorize the sale of beer
and wine and made. the following findings:
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 and with surrounding 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, BE IT RESOLVED that the Planning Commission
of 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 conven i enc e market, at 828 Hermosa Avenue,
subject to the following co n di t ions:
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 9:00 A.M.
and 11:00 P.M. daily.
3. A five (5) foot by seven (7) foot masonry trash enclosure
with view obscuring gates shall be pro v ided in a location
reviewed and approved by the Planning Dir ec t or.
4. 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.
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5. Signs shall 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 1 iquor 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.
6. An employee who is
conditional use permit
business hours.
aware of
shall be
the
on
conditions of this
the premises during
a. Al 1 management employees shal 1 be given a copy of the
conditional use permit and shall acknowledge by signature
that the conditional use permit has been read and
understood.
7. Any Adult magazine "R-Rated" display shall be located behind
the counter, not accessible to minors.
8. There shall be no sale of sexually explicit "X-Rated"
magazines, unless a conditional use permit is obtained, as
required by the Zoning Ordinance.
9. 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.
10. Clearly visible signs prohibiting loitering, littering,
consumption of alcohol on the premises shall be posted in
conspicuous location.
11. Measures shal 1 be taken to control loitering on the public
sidewalk at all times.
12. The exterior of the premises shall be maintained in a neat
and clean manner at all time.
13. All signs shall comply with the City Sign Ordinance. Window
sign shall not exceed a 20% coverage of the window areas.
14. Alcoholic beverages shall be sold only to individuals over 21
years of age.
15. Individual containers of alcohol shall be packaged in clear
bags or containers to make the contents of the container
visible.
16. Any violation of the conditions and/or violation
Hermosa Beach Municipal Code shall be grounds
immediate revocation hearing and/or citation.
17. The police chief may determine
problem exists and may require
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that a continuing
the presence of a
of the
for an
police
police
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approved doorman and/or security personnel paid by the
business.
18. Any changes to the exterior or interior design shall be
subject to review and approval by the Planning Director.
19. The business owner shall participate in the EASY program (End
Alcohol Sales to Youth). Participation to be verified and
monitered by the Police Department.
20. Prior to the conditional use permit being in effect, the
applicant shall submit to the planning department, a signed
and notarized "Acceptance of Conditions" form.
21. A conditional use permit shall be recorded with the deed, and
proof of recordat ion shal 1 be submitted with the planning
department.
22. 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.
23. 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,Marks,Peirce,Rue,Chmn.Ketz
None
None
None
CERTIFICATION
, 1 , 1 "l °:] 1 Date a/pcrs828
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