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RESOLUTION P.C. 85-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA APPPROVING A CONDITIONAL USE PERMIT FOR THE
SALE OF BEER AND WINE IN CONJUNCTION WITH THE OPERATION OF A RES-
TAURANT AT 2201 PACIFIC COAST HIGHWAY. (AKA 2205 P.C.H.)
. WHEREAS, the Planning Commission held a publc hearing on
November 5, 1985 to consider the request of Mehran Eram for a
conditional use permit to allow the service of beer and wine in
conjunction with operation of a restaurant at 2201 Pacific Coast
Highway and made the following findings:
A. The proposed use is consistent with the zoning and
General Plan.
B. The proposed use as conditioned, will be compatible with
the commercial character of the area.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach does hereby approve a conditional
use permit for service ·of beer and wine in conjunction with the
operation of a restaurant at 2201 Pacific Coast Highway 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. Alcoholic beverages shall be served in permanent glass con-
tainers only.
3. All alcoholic beverages shall be consumed on the premises and
none may be taken out.
rill I Ou 4.1!.f Hours of -operation shall be 11:00 a.m. to 10:00 p.m. on Sun-
. day through Thursday, and 11:00 a.m. to 12:00 a.m. on Friday
and Saturday.
~--A-.......... ........--t o~r ...-s--rorff=--t-'thk-e-1) si.-mrs-~h a tl po 11. c e t e s 1. ewa 1 s which
are directly adjacent to the business for litter and main-
tained in a clean and orderly manner on a daily basis.
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6. Any changes to the interior layout of the establishment shall
7.
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require Planning Commission approval as a modification to the
conditional use permit.
Maximum permissible occupancy shall 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 request a conditional use permit
revocation.
If, in the judgement of the Police Department, it is deemed
necessary, two policemen shall be assigned as doormen at
business's expense during business hours.
This permit is subject to review in six months (May 5, 1986).
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 (not
to include take-out food) and 35% beer and/or wine sales com-
puted monthly, excluding take-out food. 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,
with the first audit to be in six months. Upon request at
the time the City inspects the books and records of the ap-
plicant, the applicant •shall also submit to the City copies
of all records submitted to the Sate Board of Equalization
for the purposes of verifying the applicant's books and
records, with the understanding that these reviews are
confidential.
This conditional use permit shall 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.
Applicant shall maintain agreements with neighboring property
owners to provide a minimum of 15 additional spaces; agree-
ments shall be submitted for review and approval of the Plan-
ning Director.
13 // A sign shall be posted at the entrance to the parking lot
· stating the location of overflow parking; sign shall be a
minimum of 4 square feet and constructed of wood or equiva-
lent material.
14. In the event that any one condition is found to be illegal
25 and unenforceable by a court of competent jurisdiction, then
the parties agree that all other conditions shall remain in_ _ -----~2G i~--nn orce an e feet. The parties understand that the ap-
plicant is represented by counsel at all steps of these pro-
'' 27 ceedings and it is the opinion of the City Attorney that the
28 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
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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 a recent Supreme Court decision.
A 6 foot decorative block wall shall be erected on the north,
west, and south boundaries of the property. The design and
materials shall be subject to the approval of the Planning
Director.
5 VOTE: AYES: Comms.Compton,Peirce,Rue,Schulte
6 NOES: Chmn.Sheldon
7 ABSENT: None
8 ABSTAIN: None
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10 CERTIFICATION
11 I hereby certify that the foregoing Resolution P. C. 85-26 is a
12 true and complete record of the action taken by the Planning Com-
l3 mission of the City of Hermosa Beach, California at their regular :: mRuf~9~5,
Chuck Sheldon, Chairman 17
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l!J Date
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Michael Schubach, Secretary
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