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HomeMy WebLinkAboutPC Resolution 95-04 - (828 PCH)2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION P.C. 95-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW RETAIL SALES OF MOTORCYCLES, MOTORCYCLE PARTS AND ACCESSORIES, AND MOTORCYCLE REPAIR AT 828 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS LOTS 3 AND 8, TRACT NO. 8386, AND ADOPTION OF AN ENVIRONMENT AL NEGATIVE DECLARATION WHEREAS, the Planning Commission held public hearings on October 18, November 15, December 6, 1994, and January 17, 1995, to receive oral and written testimony regarding the Conditional Use Permit request and made the following findings: A. B. C. The project is consistent with the general plan; The site is zoned C-3 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; ' 15 D. Design of the proposed project is compatible and consistent with applicable elements of the City's General Plan and with the requirements of the C-3 zone; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 E. An environmental assessment has been conducted, and the proposed project, with the incorporation of mitigating conditions below, will cause a less than significant environmental impact. 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 828 Pacific Coast Highway, and adopt an Environmental Negative Declaration, subject to the following conditions: SECTION I Specific Conditions of Approval: 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. .. 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 2. 3. 4. 5. 6. 7. 8. The hours of operation shall be limited to the hours between 10:00 AM. and 6:00 P.M. on Monday through Saturday and from 10:00 AM. to 4:00 P.M. on Sundays, except that repairs shall be strictly prohibited on Sundays. Repair, service, and maintenance of motorcycles shall be for minor repairs only. For the purposes of this conditional use permit, minor repairs consist of the removal and/or installation of parts and accessories sold at this location and shall not include repair or service associated with the moving parts of the vehicle such as the engine, the wheels, lubrication systems or exhaust systems. Minor repair activities shall be conducted indoors with the doors closed. The subject lots to be developed shall be merged together, pursuant to Section 29.5-29, prior to the issuance of building permits. A "no right tum" sign shall be posted at the driveway exit. All parking spaces shall be properly striped with appropriate signs posted indicating that the spaces are for employees and customers of South Bay Cycles only. a. Vehicles or parts for sale shall not be parked or located in the required parking area or on the public sidewalk. b. All parking areas shall be maintained free and clear of unregistered and derelict vehicles or parts at all times. c. A handicapped parking space shall be provided d. Parking shall be as conceptually shown on the attached exhibit. Three (3) copies of a revised landscaping plan indicating size, type, and quantity of plant materials (including trunk diameter at planting time) shall be submitted to the Community Development Director for review and approval prior to the issuance of Building Permits. a. An automatic landscape irrigation system shall be provided, and shall be shown on plans. b. The type of trees provided along the length of the east property line shall be appropriate for buffering purposes and shall be a minimum 24" box size. c. Landscape plans shall be as conceptually shown on the attached exhibit. Three copies of detailed plans for signage shall be submitted for review and approval by the Community Development Director prior to the issuance of permits and shall comply with the following: 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 9. 10. 11. 12. 13 . a. The plans shall be consistent with the plan for signs included on the submitted plans. b. Any minor modification of the sign plan shall be subject to review and approval by the Community Development Director, while significant changes require approval by the Planning Commission. Final building plans/construction drawings including site, elevation, floor plan, sections, details, landscaping and irrigation, submitted for building permit issuance shall be reviewed for consistency with the plans approved by the Planning Commission, and approved by the Community Development Director prior to the issuance of any Building Permit, and shall comply with the following: a. A landscaped strip shall be provided along the east property line with a minimum width of five (5) feet, (measured from the property line to the outside of curb), in conjunction with a 6-foot high decorative block wall as required by condition #5. b. The proposed parking space for employee parking only, located behind the roll-up door shall be eliminated. c. A handicap parking space shall be indicated with appropriate dimensions and loading and unloading area. Motorcycles to be serviced shall enter the building through the rear door, utilizing the proposed lift to lower the motorcycles into the repair area, as described and depicted on the submitted plans. Motorcycle engines shall be turned off immediately upon parking, any further maneuvering of the motorcycle from the parking lot to the service area shall be conducted by walking the motorcycle with the engine turned-off a. Signage shall be provided in a conspicuous location, subject to review and approval by the Community Development Director, at the driveway entrance to notify customers that engines shall be turned off immediately. Seating for congregations of individuals for the purpose of eating, drinking, or extended conversation is prohibited. Snacks and/or beverages shall not be sold or distributed freely from premises and only beverages may be offered on a complementary basis to customers. a. Advertising the availability of snacks or beverages is prohibited The police chief may determine that a continuing police problem exists whether due to noised caused by customers, or loitering, and may require the presence of a police approved security personnel, to be paid for by the applicant/owner. Upon making this determination the police chief shall submit a report to the Planning Commission, which shall automatically trigger review of this conditional use permit 3 2 3 4 5 6 7 8 9 14. 15. 16. a. The applicant/owner shall provide a security perfonnance bond, at an amount determined by the Police Chief, cover any excess cost to the City of excessive police service necessary to control noise or loitering problem on, or adjacent to, the establishment. The attic proposed to be added to the interior of the building shall be for storage purposes only and shall never be converted to additional floor area. Test driving of vehicles shall be prohibited. Revving or testing of engines on the premises, or on the public sidewalk or parking areas in front of the business shall be prohibited. A sign shall be posted in a conspicuous location to that patrons be considerate of the neighbors. 1 o SECTION II General Conditions of Approval: 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. The project and the operation shall comply with all applicable requirements of the Municipal code. 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 stonn drain system. There shall be no bells, buzzers, or similar apparatus audible outdoors. Outside speakers for any purpose shall be prohibited. All motorcycle service shall be conducted inside the building with the doors closed. Outdoor work on vehicles prohibited. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance, Article 19.5 of Hennosa Beach Municipal Code, and shall not create nuisance to the surrounding residences and commercial establishments. Creating loud or obnoxious noise shall be prohibited. a. b. Violation of the noise ordinance or related State laws shall be grounds for revocation of the conditional use permit. A sign shall be posted in a conspicuous location to request patrons to use baffle equipment, and to note that free installation of baffles is available upon request. c. No modifications to mufflers shall be made by the shop which increase noise. The exterior of the premises including the parking areas shall be maintained in a neat and clean manner at all times. 4 2 3 4 5 6 7. 8. 9. 7 10. 8 11. 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 affected. Storage of trucks, tractors, trailers, RV's or other similar vehicles in the parking area or 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. The project shall comply with the requirements of the Public Works Department as contained in the attached memorandum dated August 10, 1992. The project shall comply with the requirements of the Fire Department as contained in their notes dated August 5, 1992. 9 10 11 SECTION III 12 1. 13 14 15 2. 16 17 3. 18 19 20 21 22 23 24 25 26 27 28 29 4. 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 D epartment 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 any 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, 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 pennittee 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. 5 ~. 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 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. 5. The Conditional Use Permit shall automatically expire within one (1) year of the date of approval of said entitlements unless permittee and/or owner(s) have commenced construction of the project, unless an extension to said time period has been granted by the Planning Commission. 6. This Conditional Use Permit resolution supersedes Resolution P.C. 92-71. SECTION IV 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: A YES: Comms.Di Monda,Marks,Merl, Tucker, Chmn.Dettelbach NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 95-4 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 January 17, 1995. Date y/c:pcrs828 6 ----.J -·'I•- 1 2 Flowering Ground Cover Gazania ; Driveway I I 9 ., . .- 3 Landscape/Parking Plan C.l'"\1 .+~h~, Ir, trio~ 4 I ' I 10 I ' I 8'-6" 5 6 7 Evergreen Pear.Tret- 24" ,Box, 9 Re~'d Wheeler's Dwarf 5 Ga!. 56 Re'l'd ~ 9'-0" -B . . ----+ Scale: 1/8"=1'-0" ITV OF HERMOSA BEACH ~ • v UNort: C:OMMTTNTTY DEVELOPMENT DEPARTMENT .' .... .... ~ _,,......, .. ... r- ,· CITY OF HERMOSA BEACH MEMORANDUM TO: Ken Robertson, Associate Planner FROM: . . ......P'/? ~ Lynn Terry, Deputy city Engineer t?\, _.-;:-&---( SUBJECT: 828 Pacific Coast Highway DATE: August 10, 1992 This memo is in response to your memo dated July 30, 1992, addressed to Bill Grove, Acting Public Works Director. The Public Works Department has the following conditions: 8th Place: 1. Replace existing curb cut at east property line and construct new 8 11 curb and 1811 gutter from existing score line 6 feet east of east property line to the existing score line 7 feet . west of east property line. 2. Replace existing driveway approach and construct new 20 foot wide, 6 11 thick driveway approach to line up with proposed on-site driveway. Pacific coast Highway: 1. Replace 3' x 3' existing dirt area in sidewalk with 4 11 thick concrete sidewalk at south property line. (Field checked August 6, 1992) Admin/pchmem -8 - ( -, ;t;O.'~~V;!'F"I 'I'-"{ ..... t. i, .,t..,P ~ ... ~ ;I -· ,-. ""OS~ ~n...,11 .:,.,c ~~ ~ y J1 J ' : -·-----1 -· I I - I i --· ! ._, .: I I~ ', ....... ,' . ·•. -4 --r -= ' < ;_:::~',/{,~-:;~;~ z s : J_~{ ··~ I ~ 0 . -' ;vet ct· 1) ,lo t.1 · f ,..., ... ,J J' .,,, // ~-'7) n 1,r'e,rf#JI · t:,.2,.'e; ·v ,:-4' O'-"VI , l>t-<:. op.f! 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