HomeMy WebLinkAboutBZA Resolution 154-346 - (19 Pier Ave)RESOLUTION B.Z.A. 154-346
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A MODIFICATION OF A CONDITIONAL USE
PERMIT TO ALLOW THE SERVICE OF GENERAL ALCOHOLIC BEVERAGES ON
PROPERTY LOCATED AT 19 PIER AVENUE, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on November 5,il979, considered the request
of Real Blais and Don Hill for permission to serve liquor in addition
to their existing permit for 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 has had a Type 41 license for 20 years with no viola-
tions and was making the request because he felt it necessary, for com-
petitive reasons, to offer a larger selection, and iJ.ha;t all of the
proposed conditions were acceptable to them; and
WHEREAS, the Board found the proposed usage to be consistent with the
zoning and General Plan for the area;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Zoning Adjustments
of the City of Hermosa Beach does hereby grant the modification of a
conditional use permit for service of general alcoholic beverages in
conjunction with the operation of a restaurant, subject to the follow-
ing 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 dis-
posal.
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 8:00 a.m. to midnight.
7. If, in the judgment of the Police Department, it is deemed necessary,
two policemen will be assigned as doormen at the business' expense
during hours of operation.
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 conditional use permit if the new interiors are
not in the spirit of the original approval and intent. This project
is not for a bar, nor for bar seating, nor for direct purchase of
alcoholic beverages by customers from a bartender.
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PAGE 2 -RESOLUTION B.Z.A. 154-346
19 PIER AVENUE
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 of any condition of operation will be cause for
revocation of the permit.
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: 50% food sales -50% alcoholic
beverages, averaged on three (3) month receipts. The applicant
shall maintain separate books and records identifying sales of
food/alcoholic beverages.
12. The City shall have the right during business hours upon 15 days
notice to inspect the books and records of the applicant to deter-
mine 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 record~
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.
14. Posting of sign inside advising illegality of open containers on
public streets, sidewalks, Strand and beach.
15. No admission, or service of alcohol, to anyone on skates.
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 repre-
sented by counsel at all steps of these proceedings and it is the
opinion of the City Attorney that the conditions meet Constitu-
tional 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
VOTE:
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 under the
Civil Rights Act as promulgated by recent Supreme Court decision.
AYES: Comms. Beard, DeBellis, Merrill, Moore, Walker
NOES: Chmn. Ebey
ABSENT: Comm. Cummings
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PAGE 3 -RESOLUTION B.Z.A. 154-346
19 PIER AVENUE
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-346 was adopted
by the Board of Zoning Adjustments of the .City of Hermosa Beach at a
regular meeting held on the 5th day of November, 1979.
Coralie Ebey, ChaiJ -
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