HomeMy WebLinkAboutBZA 154-535 (1200 PCH). .
RESOLUTION B.Z.A. 154-535
11 !A RESOLUTION OF THE BOARD OF ZONING AD,TUSTMENTS OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT FOR
2 1 jPROPERTY LOCATED AT 1200 PACIFIC COAST HIGHWAY, HERMOSA BEACH, CA.
3 WHEREAS, the Board of Zoning Adjustments of the City of
41!Hermosa Beach, at a public hearing held on November 21, 1983, in
51 !the City Hall Council Chambers, considered the request of
6 1!Mr. Richard Krell for permission to serve beer and wine in conjunc
7 lltion with the operation of a restaurant and to allow for a take-
81 lout window in a new commercial center under construct ion on proper
91 !ty legally described as Lots 1 & 2 of Scoles Tract and Lots 2, 3 &
10 11 6 of Tracy Tract;
11 WHEREAS, at said public hearing, the following facts
121 !were presented for consideration: that the property is located in
13 I !the C-3 zone, general commercial; that the request 'is for a
14ll conditional use permit for the sale of beer & wine in conjunction
151 lwi th a restaurant and also to allow a take-out window ( for food
16lltake-out only) which will be located so that patrons waiting will
17llbe located on private property; and that this property is located
18 1 lat the southeast corner of the intersection of 13th Street and
19IIPacific Coast Highway in a new commercial center under constructio
20 WHEREAS, at said public hearing, the applicant was
2l llpresent to answer questions and stated that currently there are
221120 other Josephina rest~urants in operation;
23 WHEREAS, at said public hearing several citizens spoke
241 l;i.n concern to the parking situation and the sale of beer and wine;
25 WHEREAS, atter due consideration, it is the opinion of
261!the Board of Zoning Adjustments that the conditional use permit is
271!granted with the following conditions:
28 111. That service of alcoholic beverages shal 1 be in an establish-
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1 ment that operates a full kitchen and provides a full menu
2 (complete lunches and/or dinners , with hot entrees) and the primar
3 purpose of the establishment is service of food.
4 2. Posting of sign inside advising illegality of open containers
5 on public streets, sidewalks, strand, and beach 1 if conditions
6 warrant,
7 3. Take-out window shall be .el~mihated frdm ·the plans ;
8 4. Any changes to the interior layout of the establishment shall
9 require that it be returned to the Board of Zoning Adjustments,
10 and it may revoke the conditional use permit if the new interiors
11 are not consistent with the original approval,
12 5. Operators ,of the business must police the sidewalks and parkin
13 lot which are directly adjacent to the business for litter and
14 maintain in a clean and orderly manner on a daily basis.
15 6. This conditional use permit is issued exclusively for and so
16 long as the premises remain a restaurant, which is defined as
17 having gross sales as follows: not less than 65% food sales -
18 35% beer and/or wine sales computed monthly, The City shall have
19 the right during business hours upon 15 days notice to inspect the
20 books and records of the applicant to determine the gross sales of
21 food and/or the gross sales of alcoholic beverages, Upon request
22 at the time the City inspects the books and records of the appli-
23 cant, the applicant shall al.so submit to the City copies of all
24 records submitted to the State Board of Equalization tor purpos~s
25 of computing sales tax. Applicant gives the right to the City to
26 review the records submitted to the State Board of Equalization fo
27 the purpose of verifying the applicant's books and records, with
28 the understanding that these reviews are confidential.
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1 7. Maximum permissible occupancy must be clearly posted at all
2 times and may not be exceeded at any time. If the Police and/or
3 Fire Departments determine that the maximum permissible occupancy
4 of the building is being violated, they may cite the business as
5 being violated, they may cite the business and initiate a condi~
611tional use permit revocation.
7118. Hours of operation are limited to 10:00 A.M. to 2:00 A,M, and
8 1 I the Hermosa Beach Police Department shall be notified of any
911change in normal operating hours.
10119. There shall be a review in six (6) months.
11 10. In the event that any one condition is found to be illegal or
12 unen,forceable by a court of competent jurisdiction, then the
13 parties agree that all other conditions shall remain in full force
14 and effect. The parties understand that the applicant is repre-
15 sented by counsel at all steps of those proceedings and it is the
16 opinion of the City Attorney that the conditions meet Constitu-
17 tional requirements, and in the event that either attorney is in
18 error, both parties agree that no action for damages shall be
19 brought against the other party and that the exclusive remedy on
20 behalf of the applicant is for a Mandate of Declaratory Relief to
21 make the determirtation that any one or more conditions is illegal
22 and unenforceable and the parties waive all rights to damages,
23 NOW, THEREFORE, BE IT RESOLVED that in view of the above
24 findings of fact, the Board of Zoning Adjustments of the City of
25 Hermosa Beach, California, does hereby grant the conditional use
26 permit by the following vote;
2711AYES:
NC>ES:
28 I IABSENT :
Comm. Berardo , Cbmn. Moore
Comm. Corder
Comms. Cutler , Williams
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1 CERTIFICATION
2I II hereby certify that the foregoing Resolution B.Z.A. 154-535 was
3 ll adopted by the Board of Zoning Adjustments of the City of Hermosa
4 11Beach, California, at a regular meeting held on the 21st day of
5 1 INovember, 1983.
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DATE
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CA;R
EDWARD CORDER, ACTING SECRETARY
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