HomeMy WebLinkAboutBZA Resolution 154-415 - (305 Pier Ave)RESOLUTION B.Z.A. 154-415
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT FOR THE
SERVICE OF BEER AND WINE IN CONJUNCTION WITH THE OPERATION
OF A RESTAURANT ON PROPERTY LOCATED AT 305 PIER AVENUE,
HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on June 1, 1981, in the Council Chambers of
the City Hall, considered the request of Walter Schwab and William
Brooke for a conditional use permit to allow the service of beer and
wine in conjunction with the operation of a delicatessen/restaurant,
on property known as Lots 1 and 2, Block 54, 1st Addition to Hermosa
Beach Tract; and
WHEREAS~ at said public hearing, the Board considered the project loca-
tion, zoning and the General Pian; and
WHEREAS, the Board found the project consistent with the General Plan
and with zoning and the commercial character of the area;
NOW, THEREFORE, the Board of Zoning Adjustments of the City of Her-
mosa Beach does hereby approve a conditional use permit for service
of beer and wine in conjunction with the operation of a delicatessen/
restaurant at 305 Pier Avenue subject to the following conditions:
1. No beer or wine nto go".
2. Posting of sign inside advising patrons of illegality of removing
any alcoholic beverages from the premises.
3. No admission to, or service of alcohol, to anyone on skates.
4. Service of alcohol in reusable containers only, and only when
food is available.
5. Operator of the business must police the areas directly adjacent
to the business for litter and maintain in a clean and orderly
manner on a daily basis.
6. Installation of screens on all openable exterior windows to pre-
vent any possible pass thru of alcoholic beverages and for control
of flies. Exterior doors shall be self-closing or screened or
use Health Department approved fly fans.
7. If the operation of this establishment causes a risk of harm to
persons or property, the Police Chief may assign a policeman as
doorman during hours of operation at the applicant's expense.
8. The hours of operation not to exceed 11:00 a.m. to 9:00 p.m.
9. Any changes to the interior design of the establishment shall
require that it be returned to the Board of Zoning Adjustments,
and it may revoke the conditional use permit if new interiors
are not consistent with the original approval.
10. Adequate trash containers shall be provided by owners of business.
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305 PIER AVENUE
11. Maximum permissible occupancy must be clearly posted at all
times and may not be exceeded at any time. If the Police/Fire
Departments determine that the maximum permissible occupancy
of the building is being violated, they may cite the business
and initiate a conditional use permit revocation.
12. That there be a three month review and thereafter one and two
year reviews.
13. 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.
14. 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 alco-
holic beverages. Food shall include the sale of beverages other
than alcoholic beverages.
15. 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 Equaliza-
tion for the purposes of computing sales tax. Applicant gives
the right to the City to review the records of the State Board
of Equalization for the purposes of verifying the applicant's
books and records, with the understanding that these reviews
are confidential.
16. This permit is not effective until all County Health Department
requirements have been met.
17. In the event that any one condition 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
VOTE:
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 attor-
ney 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 Declara-
tory Relief to make the determination that any one or more
conditions is illegal and unenforceable, and parties waive
all rights to damages.
AYES: Comms. Merrill, Moore, Toth, Williams, Chmn. Walker
NOES: None
ABSTAIN: Comm. Ebey
ABSENT: Chmn. DeBellis
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PAGE 3 -RESOLUTION B.Z.A. 154-415
305 PIER AVENUE
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-415 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 1st day of June, 1981.
Date, ______________ _
E CHAIRMAN
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