HomeMy WebLinkAboutBZA 154-490 (344 PCH),, (
RESOLUTION B.Z.A. 154-490
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT FOR OPERA-
TION OF AN AMUSE11ENT ARCADE ON PROPERTY LOCATED AT-~ PACIFIC
COAST HIGHWAY, HERMOSA BEACH, CALIFORNIA. '3i..fl{
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on October 18, 1982 in the Council Chambers
of the City Hall, considered the request of Lenora S. Ammon to operate
an amusement game arcade on property located at 338 Pacific Coast
Highway_, legally known as Lot 15, Hurd's Ocean ·View Tract; and
WHEREAS, at said public hearing, the Board heard testimony from the
applicant that the proposed conditions as revised during the hearing
were acceptable to her; 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 Hermosa Beach does hereby approve a conditional use permit for
operation of an amusement game arcade at 338 Pacific Coast Highway,
subject to the following conditions:
1(. That adult supervision be present during all operating
assuring that premises shall be managed in a clean and
fashion. When more than 35 customers are present, two
must be present.
hours,
orderly
supervisors
2. No alcoholic beverages shall be sold or consumed on the premises.
Hours of operation shall not exceed 10:00 a.m. to 10:00 p.m., ----and no one under the age of 16 will be permitted on the ~remises
between the hours of lQ;OO a.m. and 2:00 p.m. when public schools
are in session. tJ O ~ -u lo~ , ~
----4. The cashier's boo l,1 shalf be locate_ 1J as to be visible f r o m '(, rC\_
Pacific Coast Highwa f o r-purposes of police protect ion. ·(""_-?
~musement machine coin boxe s are to be c leared evefW ~ight and ~
, --~laced on top of the machines. Ll-vc.,,f.t.--c{ 'fV-)V~ -~ ]"
1 10,;) '( 6 .J The operator shal 1 provide a minimum of 15 bicycle s storage racks
V\1
--' so as to adequately provide for the storage of bicycles utilized ----.l by patrons of the premises, and a sign posted in the fr5mt windo:'.'..._I
indicating bicycles,,,Parking in the rear/, o nl y_',/j' \ I,,.. ( wl\l , to t, I (l_p.CJe::.. w1 2J o /\.2 P-a..c.,,!L c~ _J s ._ 01) _ <. -k::r-r ~P-~:_j
high in tensity level of lighting s h all be p r o vided in the inter-
ior, layout to be approved by the Director of Building and Safety,
~7.
and adequate lighting to b e provided in rear parking area as
_proved by the Building De partment. -
8. If there develops, in/ the opinion of the Chief of Police, a series
of police complaints in.dicating there is a problem he shall have
the right to require that two off=duty policemen be assigned to
the premises at the business' expense until it can be shown that
no police problems exist.
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PAGE 2 -RESOLUTION B.Z.A. 154-490
338 PACIFIC COAST HIGHWAY
t Tw ~ · err--~ b.J ~t' c~ ~ I S c;;-l,.o-w (.{)
9 Two ABC fire extinguishers shall be installed, one in the · t~
change booth and one in the bathroom. . _ ~Q ((!)._
. ~ . . IA· { 1 1 ·7" Maximum permissible occupancy must be clearly posted at all · "'-;'f. (
times and may not be exceeded at any time. If the Police/Fire {.
Departments determine that the maximum permissible occupancy ~ of?
of the business is being violated, they may cite the business t
nd initiate a condi~ional use permit revocation. C.:,(?\
11.{jhe operator of the .busines.s may not permit noise or music •. "c_
more than five decibels above the ambient to emerge from the
remises.
12. That all applicable ordinances of the City shall be complied
with, with special attention to Chapter 20 of the City Code
entitled Nuisances. Specifically, this conditional use permit
is not a permit to violate Section 20-2 (a), (e), (H.1), (i),
(j) and (j-1). Copy attached.
13. There will be a six month review and thereafter one or two year
reviews.
14. This conditional use permit is to be for this current use as
defined in the present conditions; any change in use or nonobser-
vance of any condition of operation will be cause for revocation
of the permit.
15. In the event that any one conditioh 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 these proceedings and it
is the opinion of the City Attorney that the conditions meet
Constitutional requirements, and in the event that either attorney
is in error both parties agree that no action for damages shall be
brought against the other party and that the exclusive remedy on
behalf of the applicant is for a Mandate of Delcaratory Relief
to make the determination that any one or more conditions is .
illegal and unenforceable, and parties waive all rights to damages.
16. TllAT THIS CONDITIONAL USE PERMIT APPROVAL IS SUBJECT TO THE
GRANTING OF A VARIANCE ON PARKING REQUIREMENTS.
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-490 was adopted
by the Board of Zoning Ad,iustments of the City of Hermosa Beach at a
regular meeting held on the 18th day of October, 1982.
Date ----------------
CARL MOORE, CHAIR~AN
~EAL CUTLER, SECRETARY
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RESOLUTION 84-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA GRANTING THE APPEAL AND GRANTING A VARIANCE TO
PARKING STANDARDS FOR PROPERTY LOCATED AT 338 PACIFIC COAST
HIGHWAY. 34,4
WHEREAS, the City Council held a public hearing on November
27, 1984 to consider the request of Dale Moore for a variance
to provide 3 parking spaces in lieu of the 13 parking spaces
required for an·amusement arcade; and
WHEREAS, there are exceptional or extraordinary circumstances
or conditions applicable to the property involved because the
majority of the establishment's business volume is derived from
walk-in customers frequenting other commercial uses in the
immediate vicinity.
The site is located in proximity to public parking; and
WHEREAS, such variance is necessary for the preservation
and enjoyment of a substantial property right possessed by other
property in question because other uses in the surrounding area
that generate as much vehicular traffic have less stringent
parking requirements; and
WHEREAS, the granting of such variance will not be material!
detrimental to the public welfare or injurious to the property
or improvements in such vicinity and zone in which the property
is located because no objections; to the project were presented
at the Board of Zoning Adjustments. There have been no parking
enforcement problems; and •
WHEREAS, the granting of such variance will not adversely
affect the comprehensive General Plan because the Land Use
Element designates the site for commercial development and the
proposed use is consistent with that designation.
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NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. That a variance to the parking standards
for arcade use be granted to property located at 338 Pacific
Coast Highway.
. . ..
PASSED, APPROVED AND ADOPTED this 13th'day·
De·eember 1984.
PRESIDENT of the City Council and MAYOR of
the City of Hermosa Beach, California.
ATTEST:~~~ Ci:y Clerk
APPROVED AS TO FORM:~<~
CityAtorney