HomeMy WebLinkAboutPC Resolution 96-402
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RESOLUTION P.C. 96-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
RETAIL SALES OF MOTORCYCLES, ACCESSORIES, AND MOTORCYCLE REPAIR AT
424 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS LOT 22 GARDEN
VIEW TRACT AND ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE
DECLARATION
WHEREAS, the Planning Commission held public hearings on October 29, 1996, to
receive oral and written testimony regarding the Conditional Use Permit request and made the
following findings:
A.
B.
The project is consistent with the General Plan;
The site is zoned SP A 7 and is suitable for the type and intensity of the proposed use;
C. The development, as conditioned below, will pose no threat to the public safety and
welfare;
15 D. An Environmental Assessment has been conducted, and the proposed project, with the
incorporation of mitigating conditions below, will cause a less than significant
environmental impact.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Hermosa Beach, California, does hereby approve a Conditional Use Permit at 424 Pacific Coast
Highway, and adopt an Environmental Negative Declaration, subject to the following conditions:
SECTION I Specific Conditions of Approval:
1. The proposed development shall be in substantial conformance with submitted plans. Any
minor modification shall be reviewed and approved by the Community Development
Director.
a. Any existing, or proposed improvements shall conform to all city ordinances,
where necessary Building Permits shall be obtained.
27 2. The hours of operation shall be limited to the hours between 10:00 A.M. and 6:00 P.M.
on Monday through Saturday and from 10:00 A.M. to 4:00 P.M. on Sundays, except that
repairs shall be strictly prohibited on Sundays. 28
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5.
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Repair, service, and maintenance of motorcycles shall be for minor repairs only. For the
purposes of this Conditional Use Permit, minor repairs consist of the removal and/or
installation of parts and accessories sold at this location and shall not include repair or
service associated with the moving parts of the vehicle such as the engine, the wheels,
lubrication systems or exhaust systems. Minor repair activities shall be conducted indoors
with the doors closed.
Parking spaces shall be properly striped in the rear of the building and shall be for
automobile parking only ..
a.
b.
Vehicles or parts for sale shall not be parked or located in the required parking
area or any other outdoor area.
All parking and other outdoor areas shall be maintained free and clear of
unregistered and derelict vehicles, parts or other materials at all times.
Motorcycles to be serviced shall enter the building through the rear door.
Motorcycles shall be driven from the front entrance to the rear of the building and visa
versa by employees only, and shall not exceed 5 MPH in the alley.
Test driving of vehicles shall be prohibited. Rewing or testing of engines on the premises,
or on the public sidewalk or parking areas, or in front of the business shall be prohibited.
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SECTION II General Conditions of Approval:
2.
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The project and the operation shall comply with all applicable requirements of the
Municipal code.
Disposal of hazardous waste material shall be in accordance with local, state, and federal
laws, but in no event shall such waste material be allowed to drain into the City storm
drain system.
There shall be no bells, buzzers, or similar apparatus audible outdoors. Outside speakers
for any purpose shall be prohibited .
All motorcycle service shall be conducted inside the building with the doors closed.
Outdoor work on vehicles is prohibited.
Noise emanating from the property shall be within the limitations prescribed by the City's
noise ordinance, Article 19.5 of Hermosa Beach Municipal Code, and shall not create
nuisance to the surrounding residences and commercial establishments.
a. Violation of the noise ordinance or related State laws shall be grounds for a
citation or revocation of the Conditional Use Permit.
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b . No modifications to mufflers shall be made by the shop which would cause an
increase in noise, and any motorcycles with a deficient mufflers/baffles shall be
equipped with mufflers before being moved .
The exterior of the premises including the parking areas shall be maintained in a neat and
clean manner at all times .
All exterior lights shall be located and oriented in a manner to insure that neighboring
residential property and public right-of-way shall not be adversely affected .
Storage of trucks, tractors, trailers, RV's or other similar vehicles in the parking area or
any other locations on the premises shall be prohibited.
The public right-of-way shall not be used for the parking or storing of vehicles that are
intended for sale, detailing, or other purposes. Unloading of vehicles shall be prohibited
on public streets .
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SE CTI ONID
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 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 ofrecordation shall be submitted
to the Community Development Department. Each of the above conditions is separately
enforced, and if any of the conditions of approval is found to be invalid by a court oflaw,
all the other conditions shall remain valid and enforceable .
Permittee shall defend, indemnify and hold harmless the City, its agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void or annul this permit approval, which action is brought
within the applicable time period of Government Code Section 65907. 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 not 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.
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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.
SECTION IV
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.
VOTE: AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker
NOES: none
ABSTAIN: none
ABSENT: none
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 96-40 is a true and complete record of the action
take~~e Planning Commis ·on of the City of Hermosa Beach, California, at their regular
meet /4 October 2 1996.
Pe Tucker, Chairm
/1-11-q,
Date
cur9612
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