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HomeMy WebLinkAboutPC Resolution 06-32 - (1601 PCH)1 2 3 4 5 6 7 s 9 10 17 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2s 29 RESOLUTION NO.06-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR A CAR WASH `AUTO SPA' WITHIN THE PARKING STRUCTURE OF THE HERMOSA PAVILION AT 1601 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS A PORTION OF LOTS 13 AND 14, BLOCK 81, SECOND ADDITION TO HERMOSA BEACH. . The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Gene Shook to operate a automobile detailing business `Auto Spa' within the parking structure of the Hermosa Pavilion. Section 2. The Planning Commission conducted a public hearing to consider the application on October 17, 2006, at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission. Section 3. Based on the evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The applicant is proposing to occupy four parking stalls within the parking structure of the Hermosa Pavilion to operate an automobile detailing business. 2. The City's Zoning Ordinance requires a Conditional Use Permit to operate an automobile detailing business, which is similar in both use and intensity as a car wash. Section 4. Based on the foregoing findings, the Planning Commission makes the following findings pertaining to the application for a conditional use permit: 1. The site is zoned S.P.A. S and is physically suitable for the type and intensity of the proposed development and the proposed use complies with the development standards contained therein; 2. The project, as conditioned, will conform to all zoning laws and criteria and will be compatible with neighboring residential properties; 3. The project is located in a large commercial building, the Hermosa Pavilion, which contains a mix of commercial uses, including a health and fitness club, offices, and retail uses and large parking structure, containing sufficient shared parking to satisfy the peak demand of these mix of uses. The proposed use which occupies parking stalls that are in exceed of the required parking for the current and proposed use of the entire shopping center, does not conflict with the stated purpose and general intend of the commercial zone. 1 1 2 3 4 s 6 7 B 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4. The project is Categorically Exempt from the . requirement for an environmental assessment, pursuant to the California Environmental Quality Act Guidelines, Sections 15303(b) and 15315 with the finding that the project is in an area with available services. Section 5. 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 properly shall be in conformance with submitted plans, received and reviewed by the Commission at their meeting of October 17, 2006. 2. The business shall comply with all State and local laws and licensing requirements involving the operation of an automobile detailing or a car wash business. 3. The business shall not discharge water or fluids of any type into the storm drain system. 4. The operating hours shall be limited to between 8:00 A.M. and 11:00 P.M. 5. There shall be compliance with all requirements of the Building and Safety Division of the Community Development Department and Fire Department. 6. The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 7. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. S. Any significant changes to the parking layout, which would alter the primary function of the business as an automobile detailing or car wash business, or any changes that increase the intensity or type of use shall be subject to review and approval by the Planning Commission. 9. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. Section 6. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit, shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 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. 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Pennittee 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 attorneys 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. Section 7. 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. AYES: Allen, Kersenboom, Pizer NOES: Hoffinan, Perrotti ABSENT: None ABSTAIN: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 06-32 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 October 17, 2006. 0 � LAVV'---� Kent Allen, Chairman /6-1q-Z c(c� Date 17-091cupr06-9DOC 3