HomeMy WebLinkAboutBZA 154-555 (25 22nd St),
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RESOLUTION BZA 154-555
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT FOR
PROPERTY LOCATED AT 25 -22ND STREET.
WHEREAS, the Board of Zoning Adjustments of the City of
Hermosa Beach, California, at a public hearing held on March 19,
1984, in the Council Chambers of the City Hall, considered the
request of Mr. Silvio Petoletti for permission to allow the
service of beer and wine in conjunction with the operation of a
restaurant located within the building on property legally
described as Lot 14, Block 23, Hermosa Beach Tract;
WHEREAS, at said public hearing, the following facts were
presented for consideration: that the property is located in a C-1
zone, neighborhood commercial and that the request is for service
of beer & wine in conjunction with a restaurant;
WHEREAS, the said public hearing, the applicant stated
that he was familiar with all the rules and regulations with
reference to selling beer & wine in a restaurant;
WHEREAS, at said public hearing, no one appeared to speak
in opposition to the request;
WHEREAS, after due consideration, it is the opinion of the
Board of Zoning Adjustments that the conditional use permit for
service of beer & wine with the operation of a restaurant is
justified, 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 (complete
lunches and/or dinners, with hot entrees) and the primary purpose
of the establishment is the service of food.
2. All alcoholic beverages shall be consumed within the premises
and sold only in conjunction with food. No alcoholic beverages
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will be sold through the take-out window.
3. Posting of sign inside advising illegality of open containers
on public streets, sidewalks, Strand, and beach.
4. If, in the judgment of the Police Department, it is deemed
necessary, policemen will be assigned as doormen at the business'
expense during hours of operation.
5. Operators of the business must police the sidewalks which are
directly adjacent to the business for litter and maintain in a
clean and orderly manner on a daily .basis.
6. Any changes to the interior design of the establishment shall
require that it be returned to the Board of Zoning Adjustments,
and it shall revoke the conditional use permit if new interiors
are not in the spirit of the original approval and intent.
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 permissible occupancy
of the building is being violated, they may cite the business and
initiate a conditional use permit revocation.
8. Hours of operation to be 8:00 A.M. to 9:00 P.M. The Police
Department shall be notified of any change to normal operating
hours.
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 s ·ales computed monthly. 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
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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 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 cha~ge in use or non-
observance of any condition of operation will be cause for
revocation of the permit.
11. There will be 3, 4-month reviews the first year and one year
reviews after that.
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 understand that the applicant is
represented by counsel at all steps of these proceedings and it
is the opinion of the City Attorney that the conditions meet
preemption problem with the personal application of the conditiona
use permit to the applicant, 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.
Ill/I
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VOTE:
AYES:
NOES:
ABSENT:
Comms. Williams, Chmn. Corder
Comm. Berardo
Comms. Cutler, Chmn. Moore
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-555 was
adopted by the Board of Zoning Adjustments of the City of Hermosa
Beach, California, at a regular meeting held on the 19th day of
March, 1984.
DATE
ED CORDER, ACTING CHAIRMAN
JUNE WILLIAMS,. ACTING SECRETAR-Y
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