HomeMy WebLinkAboutBZA 154-518 (1286 The Strand)RESOLUTION B.Z.A. 154-518
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT ON PROPERTY
LOCATED AT 1286 THE STRAND, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa
Beach at a public hearing held on August 1, 1983, in the Council
Chambers of the City Hall, considered the request of Mr. Chris
Bennett and Mr. Brad Anderson for permission to allow outside
dining with encroachment on City right of way in conjunction with
an existing restaurant on property legally described as Lots 6 & 7,
Block, 13, Hermosa Beach Tract; and
WHEREAS, at said public hearing, the following facts were presented
for consideration: That the applicant is requesting to utilize
approximately 816 sq. ft. of City property; and that plans include
installing removable fencing and gates at the east and west end
of the area across the sidewalk ai.d landscaping the existing planter
area; that the tables and chairs will be removed each night; and
that the Staff Review Committee suggested nine conditions to be
included that are compatible with a similar conditional use permit;
and
WHEREAS, at said public hearing the applicant stated that he is
in agreement with the nine conditions;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Zoning Adjustments
does hereby approve a conditional use permit to utilize City right~
of-way for outside dining in conjunction with an existing restaurant
subject to the following conditions:
1. That the gates across the walkway remain unlocked during
business hours and removed during non-business hours.
2. That the number of tables shall not exceed building
code requirements with respect to aisles and exiting.
3. That the proposed fence be a maximum of 42 inches high
around the outside area to allow high visibility for
the Police Department.
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4. That the Owner has been informed that this is not a
street vacation by the City; and that even if a court ,
of competent jurisdiction were to rule that this action:
is a vacation, the Owner would waive any claim to right~
of reversion and the Owner now waives any rights to 1
reversion on account 0 f this conditional use permit.
5. That the Perrnittee first a~d the Owner second hold the City
harmless from 1 i ab·i'! i ty ,::n, ·,c:.count of any activity enabled
by th i s con di t i o na : u , , , · f r ri · t. t
6. That the Permittee promises to defend the City from any
.cs ui t5 cJa\rfli-lg l 1ab i ijty on c,c ·:~,-,vn t of ariY activity enal;>led
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, Page-2 -B.Z.A. Resolution 154-518
1,286 Strand
7. That this conditional use permit is revoked automatically if
and when the indemification lapses;and that the conditional
use permit is revoked automatically if and when the use of
the City premises for dining lapses for a period greater
than 90 calendar days.
8. If the planters and adjacent area are not maintained in a
reasonabe manner, including the replacement of dead or
destroyed plants, the City may maintain the area or replace
dead or destroyed plants and charge the permittee or owner
the reasonable cost of such work provided the City gives •
the permittee and owner reasonable written notice of its
intent to maintain the area or replace the plants. Failure
to maintain the area shall also be grounds for revocation
of the conditional use permit.
9. That this conditional use permit shall not be effective until
the City Attorney has approved the resolution as to form and
approved the indemification as to amount and as to form; and
until the Permittee and Owner (of the land) have both signed
the resolution.
AYES: Comms. Berardo, Cutler, Williams, Chmn. Moore
NOES: None
ABSENT: Comm.-Corder
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-518 was
adopted by the Board of Zoning Adjustments of the City of Hermosa
Beach at a r~gular meeting held on the 1st day of August 1983.
DATE -----------
NEAL CUTLER
SECRETARY
PERMITTEE
" '
CARL MOORE
CHAIRMAN
OWNER
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