HomeMy WebLinkAboutPC Resolution 05-03 - (CUPR 2775-Pacific Coast Hwy)
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P.C. RESOLUTION NO. 05-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN TO ALLOW MOTOR VEHICLE SALES AND SERVICE AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE
DECLARATION AT 2775 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT A, TRACT 1594. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Hitchcock Automotive Group seeking approval of a Conditional Use Permit and Precise Development Plan to allow motor vehicle sales and service including the construction of a new sales showroom at 2775 Pacific Coast Highway.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for the Conditional Use Permit and Precise Development Plan on January 18, 2005, 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 new automobiles and conduct motor vehicle repair and service at the subject location, which requires a Conditional Use Permit pursuant to Chapter 17.26 of the Zoning Ordinance, and to construct a new sales showroom, which requires a Precise Development Plan, pursuant to Section 17.58 of
the Zoning Ordinance.
2. The subject property is located on the west side of Pacific Coast Highway in the middle of the block between Artesia Boulevard and 30th Street.
3. The existing vacated buildings and site, have previously been used for auto sales and
repair, and the proposed alterations and improvements to the site include re-grading and resurfacing the parking area, the construction of a new building as for the sales offices and showroom, and a minor alteration/expansion to the existing building containing service bays for auto repair.
4. The subject property is designated General Commercial on the General Plan, and zoned C-3, and previously was used for auto sales and repair. Section 3. Based on the foregoing factual findings the Planning Commission makes
the following findings pertaining to the application for a Conditional Use Permit:
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
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been considered, and the general criteria of the Municipal Code Section 17.58.030 for granting a Precise Development Plan 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 west 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 permits motor vehicle sales and repair uses subject to a
Conditional Use Permit. i. 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. The Planning Commission concurs with the Staff Environmental Review Committee’s
recommendation, based on their Environmental Assessment/Initial Study, that this project will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration. 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 January 18, 2005. A phase 1 or interim site plan shall be submitted showing the parking layout, and restriping of the site to provide required customer/employee parking, and vehicle display areas, and shall be implemented prior to establishing the interim use. 2. The primary entry and exit to the site shall be at Pacific Coast Highway, and shall be maintained clear for two-way ingress and egress at all times. 3. The gated access to the service alley shall be controlled to prevent use of the service alley for customers or test-driving. The use of the gate shall be for exiting vehicles only, limited to employees and service personnel, and as necessary for delivery vehicle or tow trucks to exit the site. 4. A new 10’ height decorative block wall shall be constructed along the westerly property line and a solid rolling gate in only one of the existing gate
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openings installed to help attenuate noise for residential properties to the west. 5. A five-foot wide landscaping strip shall be provided and maintained along the P.C.H. frontage, pursuant to submitted landscape plans. 6. All vehicle service shall be conducted inside the building containing the service bays. Outdoor work on vehicles is prohibited. 7. 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 area within the vehicle showroom, and on the site. 8. Use of customer/employee designated parking spaces for displaying or storing of vehicles for sale shall be prohibited. 9. The alley shall not be used for the parking or storing of vehicles and signs shall be posted to prohibit parking in the alley. 10. 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. 11. Parking or stopping on the service alley for the delivery of vehicles to the site shall be prohibited. Deliveries shall occur on the premises, or in the case of large delivery trucks, along the curb within the P.C.H. right-of-way. 12. The operating hours of the vehicle sales business shall be limited to between 8:00 A.M. and 9:00 P.M. Monday through Friday and 10:00 A.M. and 9:00 P.M. Saturday and Sunday, this includes parts deliveries, car washing, and operation of automatic machinery such as air or water compressors, in order to minimize noise impacts to adjacent residential uses. The operating hours for the repair portion of the business located in the service bays shall be limited to between 8:00 A.M. and 7:00 P.M. Monday through Friday and 10:00 A.M. and 7:00 P.M. Saturday and Sunday. 13. There shall be no outside bells, buzzers, speakers, public announcement system, or similar apparatus. 14. No outdoor storage of derelict vehicles, auto parts, or other materials. All parking areas shall be maintained free and clear of unregistered or derelict vehicles, parts or other materials at all times. 15. Any new signs will require the submittal and approval of a comprehensive sign program for all the buildings on the property. 16. Noise emanating from the property shall be within the limitations prescribed by the City's noise ordinance, Chapter 8.24 of the Hermosa Beach Municipal Code, and shall not create a nuisance to surrounding 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.
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17. All exterior lights shall be located and oriented in a manner to insure that neighboring residential properties and public right-of-way shall not be adversely affected. 18. The exterior of all the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 19. The landscaped planter along Pacific Coast Highway shall be planted with appropriate shrubs and accent plants to the satisfaction of the Community Development Director. 20. A detailed drainage and Stormwater Pollution Prevention Plan is required for approval by the Public Works Department, and implemented on site, demonstrating that on-site drainage will be diverted to a filtering system with final specification subject to approval by the Public Works Department. 21. The applicant is responsible for all off-site right-of-way construction required by the Public Works Department. 22. The project shall comply with the requirements of the Fire Department. 23. 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. 24. The project and operation of the business shall comply with all applicable requirements of the Municipal Code. 25. 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 and Precise Development Plan 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 of law, 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
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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.
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: Hoffman, Koenig, Pizer, Perrotti
NOES: None ABSTAIN: None ABSENT: Allen
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 05-3 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 18, 2005.
___________________________ ___________________________ Sam Perrotti, Chairman Sol Blumenfeld, Secretary January 18, 2005
Date
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