HomeMy WebLinkAboutBZA Resolution 154-422 - (1149 Aviation Blvd)rt ,
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RESOLUTION B.Z.A. 154-422
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF
HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE
SERVICE OF BEER AND WINE IN CONJUNCTION WITH THE OPERATION OF
A RESTAURANT ON PROPERTY LOCATED AT 1149 AVIATION BOULEVARD,
HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on August 17, 1981, considered the request of
Mr. Demetris Kosmides for permission to allow the service of beer and
wine in conjunction with the operation of a restaurant, on property
known as part of Lot 7, Block 88, 2nd Addition to Hermosa Beach Tract;
and
WHEREAS, at said public hearing, the Board heard testimony _from the
applicant that all of the proposed conditions were acceptable to him;
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
service of beer and wine in conjunction with the operation of a res-
taurant at 1149 Aviation Boulevard, subject to the following conditions:
1. No beer or wine "to go".
2. Service of alcohol in permanent glass containers only, and only
when food is available.
3. 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.
4. 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.
5. Installation of screens on all openable exterior windows to
prevent 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.
6. The hours of operation to be from 11:00 a.m. to 10:00 p.m.
7. Posting of sign inside advising patrons of illegality of remov-
ing any alcoholic beverages from the premises.
8. Any changes to the interior layout of the establishment shall
require that it be returned to the Board of Zoning Adjustments,
and it may revoke the conditional use permit if the new inter-
iors are not consistent with the original approval.
9. Adequate trash containers shall be provided by owner of business.
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PAGE 2 -RESOLUTION B.Z.A. 154-422
1149 AVIATION BOULEVARD
10. 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.
11. That there be a six month review and thereafter one and two
year reviews.
12. 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.
13. The City shall have the right during business hours upon 15
days notice to inspect the books and records of the applicant
and to determine the gross sales of food and/or the gross sales
of alcoholic beverages. Food shall include the sale of bever-
ages other than alcoholic beverages.
14. 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 verifying the applicant's books and
records, with the understanding that these reviews are confid-
ential.
15. This permit is not effective until all County Health Department
requirements have been met.
16. 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
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 Declaratory 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. Merrill, Moore, Williams, Chmn. DeBellis
NOES: None
ABSENT: Comms. Ebey, Toth, Walker
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-422 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 17th of August, 1981.
ARY
~ ~ Tu-~~ ~ ~IEBELL IS, CHAIRMAN