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Home My WebLink AboutRES-91-5452 (CUP/3127 MAN. AVE/ALCOHOL)1 2 3 4 5 r, 8' 9 10 11 12 13 14 `r` 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 RESOLUTION 91-5452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW OFF -SALE GENERAL ALCOHOL AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION FOR 3127 MANHATTAN AVENUE, BOCCATO'S GROCERIES, AND LEGALLY DESCRIBED AS THE EASTERLY 20.15 FEET OF LOT 12 AND LOT 141 BLOCK 104, SHAKESPEARE TRACT. WHEREAS, the City Council held a public hearing on May 14, 1991, and June 11, 1991, to receive oral and written testimony regarding an appeal of the Planning Commission decision to grant a Conditional Use Permit request to authorize the sale of general alcohol, subject to conditions, and made the following findings: A. The sale of alcohol is being conducted in an existing establishment already licensed by the Department of Alcoholic Beverage Control; i B. The proposed alcohol 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 City Council of the City of Hermosa Beach, California, does hereby sustain the Planning Commission's decision to approve a Conditional Use Permit, to authorize the off -sale of general alcohol at 3127 Manhattan Avenue subject to the following: SECTION I Conditions of Approval: 1. The hours of operation shall be limited to between 6:00 A.M. and 2:00 A.M. daily. - 1 - 1 llftw� 2 3 4 `"MOP' 5 6 7 8 9 10 11 12 13 14 N"../ 15 16 17 18 19 20 21 22 23 24 25 26 27 � 28 2. The installed trash enclosure shall be maintained in sound condition. 3. The business shall provide adequate management and supervisory techniques to prevent loitering, unruliness, and boisterous activities of the patrons outside the business on the subject property. 4. A sign shall be posted conspicuously and prominently at all exits prohibiting loitering, littering and consumption of alcohol on the premises and 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 14111, shall be printed in a large type, permanently maintained, and shall be posted in visible locations. 5. An employee who is aware of the conditions of this conditional use permit shall be on the premises during business hours. a. The conditional use permit conditions shall be placed on the property in a location where employees can easily read) the conditions. 6. The floor plans shall be as shown on submitted plans and any changes to the interior which substantially alters the primary use permitted under the conditional use permit shall be subject to the review and approval of the Planning Director. Minor modification to the floor plans, including re -arrangement of shelving, displays, counters, or similar items within the market do not need review from the Planning Director. 7. The exterior of the premises shall be maintained in a neat and clean manner. 8. Individual containers of beer and wine, 16 ounces or less in size shall be packaged in clear bags or containers to make the contents of the container visible. 9. 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. 10. The conditional use permit shall be recorded, and proof of recordation shall be submitted with the planning department. - 2 - 1-ft�' `.ri 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 SECTION II 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. PASSED, APPROVED, and ADOPTED this 11th day of June, 1991, by: PRE IDENT of the City Council and MAYOR of the City of Hermosa Beach, California .--ATTE T: APPR VED AS TO FORM: c_ '.6' � z oze CITY -CLERK CITY ATTORNEY - 3 - ACTIVITY IDENTIt'1C;ATIC' 1. Location a. Address: 3127 Manhattan Avenue Easterly 20.15' of Lot 12 and all of Lot 14, Block 104, b. Legal: ShQkpg neare mra t \,480r2. Descri tion Conditiional Use Permit to ari& for off -sale general alcohol i 3. Sponsor a. Name: Frank Boccato b. Mailing Address: 3127.Manhattan Avenue, Hermosa Beach, CA 90254 Phone: (213) 376-0574 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements the California Environmental quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all* private projects proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental quality Act. This declaration is documentation of the review and, if it be- comes final, no comprehensive Enviromnental Impact Report is required -for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE Me have undertaken and completed an Environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, pr-G*ided the-attaehed mitigation me -s-- eve-s-are-in^' uded -in it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. '4/ /? / 1-17-91 Date of Finding Chkairman, Envitonmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa • Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, -d--—a-tta^hea M are chid^a in the pr 4a_c6t, it would not have a significant effect on the en- vironment. Documentation supporting this finding is on file in the Plann- ing Department. ' _ t k-0. (T� I CA. Date of Finding Chairman, Planning' Commission N%001/ _FINDING OF THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229,of the City Council of .Hermosa Beach, and find this project does not require a comprehensive En- `NwOvironmental Impact Report because, -proV aaa thy-ai--taah H3-- U."re a�a.:ludeA- in * r1r�.-;�, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. 0419 1t!V D to of Findinci i1i_1-•_�.��_ May6r, Hermosa Beach City Counci STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City Council of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 91-5452 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular meeting of said Council at the regular meeting place thereof on June 11, 1991. The vote was as follows: AYES: Creighton, Essertier, Sheldon, Wiemans, Mayor Midstokke NOES-: None ABSENT: None ABSTAIN: None DATED: June 25, 1991 lft ' 1 Deputy City Clerk