HomeMy WebLinkAboutBZA 154-561 (1018 Hermosa Ave)RESOLUTION B.Z.A. 154-561
ll lA RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT ON
2 II PROPERTY LOCATED AT 1018 HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA.
3 WHEREAS, the Board of Zoning Adjustments of the City of
4 Hermosa Beach, at a public hearing held on May 7, 1984, in the
5 Council Chambers of the City Hall, considered the request of
6 Mr. Michael Lacey for permission to modifi ~n existini ·conditional
7 use,permit to allow the adjacent store space to be used in conjunc
8 tion with the existing business. The existing conditional use
9 ll permit allows for live entertainment, alcoholic beverages that are
10 sold in conjunction with food, for property legally described as
11 Lots 1, 2, & 3 , Block 35, Second Addition to Hermosa Beach Tract;
12 WHEREAS, at said public hearing, the following facts
13 11 were presented for consideration: that no referen~es to any prob-
14 11lems could be found which were attributed to this business and tha
15 the existing conditional use permit allows for live entertainment,
16 alcoholic beverages that are sold in conjunction with food;
17 WHEREAS, at said public hearing, the applicant stated
18 that his wishes to expand into an area that used to be a store due
19 to his expansion of food sales in the Last six year~ and the
20 kitchen is very small. He noted that he is serving up to 200
21 dinners per show and ihat he desparately needs the extra space ;
22 WHEREAS, at said public hearing, no one appeared to
23ll speak in opposition to the project;
24 WHEREAS, after due consideration, it is the opinion of
25 the Board of Zoning Adjustments that the conditional use permit is
26 hereby amended· and granted for adjacent store space to be used in
27 conjunction with the existing business for a comedy & magic club
28 located at 1018 llermosa Avenue , subject t.o the following condition
1 1. The business shall soundproof all walls.
2 2. Operators of the business must police the sidewalks which are
3 directl•y " adjacent to the business for litter and maintain in a
4 clean and orderly manner on a daily basis,
5 3. No off-sale of any alcoholic beverage; no take-out of any
6 alcoholic bev~rage.
7 4. If, in the judgment of the Police Department, it is deemed
8 necessary, two policemen will be assigned as doormen at the
9 business' expense during hours of operation.
10 5. No more than 65% of total receipts of the entire business to
11 be alcohol beverage related.
12 6. Posting of a sign advising patrons of the illegality of open
13 containers on public streets, sidewalks, strand, and the beach.
14 7. No admission, or service of alcohol , to anyone on skates.
15 8. The outer doors are to be kept closed at ,all times when
16 entertainment is occurring.
17 9. Any changes to the interior layout of this establishment shall
18 require that it be returned to the Board of Zoning Adjustments,
19 and it shall revoke the conditional use permit if the new interiors
20 are not in the spirit of the original approval and permit,
21 10. Chapter 19½ of the City Code ent:i t led' No'i'se Reg'Ulat ions s);lall
22 be complied with. Specifically, this conditional use perm:it is not
23 a permit to violate Section 19½-3 entitled Noise Limi t"s·,
24 11. No dancing.
25 12. Maintain c6medy/theatrical productions at least 50% of the tim~.
26 13. This conditional use permit is to be for only this current use
27 a~ defined in the present conditionsJ any ch~nge in use or non-
28 observance of any condition of operation wi11 be cause for revoca-
-2-
1 11 tion of the permit.
21113. The City shall have the right during business hours upon 15
3l ldays notice to inspect the books and records of the applicant to
4 determine the gross sales · of admission and/or the g,ross sales of
5 alcoholic beverages. Upon request at the time the City inspects
6 the books and records of the applicant, the applicant shall also.
7 s.ubmi.t to the City, copies of all records submitted to the State
81 1Board of Equalization for purposes of computing sales tax.
9 11 Applicant gives the right to the City to review the records of the
lO IIState Board of Equalization for the purposes of verifying the
11 applicant 1 s books and records, with the understanding that these
12 reviews are confidential.
13 14. There is to be a six-month review period.
14 15. In the event that any one condition is found to be illegal or
15 unenforceable by a court of competent jurisdiction 1 then the par~
16ll ties agree that all other conditions shall remain in full force
17 ll and effect. The parties unde·rstand that the applicant is repre-
18 ll sented by counsel at all steps of th~se proceedings and it is the
19l lopinion of the City Attorney that the conditions meet Constitution
20llal requirements with the possible exception of a preemption proble .. ,
2l llwith the personal application of the conditional use permit to the
22llapplicant, and in the event that either attorney is in error both
23llparties agree that no action for damages shall be brought again$t
24llthe other party and that the exclusive remedy on behalf of the
25 I I applicant is fo± a Mandate of Declaratory Relief to make the
26ll determination that any one or more conditions is illegal and
27 1 lunenfo:rceable, and parties waive all rights to da:mages under the
28 IICivil Rights Act as promulgated by recent Supreme Court Decision,
-3-
1 VOTE:
2 AYES: Comms. Berardo, Corder, Cutler, Williams , Chmn. Moore
3 NOES: None
4 ABSENT:. None
5 CERTIFICATION
6 I hereby certify that the foregoing Resolution B.Z.A. 154-561 was
7 adopted by the Board of Zoning Adjustments of the City of Hermosa
8 Beach, California, at a regular meeting held on the 7th day of
9 May, 1984.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DATE s/z/N
CA~#rilll!AN
-4-