HomeMy WebLinkAboutBZA 154-593 (37 14th St),I ,.
..,, ~· RESOLUTION BZA 154-593
A RESOLUTION OF THE BOARD ZONING ADJUSTMENTS OF THE CITY OF HER-
l llMOSA BEACH, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT ON
2 ,.PROPERTY LOCATED AT 37 14th STREET, HERMOSA BEACH, CALIFORNIA.
3 WHEREAS, the Board of Zoning Adjustments of the City of
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Hermosa Beach, California, at a public hearing held on May 6,
1985 in the Council Chambers at City Hall, considered the 5
request of P. Christopher Montoya for a conditional use permit 6
7 for outside dining and the sale of beer and wine in conjunction
8 with the operation of a restaurant located at 37 14th Street,
11legally described as lot 33, block 15, Hermosa Beach Tract; and g
10 WHEREAS, after this review the Board determined that
11 11the request is consistent with the zoning and general plan;
12 NOW, THEREFORE, BE IT RESOLVED that the Board of Zoning
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Adjustments does hereby approve a conditional use permit to al-
14 low the sale of beer and wine in conjunction with the operation
15 11of a restaurant subject to the following conditions:
16 1. Service of alcoholic beverages shall be in an es-
17 1(ablishment that operates a full kitchen and provides a full
181 1menu (com.p'f ete lunches and/or dinners, with hot entrees) and the
19 1~rimary purpose of he establishment is service of food.
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Alcoholic beverages shall be served in permanent glass con-
tainers only.
All alcoholic beverages shall be consumed on the premises
and none may be taken out.
Hours of operation to be from 7:00 a.m. to 9:00 p.m.
No admission, or service of alcohol, to anyone on skates.
If, in the judgement of the Police Department, it is deemed
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necessary, two policemen will be assigned as doormen at the
business' expense during hours of operation.
Posting of sign inside advising illegality of open con-
tainers on public streets, sidewalks, Strand and beach.
Dumpsters shall be enclosed and located on the property.
The sidewalk/walkway in front of the business wll be kept
clean and free of litter at all times. That if the area
becomes littered or dirty and is not immediately cleaned by
the business, the City may clean the area and charge the
business for the costs of such service.
This conditional use permit is issued exclusively for and
so long as the premises remain a restaurant, which is de-
fined 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 iden-
tifying 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 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. Applicant 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.
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11. This permit is subject to review in six months.
12. That the number of tables shall not exceed building code
requirements with respect to aisles and exiting.
3 11 13. That the proposed fence be a maximum of 42 inches high
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around the outside area to allow high visibility for the
Police Department.
6 11 14. That the Owner has been informed that this is not a street
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vacation by the City; and that even if a court of competent
jurisdiction were to rule that this action is a vacation,
the owner would waive any claim to rights of reversion and
the Owner now waives any right to reversion on account of
this conditional use permit.
13 11 15. That the Permittee first and the Owner second, hold the City
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harmless from liability on account of any activity enabled
by this conditional use permit.
1611 16. That the Permittee promises to defend The City from any
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suits claiming liability on account of any activity enabled
by this conditional use permit and the Permittee indemnifies
the City as one of the insured in the amount of $1,000,000
in a form suitable to the City Attorney.
22 11 17. That this conditional use permit is revoked automaticlly if
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and when the indeminfication lapses; and that the condition-
al use permit is revoked automatically if and when the use
of the City premises for dining lapses for a period greater
than 90 calendar days.
27 11 18. That this conditional use permit shall be effective until
28 the City Attorney has approved the resolution as to form and
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approved the indemnification as to amount and as to form;
and until the Permittee and Owner (of the land) have both
signed the resolution.
3 11 19. In the event that any one conditon is found to be illegal
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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 understand that the ap-
plicant is represented by counsel at all steps of these
poceedings 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 damages shall be brought against the
other party and that the exclusive remedy on behalf of the
applicant is for a Mandate of Declaratory Releif to make the
determination 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 Suprement
Court decision.
18 11 20. That any changes in the physical layout of the property
19 11 would require an amendment to the conditional use permit.
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21 21. That there be no outside electronic amplified music after
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23 11 22. That there be no individual sale of alcoholic beverages ex-
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cept in conjucntion with the sale of food, and a sign so
stating this condition shall be prominently displayed.
26 11 23. That there be no offers of free alcoholic beverages with
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food,as in the case of champagne brunches.
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AYES: Comms. Berardo, Cutler, Williams, Chmn. Moore
NOES: None
1 II ABSENT: None
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3 CERTIFICATION
4 I hereby certify that the foregoing Resolution BZA 154-590 was
5 adopted by the Board of Zoning Adjustments of the City of Hermo-
6 sa Beach at a regular meeting held on the 6th day of May, 1985.
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8ll oATE
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CARL MOORE, CHAIRMAN
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Approved As To Form:
APPLICANT
PROPERTY OWNER
City Attorney ---
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