HomeMy WebLinkAboutPC 85-20 (1200 PCH, Suite 101), ..
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(' RESOLUTION P. C. 85.f ":k> • ,o. vt?:7 _ , \ i,Jow (-:zo c;~) rv<;,~ -=:.,\,1£1,\.,
A RESOLUTION vF THE PLANNING COMMISSION OF' THE CITY OF HERMOSA BEACH,
CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE IN
CONJUNCTION WITH THE OPERATION OF A RESTAURANT AT 1200 PACIFIC COAST HIGHWAY.
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WHEREAS, the Planning Commission held a public hearing on
September 3, 1985, and made the following findings:
1. The use of this location as a bonafide restaurant with the
sale of beer and wine will be compatible with the surrounding
area.
2. The imposition of conditions will mitigate any potential
problems.
NOW, THEREFORE, the Planning commission of the City of
Hermosa Beach does hereby resolve as follows:
a. 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 is service of food.
b.~ Alcoholic beverages shall be served in permanent glass 1
containers only.
c.r All alcoholic beverages shall be consumed on the premises and 1
none may be taken out.
d. Any changes to the interior layout of the establishment shall
require Planning Commission approval as a modification to the
conditional use permit.
e. Operators of the business must police the sidewalks and
parking lot which are directly adjacent to the business for
litter and maintain in a clean and orderly manner on a daily
basis.
f. 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 sales
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-35% beer and/or wine sales computed monthly. The applicant
agrees to maintain separate books for food sales and beer/or
wine sales and 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, ~he
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.
g ._,Y 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
permissible occupancy of the building is being violated, they
may cite the ,business and request a conditional use permit
revocation.
h.~Hours of operation are limited to 10:00 A.M. to 10:00 P.M.
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There shall be a review in six months.
There shall be no right turn permitted onto 13th Street when
exiting the upper level parking lot.
If the City detemines that a problem with available parking
exists, the business shall be required to provide valet
parking to alleviate the problem. Valet parking and/or extra
signage directing motorists to the upper lot shall be
provided within thirty (30) days of a request by the City.
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1. · There shall be no dancing in the establishment.
2 m.~ There shall be no live entertainment in the establishment.
3 n. In the event that any one condition is found to be illegal or
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unenforceable by a court of comptent 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 proceeding
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 exclusive remedy on behalf of the applicant is for a
Mandate of Declaratory Relief to make th determination that
any one or more conditions is illegal and unenforceable, and
the parties waive all rights to damages.
16 VOTE: AYES: Comms. Compton, Peirce, Rue, Schulte
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NOES: Chmn. Sheldon
ABSENT: None
ABSTAIN: None
CERTIFICATION
I herby certify -that the foregoing Resolution P.C. 85-20 is a
22 true and complete record of the action taken by the Planning
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Commission of the Cityof Hermosa Beach, California at their
regular meeti~g of September 3, 1985,
Chairman Walter J. Schulte, Secretary
Date