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HomeMy WebLinkAboutPC Resolution 06-20 - (1017 Aviation Blvd)P.C. RESOLUTION NO.06-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND PRECISE DEVELOPMENT PLAN TO ALLOW THE EXPANSION OF A MOTOR VEHICLE REPAIR BUSINESS (OCEAN SERVICE AND TIRES) AT 1017 AVIATION BOULEVARD AND LEGALLY DESCRIBED AS LOT I AND 2, BLOCK 2 G.G. ALLEN SUBDIVISION. The Planning Commission of the City. of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Ron Rosinsky, property owner and owner of Ocean Service and Tires seeking approval of a Conditional Use Permit Amendment and Precise Development Plan to allow the expansion of a motor vehicle repair business at 1017 Aviation Boulevard into adjacent property at 1001 Aviation Boulevard (aka 1208 Ocean Drive) Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for the Conditional Use Permit and Precise Development Plan on July 18, 2006, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Based on the testimony and evidence received the Planning Commission makes the following factual findings: 1. The applicant proposes to demolish the existing nonconforming residence a t 1001 Aviation Boulevard (AKA 1208 Ocean Drive), and remodel and expand the existing automotive repair and tire sales and installation business at 1017 Aviation Boulevard to include this property. 2. The project includes expanding the automotive service building by 1,250 square feet extending all the way to the west property line, including remodeling the existing portion of the building into a higher profile building to provide a mezzanine level storage area for tires and tools, and site alterations involving new paving, grading, landscaping, and re -striping the existing parking area. The project will increase the number of service bays from 3 to 7, and increase on -site surface parking to 8 spaces. The project requires a Conditional Use Permit pursuant to Chapter 17.26 of the Zoning Ordinance, and a Precise Development Plan, pursuant to Section 17.58 of the Zoning Ordinance. 3. The subject properties are located on the north side of Aviation Boulevard between Ocean Drive and Bonnie Brae Street. 4. The subject properties are designated General Commercial on the General Plan, and zoned C-3, General Commercial, and project will eliminate the nonconforming resident use at 1001 Aviation and replace it with a commercial use which is consistent the General Plan and Zoning designations for the property. 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 3. Based on the foregoing factual findings the Planning Commission makes the following findings pertaining to the application for a Conditional Use Permit and Precise Development Plan: 1. The general criteria of Hermosa Beach Municipal Code Section 17.40.020 for granting or conditionally granting a Conditional Use Permit in the C-3 zone have been considered, and the general criteria of the Municipal Code Section 17.58.030 for granting a Precise Development Plan have been considered. In making this finding, the Planning Commission has determined that: a. The proximity of the business to existing residential uses to the north will not result in negative effects with incorporation of the conditions below. b. The amount of existing off-street parking facilities on the subject property is adequate for the proposed use. c. The use proposed is compatible with others in the area. d. Building and driveway orientation is appropriate to minimize noise and traffic impacts on nearby residential areas with incorporation of the conditions below. e. The business operations will not result in adverse noise, odor, dust or vibration environmental impacts with the incorporation of the conditions below. f. The proposed use will not result in an adverse impact on the City's infrastructure and/or services. g. The proposed business will not be materially detrimental to property or improvements in the vicinity and zone. h. The proposed business will be consistent with the General Plan and Zone Code because the C-3 zone permits motor vehicle sales and repair uses subject to a Conditional Use Permit. i. The C-3 zone, in which the proposed project is located, is intended to provide opportunities for the full range of office, retail and service businesses deemed suitable for the City and appropriate for Aviation Boulevard pursuant to Section 17.26.020 of the Zone Code. 2. The Planning Commission concurs with the Staff Environmental Review Committee's recommendation, based on their Environmental Assessment/Initial Study, that this project will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration. Section 4. Based on the foregoing, the Planning Commission hereby approves the subject Conditional Use Permit subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans as reviewed by the Planning Commission at their meeting of July 18, 2006, revised in accordance with the following: a). Decorative block, such as split face block shall be used for the exterior of the building. b) The applicant shall work with staff to enhance the architectural appearance at the roof line, with the use of eaves or banding, and the building faVade with a decorative trellis or other feature over the . service bay entries c) Decorative wrought iron fencing shall be used at the top of the sloping landscaped area in the front of the parking area 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 .26 .29 2. Prior to the issuance of building permits the properties that comprise the subject property shall be merged into one legal parcel. 3. A new minimum 8' height decorative block wall shall be constructed along the northerly property line (stepped down at the west end to allow for vision clearance at Ocean Drive for the adjacent residential driveway). 4. A five-foot wide landscaping strip pursuant to Section 17.26.shall be planed and maintained along the northerly property line, and shall be planted with trees 10-feet on center, with a final detailed landscape plan to reviewed and approved by the Community Development Director. The landscaped area along Aviation Boulevard shall be planted with appropriate shrubs and accent plants consistent with the conceptual landscape plan, to the satisfaction of the Community Development Director, and a detailed landscaped plan shall be submitted for review and approval. a) Automatic irrigation systems shall be installed for all landscaped areas b) The landscape plan shall be prepared by a licensed LandsapeArchitect. 5. The hours of operation shall be limited to between 8:00 A.M. and 6:00 P.M. Monday through Saturday and 9:00 A.M. and 6:00 P.M. on Sundays 6. The existing pole sign shall be removed and if replaced, it shall be limited to a monument sign, maximum 8-feet height with a decorative base. 7. The public right-of-way shall not be used for the parking or storage of vehicles that are intended for service or serviced vehicles waiting for pick-up. 8. All vehicle service shall be conducted inside the building containing the service bays. Outdoor work on vehicles is prohibited. Minor examination of operable vehicles for the purpose of estimates not lasting more than 15-minutes is allowable) 9. Use of customer/employee designated parking spaces for storing of vehicles for sale shall be prohibited. 10. Storage of vehicles, including trucks, tractors, trailers, RV's and automobiles in the parking areas or any other location on the premises shall be prohibited, except vehicles waiting for services or pick-up may be stored for a maximum of 72 hours. 11. There shall be no outside bells, buzzers, speakers, public announcement system, or similar apparatus. 12.Outdoor storage of derelict vehicles, auto parts, or other materials is prohibited. All parking areas shall be maintained free and clear of unregistered or derelict vehicles, parts or other materials at all times. 13. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance, Chapter 8.24 of the Hermosa Beach Municipal Code, and shall not create a nuisance to surrounding residential properties and/or commercial establishments. Noise emanating from the property shall be monitored to verify compliance with the noise ordinance in response to any complaints. 1 14. The air compressor and other other mechanical equipment shall be located within an enclosed area of the building or separate enclosure and adequately 2 sound proofed to meet the terms of the City's noise ordinance. 3 15. All exterior lights shall be located and oriented in a manner to insure that 4 neighboring residential properties and public right-of-way shall not be adversely affected. s 16. The exterior of all the premises shall be maintained in a neat and clean 6 manner, and maintained free of graffiti at all times. 7 17. Storage and disposal of hazardous waste materials shall be in accordance with the requirements of the Fire Department, and any other local, state or 8 federal laws, and in no event shall such waste material be allowed to drain into the storm drain system. Any temporary storage of hazardous materials 9 shall be within the building or a separate enclosure (not in the required rear setback area) and shall include a secondary containment system to prevent to spills from entering into the storm drains. 11 18. A detailed drainage and Stormwater Pollution Prevention Plan is required 12 for approval by the Public Works Department, and implemented on site, demonstrating that on -site drainage will be diverted to a filtering system 13 with final specification subject to approval by the Public Works, Department. 14 19. The applicant is responsible for all off -site right-of-way construction required by the Public Works Department. i5 16 20. The project shall comply with the requirements of the Fire Department. 21. Final building plans/construction drawings including site, elevation, floor �' plan, sections details si na a landscaping and irrigation, submitted for P � 7 � g g� p� g g 18 building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, 19 and approved by the Community Development Director prior to the issuance of any Building Permit. 20 22. The project and operation of the business shall comply with all applicable 21 requirements of the Municipal Code. 22 23. The Precise Development Plan Conditional Use Permit shall become null and void if not executed within two years of the date of the approval of this 23 Resolution. 24 25 Section 6. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed a the office of the Planning Division of the 26 Community Development Department their affidavits stating that they are aware of, and 27 agree to accept, all of the conditions of this grant. 28 The Conditional Use Permit and Precise Development Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the 29 issuance of a building permit. 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 29 Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employee to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of the State Government Code. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. The Planning Commission may review this . Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning. Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. VOTE: AYES: Allen, Hoffman, Kersenboom, Pizer NOES: None ABSTAIN: None ABSENT: Perrotti CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 06-20 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of July 18, 2006. July 18, 2006 Date _ F:\B95\CD\PC\2006\07-18-061CLJPRIOOI-Aviation.DOC 4iMM40 Sol Blume Id, ecretary