HomeMy WebLinkAboutBZA 154-447 (454 PCH)I RESOLUTION B.Z.A. 154-447
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT FOR OFF-
SALE BEER AND WINE ON PROPERTY LOCATED AT 454 PACIFIC COAST
HIGHWAY, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on February 1, 1982 in the Council Chambers
of the City Hall, considered the request of .Southland Corporation for
permission to sell beer and wine in conjunction with the operation of
a 7-Eleven convenience store, on property .kriown as Lots 17-19, Garden
View Tract; and
WHEREAS, at said public hearing, the Board heard testimony from the
applicants that all of the proposed conditions were acceptable to them;
and
WHEREAS, the proposed conditional use permit is in conformance with the
area's zoning and general plan designation;
NOW, THEREFORE, BE IT RESOLVED, that the ·Board of Zoning Adjustments of
the City of Hermosa Beach does hereby approve a conditional use permit
for off-sale of beer and wire.in conjunction with the operation of a
7-Eleven convenience store at 454 Pacific Coast Highway, subject to the
following condit i ons:
1. That alcoholic beverages may be sol~,only between the hours of
6:00 a.m. to 2:00 a.m.
2. That the cashier's counter be located so as to be visible from
Pacific Coast Highway for purposes of police protection.
3. That no alcoholic beverages may be opened or consumed on the
premises.
4.
6.
7.
Posting of sign advising patrons of the illegality of open contain-
ers on public streets and sidewalks.
Alcoholic beverages shelf space must not exceed a maximum of 25%
of the total non-refrigerated public shelf space and 25% of the
refrigerated shelf space. \).... 1qt._',:, :: t 1 :il.•>\.
Operator of the business must police th'e areas directly adjacent
to the business for litter and maintain in a clean and orderly
manner on a daily .basis.
Subject to review in six months.
8. In the event that any one condition is found to be illegal or
unenforceable by a court of competent jurisdiction, then the par-
ties agree that all other conditions shall remain in full force
and effect. The parties understand that the applicant is repre-
sented by counsel at all steps of these proceedings and it is
the opinion of the City Attorney that the conditions meet Constitu-
tional requirements, and in the event that either attorney is in
error both parties agree that no action for damages shall be
-Continued -
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PAGE TWO -RESOLUTION B.Z.A. 154-447
454 PACIFIC COAST HIGHWAY
brought against the other party and that the exclusive remedy
on behalf of the applicant is for a Mandate of Declatory Relief
to make the determination that any one or more conditions is
illegal and unenforceable, and parties waive all rights to
damages.
VOTE:
AYES: Comms. Cutler, Ebey, Merrill., Chmn. DeBellis
NOES: None
ABSTAIN: Comm. Moore
ABSENT: Comms. Toth, Williams
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-369 was adopted
by the Board of Zoning Adjustments of the City .of Hermosa Beach at a
regular meeting held on the 1st day of February, 1982.
Date: