HomeMy WebLinkAboutBZA 154-523 (807 21st St)RESOLUTION B.Z.A. 154-523
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF
THE CITY OF HERMOSA BEACH GRANTING A CONDITIONAL
USE PERMIT ON PROPERTY LOCATED AT 807 -21st STREET
HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa
Beach, at a public hearing held on September 19, 1983 in the Council
Chambers of the City Hall, considered the request of Mr. Chuck
Lehman for permission to allow service of beer and wine in conjunction
with the operation of a restaurant and also permission for outside
dining, on property legally described as Lots 9 & 10, Portions of
8 & 11, Tract 2143; and
WHEREAS, the Board after this review felt the request was consistent
with the zoning and the general plan;
NOW THEREFORE, BE IT RESOLVED that the Bqard of Zoning Adjustments
does hereby approve a conditional use permit to allow the service
of beer and wine in conjunction with the operation ofi a restaunant
and to allow outside dining at 807 -21st Street, known, :as Jennette's,
subject tp to 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 dinners, with hot entrees) and the primary purpose
of the establishment is service of food.
2. All alcoholic beverages shall be served with food and be con-
sumed on the premises.
3. Any changes to the interior layout of the establishment shall
require that it be returned to the Board of Zoning Adjustments
and it may revoke the conditional use permit if the new interiors
are not consistent with the original approval.
4. Operators of the business must police the sidewalk and parking
lot which are directly adjacent to the business for litter and
maintain in a clean and orderly manner on a daily basis.·
5. 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 sales -
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 Equalization for purposes of computing sales tax.
Applicant haves the right to the City to review the records
of the State Board of Equalization for the purpose of verifying
the applicant's books and record, with the understanding that ·
these reviews are confidential.
6. 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
occupany of the building is being violated, they may cite
the business and initiate a conditional use permit revocation.
7. That the number of tables shall not exceed building code
requirements with respect to aisles and exiting.
8. Chaper 19½ of the City Code entitled Noise Regulation shall
be complied with. Specifically, this conditional use permit
is not a permit to violate Section 19½ entitled Noise Limits.
9. Hours of operation are limited to 11:00 a.m. to 10:00 p.rn.
The Hermosa Beach Police Department shall be notified of any
change to normal operting hours.
10. There shall be a review in six months.
11. 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 those
proceeding and it is the opinion of the City Attorney that
the conditions meet Constitutional requirements and in the
envent that either attorney is in error both parties agree
that no action for damage 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.
12. Parking requirement to be met or parking variance granted.
13. Valet parking shall be provided during hours of evening operation
those being trom 5:30 p.m. on, for all days of operation,
Ayes: Comms. Berardo, Corder, Cutler, Williams, Chmn. 'Moore
Noes: None
Absent: None
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CERTIFICATION
I hereby certify that the foregoing R~solution BZA 154-523 was
adopted by the Board of Zoning Adjustments of the City of
Hermosa Beach at a regular meeting held on the 19tlh day of
September, 1983.
Date
Neal Cutler, Secretary
D,,_~ Car 1 Moore;. C.ti
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