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HomeMy WebLinkAboutPC Resolution 97-091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION P.C. 97-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW GENERAL AUTO REP AIR AT 303 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS EASTERLY 90 FOOT PORTION OF LOTS 27 AND 28 WALTER RANSON'S TRACT. WHEREAS, the Planning Commission held public hearings on February 18, 1997, to receive oral and written testimony regarding the Conditional Use Permit request and made the following findings: A The project is consistent with the General Plan; B. C. The site is zoned SP A 7 and is suitable for the type and intensity of the proposed use; The development, as conditioned below, will pose no threat to the public safety and welfare; D. This amendment is Categorically Exempt according to the California Environmental Quality Act Guidelines Section 15303c New Construction or Conversion of Small Structures. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a Conditional Use Permit Amendment at 303 Pacific Coast Highway, subject to the following conditions: SECTION I Specific Conditions of Approval : 22 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. 23 24 a. Any existing, or proposed improvements shall conform to the Hermosa Beach 25 26 Municipal Code; where necessary Building Permits shall be obtained. 27 2. 28 29 Parking spaces shall be properly striped according to the submitted plan. a. Vehicles for sale shall not be parked or located in the required parking area or any other outdoor area. 1 1 2 3 4 5 6 3. b. C. More than a maximum of 5 vehicles for sale on the premises at any given time is prohibited. All parking and other outdoor areas shall be maintained free and clear of unregistered and derelict vehicles, parts or other materials at all times . d. A "No Right Turn" sign shall be installed at the 3rd. St. driveway. Test driving of vehicles on residential streets shall be prohibited. 7 SECTION II General Conditions of Approval: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1. 2. 3. 4. 5. 6. 8. 9. The project and the operation shall comply with all applicable requirements of the Hermosa Beach Municipal Code including replacement of the required trash enclosure, and obtaining permits for banners. 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 pursuant to Chapter 8.44 of the Hermosa Beach Municipal Code. a . A grease interceptor shall be provided. There shall be no bells, buzzers, or similar apparatus audible outdoors. Outside speakers for any purpose shall be prohibited. All vehicle service shall be conducted inside the building. 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. The exterior of the premises including the parking areas shall be maintained in a neat and clean manner at all times. 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. SECTION III 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. 2 I 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 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 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. 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. SECTIONIV 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. 97-9 is a true and complete record of the action taken b the Planning Co ·ssion of the City of Hermosa Beach, California, at their regular mg ofFebru I , I 7 . Date cur9617 3