HomeMy WebLinkAboutPC Resolution 04-26 - (600 PCH)l
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P.C. RESOLUTION NO. 04-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW LIMITED
AUTOMOBILE SALES IN CONJUNCTION WITH AUTOMOBILE
REPAIR AT 600 PACIFIC COAST IDGHWAY LEGALLY
DESCRIBED AS A PORTION OF LOT 7, BLOCK 85 SECOND
ADDITION TO 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 Lena Manquel seeking approval of a Conditional
Use Permit Amendment to allow automobiles sales in conjunction with an existing automobile
repair business at 600 Pacific Coast Highway pursuant to the requirements of Section 17.40.020
of Zoning Ordinance;
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for the Conditional Use Permit Amendment on September 21, 2004,
at which testimony and evidence, both written and oral, was presented to and considered by
the Planning Commission. Based on the testimony and evidence received the Planning
Commission makes the following factual findings:
1. The applicant is proposing to sell previously owned automobiles in a limited area at
the subject location, which requires a Conditional Use Permit pursuant to Chapter
17.26 of the Zoning Ordinance.
2. The subject property is located on the northeast comer of Pacific Coast Highway
and 6th Street, with the automobile repair business located with access from 6th
Street only, behind the retail building which fronts on P.C.H.
3. The existing site, building and parking areas currently used for auto repair will not
be significantly altered, however, interior service bays used for auto repair are
proposed to become a showroom for auto sales purposes, thereby reducing the
available area for automobile repair.
4. The subject property is zoned C-3, and the existing automobile repair business
shares the site with a retail and office building.
Section 3. Based on the foregoing factual findings the Planning Commission makes
the following findings pertaining to the application for a Conditional Use Permit:
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1. The general criteria of Hermosa Beach Municipal Code Section 17.40.020 for
granting or conditionally granting a Conditional Use Permit in the C-3 zone have
been considered. In making this finding, the Planning Commission has
determined that:
a. The proximity of the business to existing residential uses to the east will not
result in negative effects with incorporation of the conditions below.
b. The amount of existing off-street parking facilities on the subject property is
adequate for the proposed use.
c. The use proposed is compatible with others in the area.
d. Building and driveway orientation is appropriate to minimize noise and traffic
impacts on nearby residential areas with incorporation of the conditions below.
e. The business operations will not result in adverse noise, odor, dust or vibration
environmental impacts.
f. The proposed use will not result in an adverse impact on the City's infrastructure
and/or services.
g. The proposed business will not be materially detrimental to property or
improvements in the vicinity and zone.
h. The proposed business will be consistent with the General Plan and Zone Code
because the C-3 zone pennits motor vehicle sales uses.
1. The C-3 zone, in which the proposed project is located, is intended to provide
opportunities for the full range of office, retail and service businesses deemed
suitable for the City and appropriate for Pacific Coast Highway pursuant to
Section 17.26.020 of the Zone Code.
2. This project is Categorically Exempt pursuant to 15301, Class 1 of the California
Environmental Quality Act Guidelines alterations to existing facilities.
Section 4. Based on the foregoing, the Planning Commission hereby approves the
subject Conditional Use Permit 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 21, 2004.
2. The parking areas shall be striped as per plans reviewed and approved by the
Community Development Department, and signed for customer parking, with
existing pavement identification for "sales" removed.
3. A "right turn only" sign shall be posted at the 6th Street driveway exit.
4. All vehicle service shall be conducted inside the building. Outdoor work on
vehicles is prohibited, with the exception of the initial diagnoses on vehicles.
5. Display of vehicles for sale shall not reduce or otherwise affect access to the
customer parking identified on the plans, and shall be limited to the designated
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area within the vehicle "showroom," located within the block building on the
easterly portion of the site adjacent to 6th Street
6. Use of customer/employee designated parking spaces for displaying or storing
of vehicles for sale shall be prohibited.
7. Public right-of-way shall not be used for the parking or storing of vehicles that
are intended for sale.
8. Storage of trucks, tractors, trailers and RV's in the parking and vehicle display
areas or any other location on the premises shall be prohibited.
9. ParkiDg or stopping on the public rights-of-way for the delivery of vehicles to
the subject property shall be prohibited.
10. The operating hours of the business shall be limited to between 8:00 A.M.
and 9:00 P.M. Monday through Saturday and 10:00 A.M. and 9:00 P.M.
Sunday.
11. There shall be no outside bells, buzzers, public announcement system, or
similar apparatus. Outside speakers audible beyond the property lines shall be
prohibited.
12. No outdoor storage of derelict vehicles, auto parts, or other materials. AU
parking areas shall be maintained free and clear of unregistered or derelict
vehicles, parts or other materials at all times.
13. Any new signs for the limited auto sales portion of the business will require the
submittal and approval of a comprehensive sign program for all the buildings
on the property.
14. Noise emanating from the property shall be within the limitations prescribed
by the City's noise ordiDance, Chapter 8.24 of the Hermosa Beach Municipal
Code, and shall not create a nuisance to surrouDding residential properties
and/or commercial establishments. Noise emanating from the property shall
be monitored to verify compliance with the noise ordinance in response to
any complaints.
15. All exterior lights shall be located and oriented in a .QJanner to insure that
neighboring residential properties and public right-of-way shalJ not be
adversely affected.
16. The exterior of all the premises shall be maintained in a neat and clean
manner, and maintained free of graffiti at all times.
17. The landscaped planter along 6th Street shall be p.lanted with appropriate
shrubs and accent plants to the satisfaction of the Community Development
Director.
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18. The applicant is responsible for all off-site right-of-way construction
required by the Public Works Department.
19. The project shall comply with the requirements of the Fire Department.
20. Final building plans/construction drawings including site, elevation, floor
plan, sections, details, signage, landscaping and irrigation, submitted for
building permit issuance shall 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 ·
21. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
22. The Conditional Use Permit shall become null and void if not executed within
two years of the date of the approval of this Resolution.
Section 6. 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 shall be recorded, and proof of recordation shall be submitted to
the Community Development Department prior to the issuance of a building 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 oflaw, 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.
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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.
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.
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:
NOES:
ABSTAIN:
ABSENT:
Allen, Hoffman, Koenig, Pizer, Perrotti
None
None
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 04-36 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 September 21, 2004.
LfJ~
Sam Perrotti, Chairman
September 21, 2004
Date
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