HomeMy WebLinkAboutCC Reso 10-6697 (1081-87 Aviation)
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RESOLUTION NO. 10-6697
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION’S
APPROVAL OF A CONDITIONAL USE PERMIT AND PRECISE
DEVELOPMENT PLAN TO ALLOW OUTDOOR STORAGE OF SUPPLIES
AND VEHICLES IN CONNECTION WITH A NEW LANDSCAPE BUSINESS,
AND CONFIRMATION OF PARKING REQUIREMENTS, AT 1081, 1085
AND 1087 AVIATION BOULEVARD, LEGALLY DESCRIBED AS
SOUTHEAST 58’ OF LOTS 47 & 48, AND ALL OF 49 & 50, HERMOSA
HEIGHTS TRACT BEING LOT 14, BLOCK 88 OF SECOND ADDITION TO
HERMOSA BEACH.
SECTION 1. Pursuant to Hermosa Beach Municipal Code (HBMC) Section 2.52.040, the
City Council initiated review of the Planning Commission’s February 23, 2010 decision to
approve Conditional Use Permit 10-2 and Precise Development Plan 10-3 for a landscaping
business at 1081 Aviation Boulevard.
SECTION 2. On March 23, 2010, the City Council held a duly noticed public hearing to
consider said applications to allow outdoor storage of supplies and vehicles in connection with a
new landscape business on a 7,900 square feet lot containing an existing 1,140 square foot
building (previously a truck rental business) with eight parking spaces, at which time testimony
and evidence, both oral and written, was presented to and considered by the Council.
SECTION 3. Based on the Staff Report, testimony, the record of the decision of the
Planning Commission, and evidence received, both oral and written, at the City Council hearing,
the Council makes the following factual findings:
1. The subject site is zoned C-3, General Commercial, which permits general office
use by right. The proposed outdoor landscape preparation area and vehicle storage require a
Conditional Use Permit. Proposed use of the parking lot is greater than 1,500 square feet, thus
requiring a Precise Development Plan. The site is adjacent to C-3 and R-1 zoning, including
commercial use, nonconforming multi-family residential and single family residences, and there
are no other known landscape business centers within at least a one mile radius.
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2. The applicant submitted a site plan with proposed improvements to the existing
building and the parking area, including 8 parking spaces, graveled parking surfacing,
landscaping, fencing and lighting. While pervious, a gravel parking lot is not fully compliant with
HBMC Section 17.44.120 (Driveways).
3. The proposed parking and landscape preparation area exceed 5,000 square feet and
therefore a Standard Urban Stormwater Mitigation Plan (SUSMP) per HBMC Chapter 8.44 is
required.
4. On February 16, 2010, Planning Commission adopted Resolution 10-4 approving
said applications by a vote of 4:1 incorporating Conditions of Approval required to reduce adverse
impacts relating to parking lot surfacing (tracking gravel onto the public street, drainage and
stormwater controls, dust and noise); abandonment of the southeasterly curb and sidewalk
remediation (on-street parking and accessibility); and restrictions on hours of operation (noise);
provision of nine parking spaces; and appropriate drainage and containment of the landscape
preparation area (stormwater controls); among others.
SECTION 4. Based on the foregoing, the City Council makes the following findings:
1. Pursuant to HBMC Section 17.26.030 the proposed business office use is permitted
by right. The outdoor landscape preparation area, which exhibits some components of a nursery
use, and overnight company vehicles parking (vehicle storage) require a conditional use permit
per HBMC Section 17.26.030. In addition, although the landscape preparation area is one
component of the business, the size of the area and the nature of the activities that will be
conducted lead to the conclusion that this use exceeds the scope of a use that is incidental to office
use. The CUP provides the opportunity to consider impacts and compatibility with surrounding
uses.
2. The parking standard for office use (one space per 250 square feet of gross floor
area) applies to the use, however due to the unique circumstances of the proposed use as a vehicle
storage lot, parking to serve employees that use company trucks (5), employees in the office (2),
and customers requires a total of nine (9) onsite parking spaces, and the project is so conditioned.
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3. Pursuant to HBMC Sections 17.26.050 and 17.58.030, impacts such as noise, odor,
dust and/or vibration resulting from the proposed outdoor landscape preparation area and
overnight company vehicle parking uses are minimal and controls are imposed to ensure no
adverse effects will occur and the use is generally compatible with surrounding commercial and
residential uses as follows:
a. Distance from existing residential uses, churches, schools, hospitals and
public playgrounds in relation to negative effects. The site is located on a commercial corridor,
bounded by nonconforming residential uses to the rear, and no other sensitive uses are located nearby.
Interior use of the existing building will not impact residential uses. Impacts associated with
noise dust, odors, spills or other impacts associated with outdoor landscape material preparation or
the proposed graveled parking lot will not occur due to site improvement and operational
conditions of approval.
b. The amount of existing or proposed off-street parking in relation to actual
need. While the applicant is proposing 8 parking spaces, the project is conditioned to require 9
spaces (5 spaces for overnight company truck parking, 2 other employees and 2 customer spaces)
to ensure onsite parking is adequate.
c. The combination of uses proposed, as they relate to compatibility. The
proposed uses are all components of the same business and are compatible, and the proposed
daytime uses (general office and plant materials preparation) will not pose compatibility issues as
discussed under items A and G.
d. The relationship of the estimated generated traffic volume and the capacity
and safety of streets serving the area. Aviation Boulevard operates at level of service (LOS) E in
the a.m. peak hour and F in the p.m. peak (average vehicle speed ≥ 10 mph), and Aviation at
Prospect operates at LOS B in the a.m. peak and LOS C in the p.m. peak. The addition of 12
vehicle trips at the peak hours is not considered significant. In addition, staff considers that the
proposed use may exhibit less traffic than the former truck rental use if most employees at the
proposed use are away from the site for most of the business day, and customer visitation is
infrequent.
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e. The proposed exterior signs and decor, and the compatibility thereof with
existing establishments in the area. Repainting the building, adding landscaping and new fencing
will improve the appearance of the property, and the project is conditioned to require a 3-foot
wide landscape planter along the front property line and to ensure the fencing along the front
property line allows visibility within the property boundaries. The chain link fencing in the rear
will also be replaced with a 7 foot high wood fence. Any sign will be reviewed under a separate
sign permit.
f. Building and driveway orientation in relation to sensitive uses, e.g.,
residences and schools. Residential properties to the rear of the site will not be impacts since
both vehicular and pedestrian accesses will remain from Aviation Boulevard. There are no other
sensitive uses nearby. Public Works requests the applicant to close off the unused curb cut to
improve the sidewalk grades for pedestrian use and provide an additional onstreet parking space,
and this is a condition of approval.
g. Noise, odor, dust and/or vibration that may be generated by the proposed
use. Proposed hours are 7:30 a.m. to 6:00 p.m. weekdays and 8:00 a.m. to 6:00 p.m. on
Saturdays. The project is conditioned to restrict activities to 8:00 a.m. to 6:00 p.m., therefore the
use will not generate noise at times that would affect residential uses. The project is conditioned to
require any soil amendment or landscape materials to be secured to prevent dust, odors or spillage
or runoff. Dust and mud from use of a gravel parking lot could be generated and track onto the
public street. The project is conditioned to require paving.
h. Impact of the proposed use to the City's infrastructure, and/or services. The
proposed business will be operated out of an existing building without floor area expansion. The
proposed parking and material preparation area will be conditioned to provide appropriate trench
drain, catch basin, dry well, and fencing to prevent runoff onto City storm drain and City streets.
Other impacts to City’s infrastructure and/or service will not occur as there are existing utilities
onsite and the use will otherwise operate essentially as office use.
i. Adequacy of mitigation measures to minimize environmental impacts in
quantitative terms. No significant impacts are identified. A Standard Urban Stormwater
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Management Plan (SUSMP) is required in compliance with HBMC Chapter 8.44 incorporating
controls for the outdoor preparation area and parking lot.
j. Other considerations that, in the City’s judgment, are necessary to assure
compatibility with the surrounding uses, and the city as a whole. The project is conditioned to
provide trash and recycling facilities in compliance with HBMC Chapter 8.12.
SECTION 5. The proposal is exempt from the California Environmental Quality Act per
Guidelines Sections 15301, 15303 and 15304 as the project consists of remodeling of an existing
building approximately 1,400 square feet, previously occupied by a similar use, and providing
improved parking lot controls, within an urban area with availability of public and urban services
and access.
SECTION 6. Based on the foregoing, the City Council hereby sustains the Planning
Commission approval for Conditional Use Permit 10-2 and Precise Development Plan 10-3,
subject to the following Conditions of Approval:
1. The architectural treatment of the building and all finishes, all interior and exterior
building and parking area and the operation of the landscape business office, outdoor landscape
preparation area and overnight company vehicle parking shall be substantially consistent with the
plans approved by the Planning Commission on February 16, 2010 except as indicated herein.
Minor modifications to the plans required to comply with project conditions or codes may be
approved by the Community Development Director.
a. Site plan shall be revised to show area for trash and recycling containers
compliant with HBMC Chapter 8.12.
b. Decorative wood fencing along Aviation Boulevard frontage shall have a 2-
inch gap between wood slats rather than being solid.
c. Wood fencing along Aviation Boulevard frontage shall be moved back a
minimum of 3-feet from property line and a landscaping strip (approx. 3-feet wide by 62-feet
long) shall be provided. All landscape and irrigation on the suite shall be compliant with HBMC
Chapter 8.60.
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d. One additional, handicapped, parking space closest to the front door for a
total of nine spaces compliant with Building Codes shall be provided. Landscape shall be revised
to accommodate this space.
e. All parking lot design elements and dimensions shall comply with the
HBMC Chapter 17.44.
2. A revised landscape and irrigation plan shall be submitted and landscaping
installed compliant with this approval and HBMC Chapter 8.56 prior to commencement of
operations. All future water use shall additionally comply with HBMC Chapter 8.60.
3. The applicant shall revise plans in accordance with stated conditions to the
satisfaction of the Community Development Director prior to building permit issuance or
commencement of operations.
4. Prior to issuance of a building permit, or commencement of construction if a
building permit is not required, a drainage plan shall be submitted and plan must be approved by
the Public Works Department, to show required measures for spillage, urban run off prevention,
and locations of catch basins.
5. The applicant shall submit a Standard Urban Stormwater Management Plan
(SUSMP) pursuant to HBMC Chapter 8.44 for written approval by the Director of Public Works
prior to construction commencing onsite, demonstrating best management practices for
stormwater pollution control, and for sediment control and erosion control during construction.
All measures shall be perpetually maintained. The following shall be required and shown on
plans:
a. The runoff from washing and/or rinsing of outdoor storage/material
preparation area, shall drain to the sewer system only; under no circumstances shall grey water
from this area drain to the storm water system.
b. Supplies, materials and work areas in the outdoor landscape preparation
area shall be covered and secured in a watertight condition at all times in its original or like
packaging. Said area shall not be used to stockpile supplies or materials, but as a work area, and
surfaces shall be maintained free of soil, amendments, fertilizers, etc. Said area shall be
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maintained clean by sweeping. Applicant shall provide to the Community Development
Department a listing of all materials to be stored in the outdoor supplies area to assure the proper
handling of materials.
c. The outdoor supplies storage area/material preparation area shall be graded
inward and a solid confining barrier to water or runoff shall be installed so that no runoff leaves
the landscape preparation area or drains to the stormwater system.
d. Trench drains shall be installed at the driveway encroachment (3-feet
behind property line) and at the entrance to outdoor landscape preparation area (approximately 23-
feet from property line) and shall be adequately maintained to capture debris and prevent runoff.
e. Future surfacing for the parking lot shall be designed to incorporate
elements to maximum onsite retention, such as permeable paving and drainage to landscaping.
6. All exterior parking lot and building lighting shall be fully shielded (full cutoff)
and down cast (emitting no light above the horizontal plane of the fixture). Fixtures shall not
create glare or spill beyond the property lines. Light fixtures shall be designed and installed so the
light is reflected away from any dwelling unit and the lamp bulb is not directly visible from within
any residential unit. Yellow spectrum lamps such as sodium lamps are prohibited. All lighting
exceeding low energy lights not more than three (3) feet above grade shall use automated external
lighting controls and shall be extinguished at minimum between 10:00 p.m. and dawn.
Exceptions are allowed to comply with building, fire and other city codes.
7. The exterior of the premises shall be maintained in a neat and clean manner and
maintained free of graffiti at all times.
8. Noise emanating from the property shall be within the limitations prescribed by
HBMC Chapter 8.24 and shall not create a nuisance to surrounding residential neighborhoods,
and/or commercial establishments.
9. Business operating hours shall not exceed Monday to Saturday, 8:00 a.m. to 6:00
p.m. Outdoor activities shall not begin earlier than 8:00 a.m. Monday to Saturday.
10. Two customer parking spaces shall remain open and unused by business employees
or company trucks during business hours.
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11. The applicant shall abandon and close off the southeastern existing curb cut and
install compliant sidewalk and curbing at the time the parking lot is paved.
12. Prior to commencement of operations, the parking lot shall be improved with
drainage and surfaced with, at minimum, gravel surfacing to the specifications of the Public
Works Department. The gravel surfacing shall be well maintained and replenished as required to
maintain a high quality surface and prevent ponding or runoff. Should tracking of surfacing onto
the public right of way or similar detrimental conditions occur, the Public Works Department may
require a paved apron be installed or other remediation undertaken. Stormwater controls shall be
incorporated into the project.
13. The applicant shall pave the parking lot compliant with HBMC Section 17.44.120
including incorporation of stormwater controls within two years, or as a condition of any major
remodel or reconstruction, whichever occurs first. A drainage plan and commercial driveway
shall be approved by the Public Works Department. The Community Development Director may
approve one extension of time not to exceed six months.
14. The applicant is responsible for offsite construction within the right-of-way, if any,
required by the Public Works Department. Project construction shall protect private and public
property in compliance with HBMC Sections 15.04.070 and 15.04.140. No work in the public
right of way shall commence unless and until an Encroachment Permit has been approved by the
Public Works Department.
15. All signs shall comply with HBMC Chapter 17.50. Sign permits shall be obtained
from the Community Development Department.
16. The project shall comply with all other the requirements of the Zoning and Municipal
Code and the Building, Fire and Public Works Departments.
17. If a review of this Precise Development Plan or Conditional Use Permit occurs, the
Planning Commission may amend the above conditions and/or impose any new conditions
deemed necessary to mitigate detrimental impacts on the environment or neighborhood arising
from use of the premise.
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18. Approval of these permits shall expire twenty-four (24) months from the date of
approval by the Planning Commission, unless significant construction or improvements or the use
authorized hereby has commenced. One or more extensions of time may be requested. No
extension shall be considered unless requested, in writing to the Community Development
Director including the reason therefore, at least 60 days prior to the expiration date. No additional
notice of expiration will be provided.
SECTION 7. 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 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 shall be recorded and proof
of recordation shall be submitted to the City of Hermosa Beach.
Each of the above conditions is separately enforceable and, if one of the conditions is
found unenforceable by a court of law, all other conditions shall remain valid and enforceable.
The 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 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
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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 Precise
Development Plan 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.
SECTION 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge
to the decision City Council must be made within 90 days after the final decision by the City
Council.
PASSED, APPROVED and ADOPTED this 23rd day of March 2010.
________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
________________________________ _______________________________
City Clerk City Attorney
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