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HomeMy WebLinkAboutBZA 154-576 (719 Pier Ave)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 154-576 A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 719 PIER AVENUE. WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach, California, at a public hearing held on November 5th, 1984 in the Council Chambers at City Hall, considered the request of Vermont Management Inconp,, dba Burger King, for a Conditional Use Permit for a drive-thru take-out window in conjunction with the operation of a restaurant, on property legally described as Portions of Lots 11 & 12, Block 80, Second Addition to He~mosa Beach; and WHEREAS 1 after due consideration the Board felt that the request was consistent with the zoning and the general plan; and; NOW, THEREFORE, BE IT RESOLVED that the Board of Zoning Adjustments does hereby approve a Conditional Dse Permit for a Drive-thru TAke-out window in conjunction with the operation of a restaurant at propetty known as 719 Pier Avenue, subject to the following conditions; 1. The property shall be developed as indicated on Exhibit A, dated October 11, 1984, 2. Trash bins shall be located in an enclosure meeting City specifications. 3, Trash collection shall be schedhled so that at no time shall any trash be stored outside appropriate trash containers or bins. 4. The operators of the business shall br responsible for maintaining the project site and adjacent parking area in a clean and orderly manner. 5. All signs shall be submitted to the Building Department for approval as part of a comprehensive sign plan for the Plaza Hermosa development, . 6 . Hours of operation shall be limited to 7:00 A.M. to 12;00 Midnight. Any hours of operation outside those listed shall be subject to review and approval by the Board of Zoning Adjustments . -#3 ... f, ·--,..-,_ ),-,· ; 1 2 3 4 5 6 7. 8) RESOLUTION 154-576 Page Two The operators of the business shall be responsible for maintaining the line of vehicles for the drive-thru window in a manner which will not obstruct vehicle movement within the Plaza Hermosa development nor obstruct access to parking spaces'. The Conditional Use Permit is to be for only this use as defined in the present conditions; any change in use or noncompliance of any condition of operation will be cause for revocation of the permit. 9) 7 8 1110) First review for compliance with these conditions shall be six months after a certificate of occupancy is issued, 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 applicant is represented by counsel at all steps of these proceedings and it is the opinion of the City Attorn~y 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 that the conditions meet Constitutiobal requirements; 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 excelusive 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. AYES: Comms. Berardo, Corder, Cutler, Williams, Chmn. Moore None NOES: ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution BZA 154~576 was adopted by the Board of Zoning Adjustments of the City of Hermosa Beach at a regular meeting held on the 5th day of November 1984. DATE Ju.AA, / I /7 /f.j lJJti/!11lrtm