HomeMy WebLinkAboutBZA 154-531 (1229, 1233 Hermosa Ave)..
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RESOLUTION B.Z.A. 154-531
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RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF
ERMOSA BEACH, CALIFORNIA GRANTING A CONDITIONAL USE PERMIT FOR
ROPERTY LOCATED AT 1233 HERMOSA AVENUE, HERMOSA BEACH,
ALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of
ermosa Beach, California at a public hearing held on October 17,
consider the request by Robert Langer to operate a
heater for the showing of films only on property legally
escribed as Lots 14 through 18, Block 13, Hermosa Beach Tract;
nd
WHEREAS, at said public hearing, the Board considered
he proposed operation; and
WHEREAS, the Board, after review determined that the
equest was consistent with both the zoning and General Plan;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Zoning
djustments does hereby approve a conditional use permit to allow
he operation of a theater for showing films only at 1233 Hermosa
venue, known as the Bijou Theatre subject to the following
onditions:
1. This permit is for the showing of films only and while
some of those films may be x-rated, rio films of a por-
nographic or "punk" nature will be offered.
2. In recognition that there is more than one facility in-
side the building offering entertainment at the same
time, it will be the responsibility of the operator to
control admission to individual facilities where such
admission is warranted such as an X-rated or R-rated
movie.
3. The hours of operation shall be limited to 9:00 a.m. to
midnight Monday through Sunday with the exception that a
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4 •.
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6.
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8.
single movie showing may occur after 12:00 midnight on
Friday, Saturday or Sunday.
That the building shall be maintained free of fire and
safety hazards as determined by City Fire Department and
city building Department. This conditional use permit
shall not be valid and effective until the Fire Depart-
ment and the Building Department have inspected the
premises and released it for occupancy.
That if a police problem is found to exist (as deter-
mined by the Police Chief), doormen may be required to
be present during all operating hours. If the police
problem continues, the City shall have the option of
installing two police doormen at the expense of the
owner of the business. Non-payment shall be grounds for
revocation of this conditional use permit.
Chapter 19 1/2 of the City Code entitled Noise Regula-
tion shall be complied with. Specifically, this condi-
tional use permit is not a permit to violate Section 19
1/2 -3 entitled Noise Limits.
Operator and owner shall be responsible for maintaining
the area adjacent to the theater in an orderly and neat
manner, as well as being responsible for the control of
any lines so as not to create a problem for pedestrians
or motorists.
This conditional use permit is to be for only this cur-
rent use as defined in the present conditions; any
change in use or nonobservance of any condition of
operation will be cause for revocation of the permit.
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9. In the event that any one condition is found to be ille-
gal or unenforceable by a court of competent jurisdic-
tion then the parties agree that all other concitio~s
shall remain in full force and effect. The parties un-
derstand that the applicant is represented by counsel at
11.
OTE:
' ·-
all steps of these proceedings and it is the opinion of
the City Attorney that the conditions meet Constitution-
al requirements, and in the event that either attorney
is in error both parties agree that no action for
damages shall be brought agains the other party and that
the exclusive remedy on behalf of the applicant is for a
Man:cJ-ate of Declaratory-Relief to make the determination
that any one or more conditions is illegal and unen-
forceable, and parties waive all rights to damages.
This permit shall be reviewed in six months.
YES: Comms. Berardo, Corder, Wiliams, Chmn. Moore
OES: Comm. Cutler
BSENT: N·one
CERTIFICATION
hereby certify that the foregoing Resolution B.Z.A. 154-542 was
dopted by the Board of Zoning Adjustments of the City of Hermosa
each, California at a regular meeting held on the 17th day of
ctober, 1983.
..
C32~
CARL MOORE, CHAIRMAN
EAL CUTLER, SECRETARY
(
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MINUTES OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA
BEACH HELD IN THE COUNCIL CHAMBERS OF CITY HALL ON OCTOBER 17, 1983,
AT 7:30 P.M.
Meeting called to order at 7:30 P.M. by Chmn. Moore
Pledge of Allegiance led by Chmn. Moore
ROLL CALL
PRESENT: Comms. Berardo, Corder, Cutler, Williams, Chmn. Moore
ABSENT: None
ALSO PRESENT: Bill Grove, Senior Building Inspector
APPROVAL OF MINUTES
Motion by Comm. Corder, seconded by Comm. Berardo, to approve the
October 3, 1983 minutes with the following correction: Page 13,
Consent Calendar, para. 2, change "only" to "also."
CONSENT CALENDAR
None
CONDITIONAL USE PERMIT BZA 154-531 1233 Hermosa Avenue
Applicant: Robert Langer
1'v1r. Grove gave staff report. He stated that the proposal was to
operate a theatre for the showing of films only. There will be no
live music or theatre presentations. A temporary conditional use
permit was granted to the applicant for the period of September 30,
1983 to October 17, 1983. The temporary conditional use permit was
requested because the applicant had expended funds for film rentals
and advertising without realizing the length of time necessary to
complete the conditional use process. The Police and Fire Departments
were contacted and indicated that they have not experienced any
problems \'Ji th the theatre since it opened under this management.
Should the Board grant this request, conditions indicated in the
temporary conditional use permit with the addition of the following
condition #11. 11 This conditional use permit is subject to review
in six months."
Chmn. Moore asked if the building met all Fire Department requirements.
Mr. Grove replied in the affirmative. He added that there were some
minor violations which the applicant corrected before opening the
business.
l
BOARD OF ZONING ADJUSTMENTS MINUTES -October 17, 1983 Page 2
CONDITI ONA L USE PERMIT BZA 154-531 1233 Hermosa Avenue (Cont.)
Public Hearing opened at 7:36 P.M.
Robert Langer, 6933 Millwood Avenue, Canoga Park, applicant, stated
that they have been operating the theater for three weeks, and
there have bee.n no problems.
Comm. Berardo asked for the hours of operation.
Mr. Langer replied that the applicant indicated that the hours were
from 12 noon to 12 midnight; however, the normal hours were from
4 ::.30 .P ._M. to midnight on weekdays. No midnight shows have been
shown. He added that the theater may be rented by a club or group
wishing to show a film at 9:00 A-¥• or 10:00 A.M.
Comm. Berardo asked for the length of the midnight movies.
Mr. Langer replied that some last as long as four hours; however,
the movies he will be showing will be 1~ to two hours.
Comm. Corder asked for the difference between X-rated and pornographic
movies.
Mr. Langer replied that an X-rated film is a film with some artistic
merit.
Comm. Corder asked the applicant for some comments on punk films.
Mr. Langer replied that he would not be showing films relating to
punk. He stated that he was aware of the problems the theater has
had in the past with the punk scene.
Comm. Cutler asked if the applicant had plans to have extra security
when the theater had musical films, as opposed to theatrical films.
1\ilr. Langer replied that his staff is expanded on the nights that
rock films are being shown. He noted that he has only had problems
when surfing films are being shown. In that case, an outside security
guard is hired.
Comm. Cutler asked the applicant if he intended to have midnight
shows on Friday, Saturday, or Sunday. He noted that Condition #4
states "or" instead of "and."
Mr. Langer replied that midnight shows are usually scheduled for
Friday and Saturday nights only.
No one else appeared to speak in favor of the conditional use permit.
No one appeared to speak in opposition to the conditional use permit.
I BOARD OF ZONING ADJUSTMENTS MINUTES -October 17, 1983 Page 3
CONDITIONAL USE PERlvHT BZA 154-531 1233 Hermosa Avenue (Cont.)
Public Hearing closed at 7:46 P.M.
Comm. Williams stated that her only concern was in regard to the
Sunday midnight show. She stated that the theater-goers may disturb
the neighborhood. However, she noted that if there are any problems
with noise, the Board would hear about it at the six-month review.
Comm. Cutler recommended amending staff's proposed Condition #11
to read, "This conditional use permit is subject to review in six
months and every six months thereafter." He believed that the
Board was responsible to take into consideration the history of
the theater. He believed that the business should be kept on guard.
Chmn. Moore stated that the Board could schedule another review,
if needed, at the six-month review.
Comm. Williams suggested that the Board be informed of any complaint
against the theater.
Chmn. Moore stated that the Board is concerned about the site. He
requested City staff to keep particularly careful records on this
business so that a review may be conducted in six months.
Motion by Comm. Corder, seconded by Comm. Berardo, to approve
Conditional Use Permit BZA 154-531 with the addition of Condition #11,
that being, "This conditional use permit is subject to review in
six months."
AYES:
NOES:
ABSENT:
Comms. Berardo, Corder, Williams, Chmn. Moore
Comm. Cutler
None
Chmn. Moore announced that the Board's decision may be appealed
by writing to the City Council INithin ten days.
VARTANCE REQUEST BZA 154-532 1001 Fourth Street
Applicants: Kent and Lauren Burton
1\Ar. Grove gave staff report. He stated that the property was
located in the R-1 zone, low density residential. The lot area
was 4948 sq. ft. The existing and proposed density was 8.8 du/ac.
The existing lot coverage was 31%, and the proposed lot coverage
was 35%. The existing square footage was 1574 sq. ft., and the
proposed square footage of addition was 1067 sq. ft. The applicants
were requesting permission to add over 40% to an existing single
family residence and detached garage with a nonconforming rear yard