HomeMy WebLinkAboutBZA 154-497 (1332 Hermosa Ave)-◄ RESOLUTION B.Z.A. 154-497
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT ON PROP-
ERTY LOCATED AT 1332 HERMOSA AVENUE, HERMOSA BEACH, CALIF-
ORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on March 7, 1983 in the Council Chambers of
the City Hall, considered the request of Mr. Famed Dah Dah for per-
mission to allow service of beer and wine in conjunction with the
operation of a restaurant, on property legally described as Lots 10,
11, 12, Block 34, 1st Addition to Hermosa Beach Tract; and
WHEREAS, at said public hearing, the Board considered the proposed
operatjon and the neighboring uses; and
WHEREAS, the Board after this 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 hereaby 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 Strawberry Patch, 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 djnners, 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 1llegality of open containers on
public streets, sidewalks, Strand and beach.
4. If, in the judgment of the Police Department, it is deemed nec-
essary, policemen will be assigned as doormen at the business'
expense during hours of operation.
5. Operators of the business must police the sidewalks which are
directly adjacent to the business for litter and maintain 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 pewmjt jf new jnteriors
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.
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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
sales 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 all records submitted to the State Board of Equaliza-
tion for the purposes of verifying the applicant's books and
records, with the understanding that these reviews are confid-
ential.
10. This conditional use permit is to be for this current use as
defined in the present conditions; any change in use or nonobserv-
ance 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 conditional
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.
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-497 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 7th day of March, 1983.
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I CAC:edJ/!J&rnMAN