HomeMy WebLinkAboutBZA Resolution 154-441 - (211 PCH)1
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RESOLUTION B.Z.A. 154-441
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF
HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT FOR LIVE ENTER-
TAINMENT IN CONJUNCTION WITH THE OPERATION OF A BAR LOCATED AT
211 PACIFIC COAST HIGHWAY, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Her-
mosa Beach, at a public hearing held on December 21, 1981, in the
City Hall Council Chambers, considered the request of s & N Cor-
poration/Hermosa Saloon for permission to have live entertainment
in the form of amplified musical groups in conjunction with the
operation of a bar, on property legally described as Lot 62, Wal-
ter Ransom Co.•s Venable Place Tract; and
WHEREAS, at said public hearing, the Board heard testimony
from the applicant that all of the proposed conditions were ac-
ceptable to him; and
WHEREAS, the proposed conditional use permit is in confor-
mance with the area's zoning and general plan designation;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Zoning Ad-
justments of Hermosa Beach does hereby approve a conditional use
permit for live entertainment in the form of amplified musical
groups in conjunction with the operation of a bar on property
located at 211 Pacific Coast Highway, subject to the following
conditions:
1. Electronically amplified musical entertainment shall be
limited to the hours of 9:00 p.m. to 1:30 a.m. Friday and
Saturday nights.
2. Chapter 19-1/2 of the City Code entitled Noise Regulation
shall be complied with. Specifically, this conditional use
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permit is not a permit to violate Section 19-1/2-3 entitled
Noise limits, copy attached.
3. 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 oc-
cupancy of the building is being violated, they may cite the
business and initiate a conditional use permit revocation.
4. Any change to the interior layout of this establishment shall
require that it be returned to the Board of Zoning Adjust-
ments, and it may revoke the conditional use permit if new
interiors are not consistent with the original approval.
5. There shall be no dancing at any time.
6. Conditional use permit is to be for only this use as defined
in the present conditions; any change in use or noncompliance
of any condition of operation will be cause for revocation of
the permit.
7 . First review for compliance with these conditions shall be
six months after date of approval.
8. 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 thee proceedings
and it is the opinion of the City Attorney that the condi-
tions 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
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the exclusive remedy on behalf of the applicant is for a Man-
date 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. Cutler, Moore, Williams, Chmn. DeBellis
NOES: None
ABSENT: Comms. Ebey, Merrill, Toth
CERTIFICATION
I hereby certify that the foregoing Resolution B.Z.A. 154-441 was
adopted by the Board of Zoning Adjustments of the City of Hermosa
Beach, California, at a regular meeting held on the 21st day of
December, 1981.
Date: G f)'f!-L ff<(
_ ......
l Jui /A;,~/A--
M SECRETARY
~l-/J~
JIW PEIRCE, CHAIRMAN
PLANNING COMMISSION
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