HomeMy WebLinkAboutBZA Resolution 154-313 - (19 Pier Ave), ..... _ ..
RESOLUTION B.Z.A. 154-313
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 CON-
JUNCTION WITH THE OPERATION OF A RESTAURANT ON PROPERTY LOCATED AT 19 PIER
AVENUE, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hennosa Beach, at a public
hearing held on March 5, 1979, in the Council Chambers of the City Hall, considered
the request of Real Blais and Don Hill for permission to serve beer and wine in
conjunction with the operation of a restaurant on property legally described as Lot
19, Block 13, Hermosa Beach Tract; and
WHEREAS, at said public hearing, the Board heard testimony from the applicant that he
is not establishing a new business; that the conditional use permit is necessary in
that there was a 6-8 month lapse in the operation of the business; and
WHEREAS, at said public hearing, no one appeared to speak in opposition to the request;
and
WHEREAS, the Board found the proposed usage to be consistent with the zoning and the
General Plan for the area;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Zoning Adjustments of Hermosa Beach
does hereby approve a Conditional Use Permit for the service of beer and wine in con-
junction with the operation of a restaurant, subject to the following conditions:
1. No bottles or cans to go. Operators 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.
2. Full food service available at all times.
3. No off-sale alcoholic beverages allowed.
4. The applicant shall use the central compactor area for trash disposal.
5. 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.
6. Hours of operation to be 7:00 a.m. to 2:30 a.m.
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.
8. 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 intent.
9. Three month review and thereafter one and two-year reviews.
10. This conditional use permit is to be for only this current use as defined in
the present conditions; any change in use or non-observance on any condition of
operation will be cause for revocation of the pennit.
-Continued -
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PAGE TWO -RESOLUTION B.Z.A. 154-313
11. 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.
12. 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.
13. 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.
14. 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
VOTE:
is the opinion of the City Attorney that the conditions meet Constitutional
requirements with the possible exception of a preemption problem with the
personal 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 unenforce-
able, and parties waive all rights to damages under the Civil Rights Act as
promulgated by recent Supreme Court decision.
AYES: Comms. Beard, Cummings, Debellis, Sims, Chmn. Ebey
NOES: None
ABSENT: Comm. Toth
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-313 was adopted by the Board of
Zoning Adjustments at a regular meeting held on March 5, 1979.
Dated --------------
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---' -EY, CHAIRMAN -)
TONY DEBEL~IS, SECRETARY