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HomeMy WebLinkAboutPC Resolution 09-26 - (1017 Aviation, Ocean Tire)P.C. RESOLUTION NO.09-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN TO RETAIN AN EXISTING POLE SIGN, AND DENYING THE REQUEST TO MODIFY THE APPROVED PLANS WITH RESPECT TO LANDSCAPING, IN CONNECTION WITH THE EXPANSION OF A MOTOR VEHICLE REPAIR BUSINESS (OCEAN TIRE) AT 1017 AVIATION BOULEVARD, LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 2, G.G. ALLEN SUBDIVISION, 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 Ron Rosinsky, property and business owner of Ocean Tire seeking approval of a Conditional Use Permit 09-7 and Precise Development Plan 09-11 amendment to retain an existing pole sign and to modify the approved plans with respect to landscaping and other minor changes in connection with the expansion of a motor vehicle repair business at 1017 Aviation Boulevard. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for the amendment to Conditional Use Permit and Precise Development Plan on September 15, 2009, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Section 3. The project is Categorically Exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines Section 15301, since the proposal involves minor exterior changes to an existing urbanized site with relation to an existing sign and required landscaping wherein the use will not be intensified and the proposal does not have the potential to increase occupancy, noise or disturbances, parking or other impacts. Section 4. Based on the testimony and evidence received, the Planning Commission makes the following factual findings: 1. A Conditional Use Permit and Precise Development Plan was approved on July 18, 2006 (P.C. Resolution 06-20) to demolish an existing nonconforming residence at 1001 Aviation Boulevard (AKA 1208 Ocean Drive), and remodel and expand the existing automotive repair and fire sales and installation business at 1017 Aviation Boulevard to include this property. 2. The applicant is requesting to delete Condition of Approval 6 in P.C. Resolution 06-20 due to applicant's concerns over project costs and applicant's preference to retain the existing pole sign which provides more visibility from Aviation Boulevard than would the monument sign indicated the approved plan. 3. Condition of Approval 6 in P.C. Resolution 06-20 required the existing pole sign to be removed as part of the expansion project, and if replaced, a monument sign is allowed with decorative base within the landscaped planter proposed on the plans at the southeast corner of the property. The existing pole sign was nonconforming to Municipal Code Section 17.50.140(G), which permits pole signs in the C-3 zone as follows: "No pole sign may have more than one sign can attached to it and all pole signs shall incorporate a raised landscaped planter." The existing 18.5 foot high pole sign is conforming to height; however, the pole sign has two sign cans attached and no planter. 4. The application is requesting to eliminate the proposed 182 square feet of landscaping area at the southeast property comer as shown on the plans approved by the Planning Commission, due to concerns over vehicle maneuverability and vision clearance at the southeast property corner. Section 5. Based on the foregoing factual findings and pursuant to H.B.M.C. Sections 17.40.020 and 17.58.030, the Planning Commission makes the following findings: 1. The existing pole sign with two sign cans has the appearance of and functions the same as one can sign, its design and location are not overly intrusive, and it does not detract from the streetscape. With few modifications, the sign can be made conforming to Municipal Code Section 17.50.140(G), the vision clearance required by Section 17.46.060 will be maintained to a greater degree by retaining the pole sign than if a monument sign were erected within the required southeast landscape planter, and records for the Conditional Use Permit and Precise Development Plan approved on July 18, 2006 (P.C. Resolution 06-20) and for this amendment do not indicate evidence of opposition to retaining the existing pole sign. The 182 square foot landscaped area at the southeast property corner shown on the approved plans provides a visual screening between the street and the parking lot and service bays, and thereby contributes to and will enhance the improvement of the streetscape and the pedestrian environment. Intersection geometrics allow vehicles turning onto Aviation Boulevard to pull forward for visibility and landscaping can be installed in a manner so that the 36-inch height limit of the 'vision clearance' required by Municipal Code Section 17.46.060 will be maintained, such that the landscaped area will not pose a hazard to motorists or pedestrians. Section 6. Based on the foregoing, the Planning Commission hereby denies the request to delete the 182 square feet landscaped area at the southeast property as shown on the plans incorporated into the approval on July 18, 2006, and approves the request to retain the existing pole sign subject to the following Conditions of Approval: 1. Condition 6 in Resolution 06-20 approved on July 18, 2006 is hereby amended to read: "The existing pole sign may be retained, provided that the sign shall be made conforming to Municipal Code Section 17.50.170 as determined by the Community Development Director." 2. All other provisions and Conditions of Approval set forth in P.C. Resolution 06-20 shall remain valid and in full force and effect. 3. This Conditional Use Permit and Precise Development Plan Amendment shall become null and void if not executed within one year of the date of approval of this Resolution. Section 7. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed a 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 and Precise Development Plan Amendments shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of any building or sign permit. 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. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third parry against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorneys fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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 Precise Development Plan 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,Darcy,Perrotti,Pizer,Chmn.Hoffman NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. No. 09-26 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 20, 2009. ,A Peter o n. Chairman obe son, Secretary October 20, 2009 Date