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HomeMy WebLinkAboutPC Resolution 97-561 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 P.C. RESOLUTION NO. 97-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN TO RECONFIGURE THE LAYOUT AND INCREASE THE COMMERCIAL FRONTAGE OF AN EXISTING LUMBER YARD SITE AND APPROVING AN OVER­ HEIGHT WALL AT 635 AND 705 PACIFIC COAST HIGHWAY The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Michael Learned, et al, owner in escrow of real property at 635 and 705 Pacific Coast Highway, seeking approval of a Precise Development Plan to reconfigure the layout and increase the commercial frontage of their existing commercial lumber yard and hardware/building supply store and for Conditional Use Permit to allow a 14- foot high wall where the commercial use abuts residential use. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Precise Development Plan on September 16, 1997, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission 1 7 Section 3. Based on evidence received at the public hearing, the Planning Commission 18 19 20 21 22 23 24 25 26 27 28 29 makes the following factual findings: 1. The existing lumber yard and building/hardware supply store have been in operation at the subject location since the 1920's 2. The lumber yard as currently configured, is located on 128 feet of frontage on Pacific Coast Highway with a depth of 290 feet, including 150 feet of frontage on 6th Street. Primary customer and employee access is from 6th Street. The frontage on P. C.H. is proposed to be expanded to 256 feet, and the overall depth from P.C.H. reduced to 165 feet. The frontage on 6th Street will be reduced to 60 feet. The total site area will be comparable, decreasing from 53 ,000 square feet to 49,000 square feet. The applicants are proposing to continue to operate the lumber yard and bu ilding/hardware supply store on the newly configured site, and to relocate the primary access and customer parking to the P .C.H. frontage . 3. The site is zoned for commercial use, with a specific designation of Specific Plan Area No. 7. A lumber yard is a permitted use in said zone, pursuant to Section 17 .2 6.030 of the zoning ordinance . 1 1 2 3 Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Precise Development Plan and Conditional Use Permit for an over-height wall: 4 1. The project is consistent with applicable general and specific plans, and is in 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 compliance with the me and development requirements of the zoning ordinance. 2. The site is zoned S.P .A. 7, Specific Plan Area-Commercial, and project and proposed use complies with the development standards contained therein (Section 9.68-6). 3. Compliance with the Conditions of Approval will mitigate any negative impact resulting from the issuance of the Precise Development Plan. 4. The use of an over-height wall of 14 feet is necessary to mitigate potential noise and visual impacts on the abutting residential uses. 5. 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 5. Based on the foregoing, the Planning Commission hereby approves the subject Precise Development Plan, subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans reviewed by the Planning Commission at their meeting of September 16, 1997. Modifications to the plan shall be reviewed and may be approved by the Community Development Director. 2. Commercial traffic intrusion onto 6th Street shall be minimized by eliminating all customer and truck delivery access from 6th Street, and providing internal vehicle circulation controls, such as signs and gates, to limit trucks and customers to the P.C.H. entrance only. Alternatively, use of 6th Street may be permitted as an exit only for truck traffic if it can be demonstrated by a qualified traffic consultant/engineer that a traffic control device such as a paved "knuckle" other paving treatment and/or driveway apron design will effectively preclude large truck traffic from right turn movements westbound on 6th Street. Said traffic control device is to be reviewed and approved by the City's Traffic Engineer and the Community Development Director. 3. The hours of operation of the lumber yard shall be limited to between 6:00 AM and 7:00 PM Monday thru Friday, and 8AM to 5PM Saturday and Sunday. This specifically prohibits the operation of any machinery, such as the saws and fork­ lifts, and the loading or unloading delivery trucks except during these operating hours. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4. The project shall comply with the requirements of the Public Works Department. 5. Final building plans/construction drawings including site, elevation, floor plan, sections, details, landscaping and irrigation, submitted for building permit issuance sha~I be reviewed for consistency with the plans approved by the Planning Commission and the conditions of this resolution, and approved by the Community Development Director prior to the issuance of any Building Permit. 6. 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 effected 7. The project and operation of the business shall comply with all applicable requirements of the Municipal Code 8. The Precise Development Plan shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 9. Each of the above Conditions of Approval 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. 10. 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 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 no thereafter be responsible to defend, indemnify, or hold harmless the City. 11. 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. 12. 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 3 1 2 3 4 Section 5. 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. 5 VOTE : AYES: Comms. Perrotti, Pizer, Schwartz, Chmn. Tucker None 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NOES: ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 97-56 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their reLleting nte er I 6, I 997 . ~Secretary Date pc\sept\rspdp705 4