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HomeMy WebLinkAboutCC 91-5451 (3232 Manhattan Ave)·"'· . ~ 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 C L--(::; qo-IC:,, of2_ I/) -/Cf RESOLUTION NO. 91-5451 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, IN CONJUNCTION WITH A DELI & MINI-MARKET, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION FOR 3232 MANHATTAN AVENUE, "DAN I S LIQUOR", LEGALLY DESCRIBED AS LOT TWO, AND LOT FOUR, SHAKESPEARE TRACT. WHEREAS, the City Council held public hearings on May 14, and June 11, 1991, to receive oral and written testimony regarding an appeal of the Planning Commission decision to approve a Conditional Use Permit request, subject to conditions, to authorize the sale of general alcohol 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 as well as a mini-market & deli; B. The existing 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 and will protect the public health, safety and welfare; NOW, THEREFORE, the City Counc'il of the City of Hermosa Beach, California does hereby sustain the Planning Commission's decision to approve a Conditional Use Permit, to authorize the sale of general alcohol, at 3232 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. to 2:00 A.M. daily. 2. The business shall provide adequate management and supervisory techniques to pn~vent loitering, un·ruliness, and boisterous activities of the patrons on the premises. -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 3. A sign shall be posted conspicuously and prominently at each exit 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 14 11 , shall be printed in a large type, permanently maintained, and shall be posted in visible locations. 4. Exterior signs in disrepair (i.e. fading or peeling paint and/or rusted) shall be repaired and/or repainted and shall be maintained in good condition without damage of any sort, or, alternatively they shall be .removed. Any new or replacement signs would be subject to the provisions of the sign ordinance. 5. 6. 7. 8. 9. An employee who is aware of the conditional use permit shall be on business hours. conditions of this the premises during a. The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions. A landscape plan consistent with the original building plans, depicting the types and quantity of materials to be used on the site, shall be submitted for review and approval by the Planning Director. 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. The exterior of the premises including parking areas shall be maintained in a neat and clean manner. The trash container shall be enclosed by a 5' by 7' masonry enclosure with a view obstructing front gate. The location and design of the enclosure shali be reviewed and approved by the Planning Director. Other types of materials may be used if necessary where there is a lack of space. The parking spaces must meet the minimum dimension parking requirements of the zoning ordinance and shall be designed to not result in vehicles overhanging into the public right-of- way. A site plan depicting a revised parking layout shall be submitted for review and approval by the Planning Director. The parking stalls shall be striped consistent with the approved site plan. 11. 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 -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 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. , 12. 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. 13. The conditional use permit shall be recorded, and proof of recordation shall be submitted to the Planning Department. 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. and MAYOR of the Ci ty of Hermosa Beach, ATT~ST : -I (;' q/amifLL U4, ~ CTY CLERK / ATTORN EY p/ccrs3232 -3 - 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. 91-5451 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 1991. The vote was as follows: June 11, AYES: Creighton, Essertier, She~don, Wiemans, Mayor Midstokke NOES: None ABSENT: None ABSTAIN: None DATED: June 25, 1991