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HomeMy WebLinkAboutPC Resolution 13-33 - (1120 Aviation)P.C. RESOLUTION NO. 13-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO LEGALIZE AN EXISTING AUTO REPAIR USE (SOUTH BAY AUTO REPAIR AND TRANSMISSION FORMERLY AAMCO), OPERATING FROM 8:00 A.M. TO 6:00 P.M. MONDAY THROUGH FRIDAY AND 8:00 A.M. TO 4:00 P.M. SATURDAY AND SUNDAY, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT, AT 1120 AVIATION BOULEVARD, LEGALLY DESCRIBED AS LOTS 5, 6, 7, 14, 15 AND 16, BLOCK 149, REDONDO VILLA TRACT, CITY OF 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 Charles Swartz, on behalf of Harry Ackerman, owner of real property located at 1102 Aviation Boulevard, seeking approval of a Conditional Use Permit to legalize an existing auto repair use pursuant to the requirements of Sections 17.52.060(B), 17.26.030 and 17.40.020 of the Zoning Ordinance. Section 2. The Planning Commission conducted a duly noticed public hearings to consider the application for the Conditional Use Permit on September 17, October 15 and November 19, 2013 at which testimony and evidence, both written and oral, was 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: Pursuant to Municipal Code Section 17.52.060(B) which required nonconforming commercial uses to obtain a Conditional Use Permit (CUP) by 1992, the applicant has applied for a Conditional Use Permit to legalize an existing auto repair use that has been conducted at the existing single -story building since 1965, formerly known as AAMCO. The applicant proposes to continue operation of the existing auto repair use under a new name, South Bay Auto Repair and Transmission. Code enforcement staff has not received complaints related to the business operation. 2. The subject property is located on the south side of Aviation Boulevard, east of Prospect Avenue and abuts Il"' Place to the rear. Residential uses zoned R-1 are located to the southeast and south of the property, and C-3 zoned commercial uses are located along Aviation Boulevard. 3. The subject property is designated General Commercial on the General Plan and zoned C-3, General Commercial and granting of the Conditional Use Permit will legalize a long standing use and provide regulatory parameters to mitigate any environmental impacts. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application of a Conditional Use Permit, pursuant to Section 17.40.020 of the Municipal Code substantiating that the proposed auto repair uses will be compatible with existing and future uses in the vicinity and not be materially detrimental to property or improvements in the vicinity and zone: A. The proximity of the business to existing residential use to south and southeast will not result in negative impacts with incorporation of the conditions below. While the building is nonconforming to the required 8-foot side setback and does not provide the irrigated planter required by Section 17.26.050(I) adjacent to uses zoned R-1 to the southeast, the adjacent residential uses to the southeast and south sit at an elevation approximately 12 feet higher than the project site. The existing fence above the rear retaining wall along 11"' Place must be maintained to provide the screening. The configuration of the building tends to direct noise to the west, with parking located adjacent to the residential uses. The project is conditioned to reduce impacts to residential use by conducting all repair activities inside the service building and prohibit use of buzzers, bells or loud speakers. The code also specifically prohibits noise from engines, motors, and mechanical devices near residential district between the hours of 10:00 p.m. and 8:00 a.m. B. The amount of existing off-street parking facilities on the subject property is adequate for the proposed use. The proposed use requires 15 spaces (one per 1,000 square feet of lot area). A total of 26 parking spaces are provided on -site; 6 spaces in the service bays and 18 spaces are behind a chain link fence when the business is closed. Parking space striping is not readily visible and the project is conditioned on re -striping of the parking area and that handicap parking space be properly signed. C. There are no sensitive uses close to the site; the nearest church is located 547 feet to the west and no impacts are identified from the proposed use. D. There is one use on the site, which included brakes, tune-ups, transmissions, engines and other preventive maintenance checks; therefor there are no conflicts from multiple tenants. E. The proposed use is serviced by Aviation Boulevard, Prospect Avenue, 11"' Place and Harper Avenue which have street width of 80 feet and 40 feet respectively. The proposed use is not more intense than the immediate prior use and will not negatively impact traffic flow or traffic volume at the nearest street intersection of the project site. F. No changes to the site or decor is proposed, Signage is subject to sign permit and is conditioned to comply with sign ordinance in the C-3 zone. G. The ongoing use will not result in a concentration of similar uses in the area. H. The proposed use will not generate noise, odor, dust, vibration or impact to the city's infrastructure as indicated and this existing facility will not adversely impact City infrastructure and/or services. Service bay areas and driveway access are oriented away from adjacent residential uses to minimize noise and traffic impacts on nearby residential areas with incorporation of the conditions herein. Code enforcement has not received any complaints for the prior auto repair business. The use shall comply with Chapter 8.44 and provide a Standard Urban Storm Water Mitigation Plan and/or make any improvements complaint with this chapter required by the Public Works Department. I. Site improvements and code compliance is incorporated as project conditions to assure compatibility with the surrounding uses, and the city as a whole. The City's PCH/Aviation Blvd. Improvement Committee has prepared a study of ways to improve the aesthetics of the Aviation Blvd. corridor. Several new buildings have also improved the aesthetic of private properties. The pole sign located at the northwest corner of the project site does not incorporate a raised landscaped planter per Section 17.50.140(G) and there is no landscaping on -site. Given the lack of landscape on the site including landscaping adjacent to the residential use and the pole sign, and the city's efforts to enhance the corridor, landscaping is required be installed at the northwest corner of the property where submitted plans identified parking space #1, with parking space #1 relocated south of parking space #11, to provide approximately 200 square feet of planting area. As required by Chapter 8.12, solid waste facilities must also be enclosed, roofed and in compliance with the code. J. As conditioned the business will be consistent with the General Plan and Zone Code as the C-3 zone permits motor vehicle repair use subject to a Conditional Use Permit. Section 5. The project is Categorically Exempt from the California Environmental Quality Act per CEQA Guidelines, Section 15301, Class 1, as the project is continuation of an existing use in an existing facility with utility provided on a commercially zoned site within an urbanized area, and has no effects relating to traffic, noise, air or water quality, or to wildlife. Section 6. Based on the foregoing, the Planning Commission hereby approves the request for Conditional Use Permit (CUP 13-8), 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 September 17, October 15 and November 19, 2013, revised in accordance with the following: a) Relocation of parking space #1 to the south of parking space #11 and proper striping of the new parking space shall be provided within 12 months of this approval. b) Two hundred (200) square feet of landscaped area shall be provided on the site including at the northwest corner of the subject property to enhance Aviation Boulevard frontage while maintaining a vehicle drop-off space within 12-month of this approval subject to review and approval by the Community Development Director. Size, quantity and type of landscaping shall be subject to review and approval by the Community Development Director and comply with Chapter 8.60. c) A fence a minimum of 42 inches in height shall be maintained in good repair on the retaining walls. When any fences are replaced, the fence shall consist of a solid fence (cannot see through the fence) with finished surfaces approved by the Community Development Department. Building permits will be required. 2. The details of the project application and supplemental materials are incorporated as Conditions of Approval unless modified herein. Any changes to or reduction of onsite parking spaces including service bays shall be reviewed and approved by the Planning Commission. 3. The hours of operation shall be limited to Monday thru Friday 8:00 a.m. to 6:00 p.m., and Saturday and Sunday 8:00 a.m. to 4:00 p.m. 4. Test driving of vehicles on local residential streets shall be prohibited. 5. All repair or service activities shall be conducted solely within the service building or service bays. No painting, body work or similar uses shall be allowed. No washing of vehicles shall occur on the site. All outdoor work activity shall be prohibited. Vehicles shall only be parked in parking spaces and shall not be stacked on the lot. Minor examination of operable vehicles in the parking area for the purpose of making estimates not lasting more than 15 minutes is excluded. Outdoor storage of derelict vehicles, auto parts, or other materials is prohibited. All parking shall be maintained free and clear of unregistered or derelict vehicles, parts or other materials at all times. 6. A designated solid waste facility shall be provided within 12 months of this approval, said solid waste facility shall be out of public view, enclosed and roofed pursuant to Chapter 8.12. 7. The business shall comply with Municipal Code Chapter 8.24 (Noise Control) and noise from premises shall not constitute a public nuisance. a) Engines, motors and mechanical devices near residential district. The sustained, continuous or repeated operation or use between the hours of 10:00 p.m. and 8:00 a.m. of any motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine, contrivance, or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at the property line of the property from which the sound is emanating. 8. Uses of bells, buzzers, outdoor speakers or similar apparatus audible outdoor are prohibited. 9. Storage and disposal of hazardous materials shall be fully contained and stored in accordance with the Fire Department, local, state, and federal laws, and in no event shall such waste material be allowed to drain into the City storm drain system. Any temporary storage of hazardous materials shall be within the building or a separate enclosure and shall include a secondary containment system to prevent spills from entering into the storm drains. 10. All exterior of the premises shall be maintained in a neat and clean manner and free of graffiti at all time. Lattice fencing along the rear of the property (on 11'h Place) shall be maintained in good condition to buffer noise and unsightliness of the use from residential uses on the south side of 11th Place. 11. All exterior lighting shall be downcast and oriented in a manner to ensure that neighboring residential properties and public right-of-way shall not be adversely affected. 12. An application for a sign permit encompassing all signs on the property shall be approved by the Community Development Director. 13. The project shall comply with requirements of the Fire and Public Works Departments. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 14. The use and site shall comply with Chapter 8.44 and provide a Standard Urban Storm Water Mitigation Plan and/or make any improvements complaint with this chapter required by the Public Works Department. 15. If a review of this Conditional Use Permit occurs, the Planning Commission may amend the above conditions and/or impose any new conditions deemed necessary to mitigate detrimental impacts on the environment or neighborhood arising from use of the premise. 4 16. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. Section 7. 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. 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. Section 8. 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: Comms.Allen,Flaherty,Perrotti,Chmn.Hoffinan NOES: None ABSTAIN: None ABSENT: Comm.Pizer CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 13-33 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 November 19, 2013 - Peter l,loft v,Chairman November 19. 2013 11-1 . . . ............. Date e",'cn 1�(bbrtson, Secretary CUPRI 102 Aviation B1