HomeMy WebLinkAboutBZA Resolution 154-305 - (1200 Hermosa Ave)··-►
RESOLUTION B.Z.A. 154-305
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF HERMOSA
BEACH GRANTING A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH BAR AND
ENTERTAINMENT AND SERVICE OF ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT
1200 HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach, at public hear-
ings held on January 10, February 5 and March 5, 1979, in the Council Chambers of the
City Hall, considered the request of Mr. John McCann for a restaurant with bar and
entertainment and service of alcoholic beverages at 1200 Hermosa Avenue, legally des-
cribed as Lots 1 and 2, Block 34, 1st Addition to Hermosa Beach Tract; and
WHEREAS, at said public hearings, the Board heard testimony from the applicant and his
partner stating that past noncompliance was not due to intent but due to partnership
difficulties and the need to reorganize the business; and
WHEREAS, at said public hearings, the Board reviewed the preliminary environmental
impact report and data submitted by the applicant and city staff; and
WHEREAS, the proposed conditional use permit is not in conflict with the area's zoning
or 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 a restaurant with bar and entertain-
ment and service of alcoholic beverages at 1200 Hermosa Avenue, subject to the following
conditions:
1. A 3, 6, 9, and 12 month review by the Board of Zoning Adjustments, whereupon
applicant provides information concerning the gross food service receipts and
other evidence attesting to concerted efforts to reconvert to a restaurant
with a bar instead of a bar with food service.
2. Full food service, consisting of a menu offering at least five hot entrees,
be available from 11:00 a.m. to 10:00 p.m. with hours of operation of the
business to be 10:00 a.m. to 2:00 a.m. (9:00 a.m. to 2:00 a.m. on Saturdays,
Sundays and holidays.
3. No bottles or cans to go. Operator of the business must police the sidewalks
which are directly adjacent to the business for litter and maintain in a clean
and orderly manner on a daily basis.
4. No off-sale alcoholic beverages allowed.
5. Trash disposal must be in accordance with the provisions of the sanitation,
refuse, and garbage ordinance. Trash bins must be kept from overflowing nad
must be cleaned internally on a regular basis.
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6. Maximum permissible occupancy must be clearly posted at all times and may not
be exceeded at any time. If the Police and/or 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.
7. If the Police Chief determines that a police problem exists in relationship to
this business, he may require that the business provide a doorman.
-Continued -
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PAGE TWO -RESOLUTION B.Z.A. 154-305
1200 HERMOSA AVENUE
8. The outer doors to be closed at all times when electronically amplified
musical entertainment is occurring.
9. Any changes to the interior layout of this establishment shall require that it
be returned to the Board of Zoning Adjustments, and it shall revoke the condi-
tional use permit if the new interiors are not in the spirit of the original
approval and permit.
10. Electronically amplified musical entertainment shall be limited to the hours of
9 p.m. to 1:45 a.m. daily. Noise generating set-up time is limited to 15 min-
utes daily.
11. Non-amplified musical entertainment is permissible from 11:00 a.m. to 1:45 a.m.
daily. (It is understood that this means non-electrical musical instruments,
and that it does not prohibit use of a microphone.)
12. Conditional use permit is to be for only this current use as defined in the
present conditions; any change in use or non-observance of any condition of
operation will be cause for revocation of the permit.
13. 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 alcoholic beverages. Food shall include the
sale of beverages other than alcoholic beverages.
14. After six months of operation to build food sales, a rehearing may be called
to show cause why the conditional use permit should not be revoked, if it is
found that gross sale receipts exceed the guideline of 50% food and 50% alcohol
during the hours of food sale.
15. Upon request at the time the City inspects the books and records of the appli-
cant, the applicant shall also submit to the City copies of all records sub-
mitted to the State Board of Equalization for 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. That applicant amends, and agrees to amend his application to read "Restaurant
with bar and entertainment" in lieu of 11Bar and Restaurant".
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 condi-
tions 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 with the possible exception of a preemption problem with the per-
sonal application of the conditional use permit to the applicant, 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 Declatory Relief to make the
determination that any one or more conditions is illegal and unenforceable, and
parties waive all rights to damages under the Civil Rights Act as promulgated
by recent Supreme Court decision.
-Continued -
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PAGE THREE -RESOLUTION B.Z.A. 154-305
1200 HERMOSA AVENUE
VOTE:
AYES: Co1T111s. Beard, Cummings, Debellis, Sims, Chmn. Ebey
NOES: None
ABSENT: Comm. Toth
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-305 was adopted by the Board
of Zoning Adjustments at a regular meeting held on March 5, 1979.
Date ---------------
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~i/trs ~~ TONY DEBE i '
CORALIE EBEY, CHAIRMAN \
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