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P. C. RESOLUTION 91-46
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 AN ENVIRONMENTAL NEGATIVE DECLARATION FOR 2641
MANHATTAN AVENUE, MI-T-MART, AND LEGALLY DESCRIBED AS ALL OF LOTS
4 & 5, AND A PORTION OF LOT 6, BLOCK 109, SHAKESPEARE TRACT
WHEREAS, the Planning Commission held a public hearing on
August 6, 1991, to receive oral and written testimony regarding a
Conditional Use Permit request to authorize the sale of beer and
wine, subject to conditions, 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 sale of beer and wine in conjunction with a
convenience market 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 Fermi t, to authorize the off-sale of beer and
wine in conjunction with a convenience market at 2641 Manhattan
Avenue, subject to the following:
SECTION I Standard Conditions of Approval:
1. The establishment shall not adversely effect the welfare of
the residents, and/or commercial establishments nearby.
2. The business shall provide adequate staffing, management and
supervisory techniques to prevent loitering, unruliness, and
boisterous activities of the patrons outside the business in
the parking areas.
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3. Clearly visible signs prohibiting loitering, littering, and
consumption of alcohol on the premises, and limiting the
parking period to a maximum of one (1) hour shall be posted
in the parking areas.
4. A sign shall be posted conspicuously and prominently at all
exits 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 and
permanently maintained.
5 . An employee who is
conditional use permit
business hours.
aware of
shall be
the
on
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.
6. Any changes to the interior which substantially alter the
primary use permitted under the conditional use permit shall
be subject to the review and approval of the Planning
Director and/or Planning Commissi~n. Minor modifications to
the floor plan, 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 including the parking area shall
be maintained in a neat and clean manner at all times.
8. Prior to the conditional use permit being in ef feet, the
applicant shall submit to . the planning department, an
"Acceptance of Conditions" form, signed by the PROPERTY
OWNER, and notarized.
9 . The conditional use permit shall be recorded, and proof of
recordation shall be submit~d with the planning depa~tment.
SECTION II Specific Conditions of Approval:
1. The establishment may remain open 24 hours daily.
2. The parking area shall be restriped consistent with the
standards of the zoning ordinance. A plan shall be submitted
for review and approval by the Planning Department. The
striping shall be completed within 60 days from the adoption
of this resolution.
3 . Preliminary landscape plans shall be submitted to
Planning Department for review within 60 days from
adoption of this resolution. Once a conceptual plan
approved, a final Landscape Plan indicating size, type
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quantity of plant materials shall be submitted back to the
Planning Department within 30 days for approval. Said
landscaping shall be implemented within 90 days of approval
of the final plan.
4. Signs shall be posted for each of the code-required
subterranean parking spaces stating that "Parking is reserved
for Mi-T-Mart employees and/or patrons only." These signs
shall be posted within 60 days from the adoption of this
resolution. In addition, Mi-T-Mart shall not lease these
spaces to any other businesses or residents. The size of the
signs shall be approved by the Planning Director.
S. All signs shall comply with the City Sign Ordinance. Window
and door s ignage shall not exceed 20% coverage of their
combined total area.
6. 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.
7. Any "R-Rated" Adult magazine displays 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. The abatement of graffiti shall be continuously maintained on
all portions of the lot.
10. All Health Department Regulations shall be complied with.
SECTION III
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.
SECTION IV
Any violation of the conditions of approval and/or violation of
the Hermosa Beach Municipal Code may be grounds for citation
and/or a public hearing for the revocation of the conditional use
permit.
The Planning Commission may review this 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.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Di Monda,Marks,Peirce,Chmn.Ketz
Comm.Stifano
None
None
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CERTIFICATION
I hereby certify that the foregoing Resolution P. C. 91-46 is a
true and complete record of the action taken by the Planning
Commission of the City of Hermosa Beach, Califo;.:-ni,a at heir
regular meeting of August 6, 1991. 1 7 {
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