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Home My WebLink AboutPC Resolution 94-07 - (840 PCH).. 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 RESOLUTION P.C. 94-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, AS AMENDED TO ALLOW AN AUTO.REPAIR BUSINESS IN CONJUNCTION WITH AN EXISTING AUTO DEALERSHIP AT 840 PACIFIC COAST HIGHWAY, LEGALLY DESCRIBED AS LOTS 1, 2, AND LOT 9, TRACT 8386. WHEREAS, the Planning Commission held a public hearing on March 1, 1994 to receive oral and written testimony regarding this matter and made the following findings: A. The applicant is proposing to conduct an auto repair business in conjunction with an existing auto dealership; B. The proposed use is comp~tible with surrounding area and is consistent with the General Plan and Zoning Ordinance; C. -The imposition of conditions will mitigate any significant impacts associated with the proposed use; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve Conditional Use Permit, to allow an auto repair business in conjunction with an existing auto dealership, at 840 Pacific Coast Highway, subject to the following conditions, which supercede the conditions of P.C. Resolution 89-89: SECTION I: General Conditions of Approval: 1. The development and continued use of the property shall be in substantial conformance with the submitted plans received and reviewed by the Planning Commission. Any minor modification shall be reviewed and may be approved by the Planning Director. 2. The project and the continued operation of the business shall comply with all applicable requirements of the Municipal Code. 3. 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. 4. Trash dumpsters u·sed in conjunction with the business shall be enclosed in a trash enclosure in accordance with Chapter 27 A of the Municipal Code. a. Plans for complying with this requirement shall be submitted for approval to the Planning Director prior to installation. Building permits must be obtained prior to installation. 5. The public right-of-way shall not be used for the parking or storing of vehicles that are intended for service, for sale, or for parking or storing of employee vehicles. 6. An employee who is aware of the conditions of this conditional use permit shall be on the premises during business hours. a. All management employees shall be given a copy of the conditional use permit and shall acknowledge by signature that the conditional use permit has been read and understood. 7. Test driving of vehicles on local residential streets shall be prohibited. 8. -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 storm drain . ' 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 •' 28 system .. 9. Examining, installing, or repairing car alarm systems shall be prohibited .. 10. There shall be.no bells, buzzards or similar apparatus audible outdoors. Outside speakers for any purpose shall be prohibited. 11. Noise emanating from the subject property shall be within the limitations prescribed by the City's Noise Ordinance Article 19.5 of the Hermosa Beach Municipal Code, and shall not create a nuisance to the surrounding residences 12. The exterior of the premises including the parking areas shall be maintained in a neat and clean manner at all times. 13. All outdoor parking and driveway areas shall be maintained free of unregistered and derelict vehicles and / or parts and debris. 14. Storage of vehicles, including trucks, tractors, trailers, recreational vehicles, automobiles and equipment in the outdoor parking areas shall be prohibited. 15. Any violation of the conditions and / or violation of the Hermosa Beach Municipal Code · shall be grounds for an immediate revocation and / or citation. 16. All auto repair and detailing shall be conducted inside the buildings, and all outdoor work activities shall be prohibited ( minor examination of vehicles for the purpose of estimates not lasting more than 15 minutes, and the initial washing of cars is allowable). 17. The washing of vehicles outside is permissible, however, the use of non-biodegradable soaps and solvents is prohibited. Washing of vehicles shall not be permitted in the public street. 18. The Planning Commission may review the amended conditional use permit and may amend the subject conditions if deemed neccessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 19. Site drainage and filtering, and any necessary oil trap systems shall be in accordance with Public Works, Health, and Building and Safety Department requirements. SECTION II: SITE SPECIFIC CONDITIONS: 1. Permitted operation hours for car sales is 7:00 AM to 9:00 PM. Auto repair activities may · -take place from 7:00 AM to 7:30 PM. 2. The existing landscaping that is provided in the flower planter boxes shall be properly maintained SECTION ill: This grant shall not be effective for any purposes until the permittee and the owner of the property involved have filed at the office of the Department of Planning their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit shall be recorded with Los Angeles County, and proof of recordation shall be submitted to the Planning 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 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 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 pennittee 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 compliarice sball be a violation of these conditions. SECTION ill: Any violation of these conditions of approval and / or violation of the Hermosa Beach Municipal Code may be grounds for a public hearing for the revocation of the Conditional .Use Permit. 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. Dettelbach, Di Monda, Marks, Suard, Chmn. Merl NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 94-7 is a true and complete record of _the action taken by the Planning Commission of the City of Hermosa Beach, California, at the· gulill' meeting of March 1, 1994. _ /4 _ ' 1/., Rod Merl, Chairpe 5-IS--$7(f-Date