HomeMy WebLinkAboutBZA 154-556 (1332 Hermosa Ave)1
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! / / RESOLUTION B.Z.A. 154-556
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT FOR
PROPERTY LOCATED AT 1332 HERMOSA AVENUE.
WHEREAS, the Board of Zoning Adjustments of the City of
Hermosa Beach, California, at a public hearing held on March 19,
1984, in the Community Center, Room 12 to considered the request
of Pietrecina Enterprises for a conditional use permit to allow
the service of beer and wine in conjunction with the operation of
a restaurant on property legally described at Lots 10, 11, & 12,
Block 34, First Addition to Hermosa Beach Tract;
WHEREAS, at said public hearing, the Board considered the
proposed operation and the neighboring uses;
WHEREAS, the Board, after review, felt the request was
consistent with both the zoning and the General Plan;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Zoning
Adjustments does hereby approve a conditional use permit to allow
the service of beer and wine in conjunction with the operation of
a restaurant at 1332 Hermosa Avenue, known as the Seahorse Corral,
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.
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'
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expense during hours of operation.
5. 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.
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 11:00 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 sales 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 sale 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
a11· 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.
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10. This conditional use permit is to be for this current use
as defined in the present condittons; any change in use or non-
·observance of any condition of operation will be cause for
revocation of the permit.
11. There will be a four month review and thereafter one or two
year reviews.
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
Constitutional requirements with the possible exception of a
preemption problem with the personal application of the condition-
al 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.
VOTE:
AYES:
NOES:
ABSENT:
Ill/I
Ill//
I/Ill
Comms. Berardo, Williams, Acting Chmn;· Corder
None
Comms, Cutler, Chmn. Moore
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I . ' J I
I I . ,
CERTIFICATION
I hereby certify that the foregoing Resolution B.Z.A. 154-556 was
adopted by the Board of Zoning Adjustments of the City of Hermosa
Beach, California, at a regular meeting held on the 19th of day
of March, 1984.
DATE
q'cf},,c9-~~-C? ,£
EDWARD CORDER,ACTING CHAIRMAN
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