HomeMy WebLinkAboutBZA 154-579-B (53 Pier Ave)RESOLUTION 154-579•8
111 A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF
HERMOSA BEACH, CALIFORNIA GRANTING A CONDITIONAL USE PERMIT
211 ON PROPERTY LOCATED AT 53 PIER AVENUE.
311 WHEREAS, the Board of Zoning Adjustments of the City of
411 Hermosa Beach, California, at a public hearing held on March 4,
511 1985 in the Council Chambers of the City Hall, considered the
611 request of Sa toshi Morikami, dba Paradise Sushi for a conditional
711 use permit for on-sale of beer and wine in conjunction with
811 the operation of a restaurant; and
911 WHEREAS, after due consideratiori the Board felt that the
101 I request was consistent with the zoning and general plan; and
1111 NOW/ THEREFORE, :;BE IT RESOLVED that the Board of Zoning
12 Adjustments does hereby approve a conditional use permit to
13 allow the on-sale of beer and wine in conjunction the operation
14 of a restaurant at property known as 53 Pier Avenue ~ubject to
15 the following conditions:
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Service of alcoholic beverages shall be in an establishment
that operates a full kitchen and provides a full menu
(complete lunches and/or dinners, with hot entrees) and
the primary purpose of the establishment i~ serv~6e of
food.
All alcoholic beverages shall be served with food and be
consumed on the premises, and a sign stating this condition
shall be posted in the restaurant.
Any changes to the interior layout of the establishment
shall require that it be returned to the Board of Zoning
Adjustments and it may revoke the conditional use permit
if the new interiors are not consistent with the original
approval.
Operators of the business must police the sidewalk and
parking lot which are directly adjacent of the business for
litter and maintain 'in a clean and orderly manner on a
daily basis.
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5. This conditional use permit is issued exclusively for and
so long as the premises remain a restaurant, which is
defined as having gross slaes of follows: not less than
65% food sales -35% beer and/or wine sales, computed
monthly. The City shall have the right during business
hours upon 15 days notice to inspect the books and records
of the applicant to determine the gross alcoholic beverages.
Upon request at the time the City inspects the books and
records of the applicant, the applicant shall also submit
to the City, copies of all records submitted to the str•te
Board of Equalization for purposes of computing sales tax.
Applicant also gives the City the right to review the records
of the State Board of. Equalization for the purpose, 1of
verifying the applicant's books and records, with the
understanding that these reviews are confidential.
6. Maximum permssible occupancy must be clearly posted at
all times amd m~y not be exceeded at any time. If the
Police and/or Fire Departments determine that the maximum
permissible occupancy is being violated, they may cite the
business and initiate a conditional use permit revocation.
7. That the number of tables shall not exceed building code
requirements with respect to aisles and exiting.
8. Chapter 19½ of the City Code entitled "Noise Regulation",
shall be compled with. Specifically, this conditional use
permit is not a permit to violate Section 19 2/3 entitled
"Noise Limits".
9. Hours of operation are limited to 11:00 a.m .. to 11;00 p.m.
Any expansion of hours is subject to Board of Zoning
Adjustment approval.
181110. There shall be a review six months following the
issuance of a certificate of occupancy. 19
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In the event that any one condition is found to be illegal
or unenforceable by a court of competent jurisdiction, then
the parties agree that all other conditions shall remain in
full force and effect. The parties understand that the
applicant is represented by counsel at all steps of those
proceedings and it is the opinion of the City Attorney that
the conditions meet Constitutional requirements and in the
event that either attorney is in error both parties agree
that no 'action for damage shall be brought against the other
party and that the exclusive remedy on behalf of the
applicant is for a Mandate of Declaratory Relief to make the
determination that any one or more co~ditions is illegal
and unenforceable, and parties waive all rights to damages.
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AYES:
NOES:
ABSENT:
Comms. Berardo, Williams, Chmn. Cutler
None
Comm. Corder, Moore
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-579.fS
was adopted by the Board of Zoning Adjustments of the City of
Hermosa Beach at a regular meeting held on the 4th Day of
March, 1985.
DATE C [t1 { ~{
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