HomeMy WebLinkAboutBZA 154-559 (2620 Hermosa Ave)RESOLUTION B.Z.A. 154-559
1 II A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 211 2620 HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA.
3 11 WHEREAS, the Board of Zoning Adjustments of the City of Hermosa
411 Beach, at a public hearing held on April 2, 1984, in the City Hall Council
511 Chambers, considered the request of James & Jennifer Cianaglini for
611 pennission for outside dining and the service of beer and wine in
711 conjunction with the operation of a restaurant, on property legally
8 described as Lots 2 & 3, Block 67, First Addition to Hermosa Beach Tract; and
9 WHEREAS at said public hearing the following facts were presented
10 11 for consideration: that the proposed location of the outside dining is the
11 11 second story of a 640 sq. ft. deck; that two parking spaces are being added
121 1 beneath the deck which are accessed from Hermosa Avenue; that the Staff
13 11 Review cofllllittee has recommended 14 conditions to placed on the conditional
14 11 use permit if the Board acts to grant the request; arid
15 11 WHEREAS, at said public hearing the applicant was present to answer
16 11 question; and
17 11 WHEREAS, at said public hearing no one appeared to speak in
18 I I opposition to the request; and
19 I I WHEREAS, after due consideration it is the opinion of the Board of
20 11 Zoning Adjsutments of the City of Hermosa Beach does hereby grant the
21 11 conditional use permit subject to the following conditions:
221 11. Service of alcoholic beverages shall be in an establishment that operates
a full kitchen and provides a full menu (complete lunches and/or 23 11 dinners, with hot entrees) and the primary purposes of the establishment
is service of food.
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2. All alcoholic beverages shall be served with food and be concumed on the
25 premises.
26 3. Any changes to the interior layout of the establishment shall require that
it be returned to the Board of Zoning Adjustments and it may revoke the 27 11 conditional use permit if the new interiors are not consistent with the
original approval.
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4. Operators of the business must police the sidewalk and parking lot
which are directly adjacent to the business for litter and maintain
in a clean and orderly manner on a daily basis.
5. 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 -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 sales of fciod 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 all records submitted to the State Board of Equalization for
the purposes of computing sales tax. Applicants have the right to 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.
6. Maximum permissible occupancy must be clearly posted at .all times and
may not be exceeded at any time. If the Police and/or Fire Department
determine that the maximum permissible occupancy of the building is
being violated, thay may cite the business and initiate a conditional
use permit revocation.
7. That the number of table shall not exceed Building Code requirements with
respect to aisles and exiting.
8. Chapter 19½ of the City Code entitled Noise Re~ulation shall be complied
with. Specifically, this conditional use permit is not a permit to
violate section 19½ entitled Noise Limits. No amplified music is to
be provided on the outside deck, also the hours of operation shall be
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8:00 a.m. to 9:00 p.m.
A RIGHT TURN ONLY sign shall be placed at the exit of the parking lot.
The height of the railing ne increased to 5411 and may be of a decorative
material.
20 1111. 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. 21
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That there be a review in six months.
In the event that any one conditions is found to be illegal or
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 applicants are represented by counsel
at all steps of those proceedings and it is the opinion of the City
Attorney that they meet constitional requirements and in the event that
either attorney is in error both parties agree that no action for damage
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 co.nditiions is illeg•l
and unenforceable and parties waive all rights to damages.
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AYES:
NOES:
Conuns Corder, Chmn Moore, Conm. Williams
Conm. Berardo, Conm Cutler
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution B.Z.A. 154-559 was
adopted by the Board of Zoning Adjustments of the City of Hermosa Beach,
Califaornia, at a regular meeting held on April 2, 1984.
om i/:?-/f;I
QJ(W!«Y f.lOORE, CHAIRMAN
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