HomeMy WebLinkAboutBZA 154-591 (1332 Hermosa Ave)C ~,
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RESOLUTION BZA 154-591
A RESOLUTION OF THE BOARD ZONING ADJUSTMENTS OF THE CITY OF HER-
MOSA BEACH, CALIFORNIA, GRANTING A MODIFICATION OF A CONDITIONAL
USE PERMIT ON PROPERTY LOCATED AT 1332 HERMOSA AVENUE, HERMOSA
BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of
Hermosa Beach, California, at a public hearing held on May 6,
1985 in the Council Chambers at City hall, considered the request
of Mr. T.K. Hsu for modification of C.U.P. B.Z.A.154-556 which
allowed for beer and wine service in conjuction with a res-
taurant.Said modification to allow for outside dining and a
reconfiguration of the interior layout of the restaurant at prop-
erty legally described as Lots 10, 11, and 12, Block 34, First
Addtion to Hermosa Beach; and
WHEREAS, after this review the Board determined that the
request is consistent with the zoning and general plan; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Zoning
Adjustments does hereby approve a conditional use permit to allow
the sale of beer and wine in conjunction with the opeation of a
restaurant subject to the following conditions:
1. Service of alcoholic beverages shall be in an establishment
that operates a full kitchen and provides a full menu (com-
plete lunches and/or dinners, with hot entrees) and the
primary purpose of the establishment is service of food.
2. All alcoholic beverages shall be consumed within the premises
and sold only in conjunction with food.
3. Posting of signinside advising illegality of open containers
on public streets, sidewalks, Strand and beach.
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4 . If, in the judgement of the Police Department, it is deemed
necessary, policemen will be assigned as doormen at the busi-
ness' expense during hours of operation.
5. Operators of the business must police the sidewalks which
ared directly adjacent to the business for litter and main-
tained in a clean and orderly manner on a daily basis.
6. Any changes to the interior design of the establishment shall
required that it be returned to the Board of Zoning Ad-
justmentssiness; expense during hours of operation.
7. Maximum permissible occupancy must be clearly posted at all
times and may not be exceeded at any time. If the Police
and/or Fire Departments determine that the maximum permis-
sible occupancy of the building is being violated, they may
cite the business and initiate a conditional use permit
revocation.
8. Hours of operation shall be from 8:00 a.m. to 11:00 p.m. all
days except Friday and Saturday at which time the hours of
operation shall be from 8:00 A.M. to 12:00 A.M.
9. This conditional use permit is issued exclusively for and so
long as the premises remain a restaurant, which is defined as
having gross sales as follows: not less than 65% food and
35% beer and/or wine sales computed monthly. The applicant
shall maintain separate books and records identifying sales
of food/alcoholic beverages. 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
sales of food and/or the gross sales of alcoholic beverages.
Upon request at the time the City inspects the books and
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records of the applicant, the applicant shall also submit to
the City copies of all records submitted to the State Board
of Equalization for purposes of computing sales tax. Appli-
cant gives the right to the city to review the records of the
State Board of Equalization for the purposes of verifying the
applicant's books and records, with the understanding that
these reviews are confidential.
10. This conditional use permit is to be for this current use as
defined in the present conditions; any change in use or non-
observance of any condition of operation will be cause for
revocation of the permit.
11. There will be a rour month review and hereafter one or two
year reviews.
12. In the event that any one condition is found to be illegal
and unenforceable by a court of competent jurisdiction, then
the parties agree that all other conditions shall remain in
full force and effect. The parties undertand that the appli
cant is represented by counsel at all steps of these proceed
ings and it is the opinion of the City Attorney that the con
ditions meet Constitutional requirements, and in the event
that either attorney is in error both parties agree that no
action for damages 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 determinatio
that any one or more conditions is illegal and unenforceable
and parties waive all rights to damages under the Civil
Rights Act as promulgated by recent Supreme Court decision.
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13. A fence or wall of 42" in height shall be installed to clear
ly separate the outside dining area from the public sidewalk
AYES: Cornms. Berardo, Williams, Chmn. Moore
NOES: Comm. Cutler
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-590 was
adopted by the Board of Zoning Adjustments of the City of Hermes
Beach at a regular meeting held on the 6th day of May, 1985.
tlui~ DATE
NEA L CUT::W~i
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