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HomeMy WebLinkAboutPC Resolution 95-07 - (845 PCH)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 P.C. RESOLUTION NO. 95-7 AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AUTHORIZING THE REPAIR AND/OR REPLACEMENT OF VEIDCLE UPHOLSTERY AND CONVERTIBLE TOPS AT 845 PACIFIC COAST IDGHWAY, LEGALLY DESCRIBED AS LOTS 27 AND 28 OF TRACT 223. WHEREAS, the Planning commission held a public hearing on February 21 , 1995, to receive oral and written testimony and made the following findings: A. B. C. D. The site is adequate in size and can provide sufficient parking areas in conjunction with the adjacent lot to support all business activity; The development, as conditioned, poses no threat to the public health, safety, and welfare; The proposed use is compatible with surrounding commercial activities along Pacific Coast Highway and the imposition of conditions as required by this resolution will mitigate any environmental or negative impacts on nearby commercial and residential properties; The site is zoned C-3 an<l the development is consistent with the General Commercial, Gener~! Plan designation; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City Council of the City of Hermosa Beach, California, does hereby approve a Conditional Use Permit to allow repair and/or replacement of vehicle upholstery and convertible tops subject to the following: SECTION I. Conditions of Approval: 1. 2. 3. 4. The location of structures and features on the property shall be in substantial conformance with submitted plans as revised in accordance with the conditions below; any modification shall be submitted to the Community Development Director for approval. The parking area shall be resurfaced and striped, in accordance with approved plans and to zoning standards. Said plans shall be submitted to the Community Development Department within ninety (90) days and said improvements shall be completed within six (6) months from the date of approval of this resolution, and shall be permanently maintained, and designed to include both lots 27 and 28. A landscape plan indicating the type, size and quantity of plant material, automatic sprinkler system for the westerly property line shall be submitted for review and approval by the Community Development Director within ninety (90) days of approval and implemented within six ( 6) months. The fencing along the west property line shall be refurbished or replaced to the satisfaction of the Community Development Director. r 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 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. The exterior appearance of the building shall be permanently maintained. All exterior · ivood surfaces and trim shall be refinished within six ( 6) months from the date of approval · of this resolution. -Tue-exterior of the premises including the parking areas shall be maintained in a ·near and clean manner at all times. All outdoor parking and driveway areas shall be maintained, free of unregistered and _ derelict vehicles, _ wrecked vehicles and/or parts and debris (including temporarily dismantled and/or gutted vehicles). Storage of vehicles, including trucks, tractors, trailers, recreational vehicles, and automobiles in the outdoor parking areas shall be prohibited ( except vehicles waiting for service or pick-up may be stored for a maximum of 24 hours). All work shall 'be conducted inside the building. All outdoor work activities shall be prohibited ( minor examination of vehicles for the purpose of estimates or final detail touch- ups not lasting more than 15 minutes is allowable). The public right-of-way shall not be used for the parking or storing of vehicles that are intended for service. The property shall be in compliance with all Municipal Code requirements. Outsic;ie speakers or similar apparatus, for any purpose, are 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 a nuisance to the surrounding residences and commercial establishments. All exterior lights shall be located and oriented in a manner to insure that neighboring residential property and the public right-of-way are not adversely affected. All signs must comply with the City sign ordinance. Proper sign permits must be obtained from the Community Development Department, Building Division. Disposal of any form of hazardous waste material shall be in accordance with local, state, and federal laws, and in no event shall such waste material be allowed to drain into the City storm drain system. Lots 27 and 28 of Tract 223 shall be merged and enforcement of the Conditional Use Permit shall be for both lots. SECTION II. This grant shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the Community Development Department, Planning Division their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. 2 ... , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1a 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 Planning Division of 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 an 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 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. SECTIONID 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: NOES: ABSTAIN: ABSENT: Comms.Di Monda,Marks,Merl, Tucker, Chmn.Dettelbach None None None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 95-7 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 ofFebruary 21 , 1995 Alan M. Dettelbach, Chairman Date 3