HomeMy WebLinkAboutBZA 154-595 (500-502 PCH)'
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RESOLUTION BZA 154-595
A RESOLUTION OF THE BOARD ZONING ADJUSTMENTS OF THE CITY OF HER-
MOSA BEACH, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT ON
PROPERTY LOCATED AT 500-502 PACIFIC COAST HIGHWAY HERMOSA BEACH,
CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of
Hermosa Beach, California, at a public hearing held on June 3,
1985 in the Council Chambers at City hall, considered the request
of Mr. Carlos Lomeli for a conditional use permit to serve beer
and wine conjuction with a restaurant at property legally
described as Lot 1, Tract 294; and
WHEREAS, after this review the Board determined that the
request is consistent with the zoning and general plan;
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 and outside dining in conjunction with
the operation 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.
21 11 2. Alcoholic beverages shall be served in permanent glass con-
tainers only. 22
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24 113.
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26 11 4.
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All alcoholic beverages shall be consumed on the premises and
none may be taken out.
Hours of operation to be 11:00 a.m. to 11:00 p.m.
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1 1 f ' Operators of the business must police the sidewalks which are
directly adjacent to the business for litter and maintained
in a clean and orderly manner on a daily basis.
3 I I 6. Any changes to the interior design of the establishment shall
require that it be returned to the Board of Zoning Adjust-
ments, and it shall revoke the conditionl use permit if new
interiors are not in the spirit of the original approval and
intent. There shall be no "bar" area installed.
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8 I I 1. 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.
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14 11 8. If, in the judgement of the Police Department, it is deemed
necessary, two policemen will be assigned as doormen at the
businsess' expense during business hours.
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17 11 9. This permit is subject to review in six months.
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10. 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 beveragaes. 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 beverage.
Upon request at the time the City inspects the books and
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records of the applicant, the applicant shall also submit
tothe 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.
71 1,,. 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.
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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 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 Supreme Court decision.
26IIAYES: Comms. Berardo, Williams, Chmn. Moore
NOES: Comm. Cutler
27 1 IABSENT: None
28 CERTIFICATION
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1 I hereby certify that the foregoing Resolution 154..;SgJ" was adopted by the Board
2 of Zoning Adjustments of the City of Hermosa Beach at a regular meeting held
3 on the 3rd~day of June, 1985.
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Date
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8 CARL MOORE, CHAIRMAN
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