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HomeMy WebLinkAboutPC Resolution 92-66 - (2212 PCH)1 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P.C. RESOLUTION 92-66 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO AUTHORIZE AUTO REPAIR AT 2212 PACIFIC COAST HIGHWAY (SOLA MOTOR WORKS) LEGALLY DESCRIBED AS PORTION OF LOTS 3 & 4, TRACT NO. 2143. WHEREAS, the Planning Commission held a public hearing on November 17, 1992 to receive oral and written testimony regarding an application for a Conditional Use Permit, at 2212 Pacific Coast Highway and made the following findings: A. The applicant is requesting a conditional use permit to regulate the prior legal existing use of auto repair, -as required by Section 13-5; B. The site is zoned SPA-8 and the building and the site are adequate in size to provide sufficient parking to support the existing business activity; c. The development, as conditioned, poses no threat to the public health, safety, and welfare; D. The existing use is compatible with surrounding office and commercial activities and the imposition of -·conditions as required by this resolution will mitigate any environmental or negative impacts on nearby residential properties; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the city of Hermosa Beach, California does hereby approve a Conditional Use Permit to allow an auto repair business on said property subject to the following: SECTION I Conditions of Approval 1. 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 modif icatio!l shall be submitted to the Planning Director for approval. -1 - 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 2. A trash enclosure shall be provided with a minimum 5-foot high masonry enclosure and view obscuring gate in accordance with Building Department requirements. Plans shall be submitted to the Planning Director for approval and permits shall be obtained from the Building Department prior to construction. (building permits must be obtained no later than six months from the date of approval of this application) 3. The existing planter and landscaping at the southeast corner of the property shall be permanently maintained. 4. The hours of operation for auto repair activity shall be limited to between 7:00 a.m. and 7:00 p.m. (unless further restricted by an approved parking agreement on file in the planning department). Customer vehicles may be scheduled for pick-up or dropped off beyond normal repair hours. 5. The exterior of the premises including . the parking areas shall be maintained in a neat and clean manner at all times. 6. The abatement of graffiti shall be continuously maintained -on all portions of the lot. 7. All outdoor parking and driveway areas shall be maintained free of unregistered and derelict vehicles, wrecked vehicles, and/or parts and debris. 8. Storage of vehicles, including trucks, tractors, trailers, recreational vehicles, and automobiles in the outdoor parking areas or any other location on the premises outside of the main building shall be prohibited. 9. The parking area may be used to provide off-site parking for nearby businesses only when the business is closed (in which case the hours of operation shall be stated in an approved parking agreement which shall be kept on file in the planning department) . 10. Usage of residential streets and/or Pacific Coast Highway for parking employee vehicles, or customer vehicles intended for service is prohibited. 11. Test driving of vehicles on local residential streets shall be prohibited. 12. All automobile service shall be conducted inside the building, and all outdoor work activities shall be prohibited (minor examination of operable vehicles for the purpose of estimates not lasting more than 15 minutes is allowable). 13. There shall be no auto-body repair; and painting is prohibited. 14. There shall be no bells, buzzers, or similar apparatus. Outside speakers for any purpose shall be prohibited. · -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 15. Examining, installing, or repairing car alarm systems shall be prohibited. 16. 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 system. 17. 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 commercial/office and residential establishments. 18. All exterior lights shall be located and oriented in a manner to insure that neighboring residential and/or office properties, and the public right-of -way, shall not be adversely affected. 19. All signs must comply with the City sign ordinance. Existing signage, if not in compliance with the sign ordinance shall be corrected within four months from the date of adoption of this resolution. Proper sign permits must be obtained from the Department of Building and Safety. SECTION II 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. i:.::::o t,--A:> The Conditional Use Fermi t shall be recorded with Los Angeles County, and proof of recordation ~hall be submitted to the Planning Department. -p ____ Q __ ;_.¼ r·· (, + ;, ,~ i \ (· . 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 shal l cooperate fully in the defense. If the City fails to promptl y notif y t h e permittee of any claim, action or proceeding, or if the City fails to cooperate fully i n ·the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City. -3 - 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 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 perrnittee to cease any development or activity not in full compliance shall be a violation of these conditions. SECTION III Any violation of the 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: AYES: NOES: ABSTAIN: ABSENT: Comms.Di Monda,Marks,Oakes,Suard,Chmn.Merl None None None CERTIFICATION I hereby certify the foregoing P.C. Resolution 92-66 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 November 17, 1992. Rod Merl, fhairman /-S--C/3 I Secretary Date p/pcrs2212 -4 -