HomeMy WebLinkAboutBZA 154-560 (1227 Hermosa Ave)RESOLUTION B.Z.A. 154-560
1 11 A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS O;F T:HE ClTX OF
HERMOSA BEACH, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT ON
2I IPROPERTY LOCATED AT 1227 HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA ,
3 WHEREAS, the Board of Zoning Adjustments of the City of
4 Hermosa Beach, California, at a public hearing held on May 7, 1984
5 in the Council Chambers of the City Hall, considered the request
6 of Donald and Bobby Putman for permission to allow the service of
7 llbeer and wine in conjunction with the operation of a restaurant
8 and art gallery on property legally described as Lots 14 1 15, 16,
9 17, & 18, Block 13, Hermosa Beach Tract;
10 WHEREAS, at said public hearing, the following facts were
11 presented for consideration: the restaurant/art gallery is locate
12 at the corner of Hermosa Avenue and 13th Court in the "Bijou
13 Theatre" building and the business would feature an art gallery
14 as well as a painting studio for Mr. Putman in the loft area. The
15 studio loft is visable from the restaurant seating area allowing
16 patrons to view Mr . Putman while he paints; the restaurant is
17 located in a C-2 zone and has a General Plan designation of genera
18 commercial. The Staff Review Committee has recommended 13 condi~
19 I I tions to be placed on the project on approval;
20 WHEREAS, at said public hearing, the applicant stated
21 that it is his intention to sell alcoholic beverages only with
22 food and that there will be no food to go;
23 WHEREAS , at said public hearing, no one appeared to speak
24:llin opposition to the project ;
25 WHEREAS , after due consideration, it is the opinion of th
26 Board of Zoning Adjustments that the conditional use permit reques
27 is granted for the following reasons:
28 1. Service of alcoholic beverages shall be in an establishment
1 that operates a kitchen and provides a full menu (complete
2 lunches and/or dinners, with hot entrees) and the primary purpose
3 of the establishment is the service of food and the sale of
4 paintings.
5 2. All alcoholic beverages shall be consumed within the premises
6 and sold only in conjunction with food.
7 3. Posting of sign inside advising of illegality of open
8 containers on public streets, sidewalks, strand and beach.
9 4. If, in the jUdge~ent of the Police Department , it is dee~ed
10 necessary, policemen will be assigned as doormen · at the business '
11 expense during hours of operation.
12 5. Operators of the business must police the sidewalks which are
13 directly adjacent to the business for litter and maintain in a
14 clean and orderly manner on a daily basis.
15 6. Any changes to the interior design of the establishment shall
16 require that it be returned to the Board of Zoning Adjustments,
17 and it shall revoke the conditional use permit if new interiors ar
18 not in the spirit of the original approval and intent,
19 7, Maximum permissable occupancy must be clearly posted at all
20 times and may not be exceeded at any time. If the Police and/or
21 Fire Departments determine that the maxirrrum permissible occupancy
22 of the building is being violated, they may cite the business and
23 initiate a conditional use permit revocation,
24 8 . Hours of operation to be 11:00 A.M. to 10 :00 P.M. The Police
25 Department shall be notified of any change to normal operating
26 hours.
27 9, This conditionaluse permit is issu~d exclusively for and so
28 long as the premises remain a restaurant, which is defined as
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l llhaving gross sales as follows: not less than 65% food and 35%
2 I lbeer and/or wine sales computed monthly , The Cj_ty sh~ll.
3 have the right during business hours upon 15 days notice to
4 inspect the books and records of the applicant to determine the
5 gross sales of food and/or the gross sales of alcoholic beverages.
6 Upon request at the time the City inspects the books and records
7 of the applicant, the applicant shall also submit to the City
8 copies of all records submitted to the State Board of Equalization
9 for the purposes of verifying the applicant's books and records,
10 with the understanding that these reviews are confidential.
11 10 .. This conditional use permit is to be for this current use as
12 defined in the present conditions; any change in use or nonobser-
13 vance of any condition of operation .will be cause for revocation
14 of the permit.
15 11. This conditional use permit is subject to a six (6) month
16 review.
17 12. There shall be no nude modeling while the establishment is
18 open to the public or under public view. Live modeling shall be
19 limited to costume modeling.
20 13. In the event that any one condition is found to be illegal
21 and unenforceable by a court of competent jurisdiction, then the
22 parties agree that all other conditions shall remain in full
23 force and effect. The parties understand that the applicant is
24 represented by counsel at all steps of these proceedings and it is
25 the opinion of the City Attorney that the conditj_onsmeet Constj_tu-
26 tional requirements and in the event that either attorney is in
27 error, both parties agree that no acti~n for damages shall be
28 brought against the other party and that the exclusive remedy on
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1 NOW, THEREFORE, BE IT RESOLVED that in view of the
2 findings of fact, the Board of Zoning Adjustments of the City ot
3 Hermosa Beach, California, does hereby grant the conditional use
4 permit by the following vote:
5 AYES;
6 NOES:
7 ABSENT:
8
Comms, Berardo 1 Corder, Cutler, Williams, Chmn, Moo~e
None
None
CERTIFICATJON
9111 hereby certify that the foregoing Resolution B,Z ,A. 154~560 was
10 adopted by the Board of
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Beach, California, at a
May, 1984.
ltoATE
Zoning Adjustments of the City of ije~mosa
regular meeting held on the 7th day of
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