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HomeMy WebLinkAboutCC 05-6381'.: ; . 2 RESOLUTION NO. 05-6381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN TO ALLOW MOTOR VEHICLE SALES AND SERVICE AND ADOPTION OF A NEGATIVE DECLARATION AT 2775 PACIFIC COAST IDGHWAY LEGALLY DESCRIBED AS A PORTION OF LOT A, TRACT 1594. 3 4 5 6 7 8 THE CITY COUNC(L OF THE CITY OF HERMOSA BEACH DOES HEREBY . . . 9 RESOLVE AND ORDER AS FOLLOWS: 10 SECTION 1. An application was filed by Hitchcock Automotive Group seeking approval of 11 a Condititmal Use Permit and Precise Development Plan to allow motor vehicle sales and service 12 including the construction of a new sales showroom at 2775 Pacific Coast Highway. 13 SECTION 2. The Planning Commission conducted a duly noticed public hearing to 14 consider the application for the Conditional Use Permit and Precise Development Plan on January 15 18, 2005, at which testimony and evidence, both written and oral, was presented to and considered 16 by the Planning Commission. Based on the testimony and evidence received the Planning 17 Commission approved the project subject to conditions, as contained in P.C. Resolution 05-3. 18 SECTION 3. On January 25, 2005, the City Council, pursuant to Section 2.52.040, 19 initiated review and reconsideration of the decision of the Planning Commission. 20 SECTION 4. The City Council conducted a duly notice public hearing to review and 21 reconsider·the decision of the Planning Commission on February 22, 2005, at which the record 22 of the decision of the Planning Commission and testimony and evidence, both written and oral, 23 was presented to and considered.by the City CounciL . 24 SECTION 5. Based on evidence received at the public hearing, and the record o{ 25 decision of the Planning Commission, the City Council makes .the following factual findings: . 26 1. The applicant is proposing to sell new automobiles and conduct motor vehicle repair 27 and service at the subject location, which requires a Conditional Use Pennit pursu.ant to Chapter 28 .. . ... . . . 05-6381 17.26 of the Zoning Ordinance, and to construct a new sales showroom, which requires a Precise 2 Development Plan, pursuant to Section 17 .58 of the Zoning Ordinance. 3 2. The subject property is located on the west side of Pacific Coast Highway in the 4 middle of the block between Artesia Boulevard and 30th Street. 5 3. The existing vacated buildings and site hav~ previously been used for auto sales and 6 repair, and the proposed alterations and improvements to the site include re-grading and resurfacing 7 the parking area, the construction of a new building as for the sales offices and showroom, and a g minor alteration/expansion to the existing building containing service bays for auto repair. • • .. ~ : ' 1 ~ --. . 9 4. The subject property is designated General Commercial on the General Plan, and 10 zoned C-3, and previously was used for auto sales and repair. 11 SECTION 6. Based on the foregoing factual findings the City Council makes the 12 following findings pertaining to the application for a Conditional Use Permit and Precise 13 Development Plan: 14 1. The general criteria of Hermosa Beach Municipal Code Section 17.40.020 for 15 granting or conditionally granting a Conditional Use Permit in the C-3 zone have been considered, 16 and the general criteria of the Municipal Code Section 17.58.030 for granting a Precise 17 Development Plan have been considered. In making this finding, the Planning Commission has 1 s determined that: 19 20 21 22 23 24 25 26 27 a. b. C. d. . . .... The proximity of the business to existing residential uses to the west will not result in negative effects with incorporation of the conditions below. The amount of existing off-street parking facilities on the subject property is adequate for the proposed use. The use proposed is compatible with others in the area_. · ' . Building and driveway orientation is appropriate to minimize noise and traffic impacts on nearby residential areas with incorporation of the conditions below. 2 05-6381 '.,' 2 3 4 5 6 7 8 9 11 12 l3 14 2. e. f. g. h. i. The business operations will not result in adverse noise, odor, dust or vibration environmental impacts. The proposed use will not result in an adverse impact on the City's infrastructure and/or services. The proposed business will not be materially detrimental to property or improvements in the vicinity and zone. 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. 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. The City Council concurs with the Staff Environmental Review Committee's 15 recommendation, based on their Environmental Assessment/Initial Study, that this project will t6 result in a less than significant impact on the environment, and therefore qualifies for a Negative 11 Declaration. 18 SECTION 7. Based on the foregoing, the City Council hereby sustains the approval of the 19 Planning Commission and approves the subject Conditional Use Permit subject to the following 20 Conditions of Approval: 21 1. The development and continued use of the property shall be in conformance with 22 submitted plans as reviewed by the Planning Commission at their meeting of January 18, 2005. A 23 phase -1 or interim site plan shall be submitted ·showing the ·parking layout, and restriping of the 24 site to provide required customer/employee parking, and vehicle display areas, and shall be 2s implemented prior to establishing the interim use. 26 2. The primary entry and exit to the site shall be at Pacific Coast Highway, and shall be 27 . maintained clear for two-way ingress and egress at all times . 28 3 05-6181 2 3. The gated access to the service alley shall be controlled to limit use of the service 3 alley for customers or test-driving. The use of the gate shall be for exiting vehicles only, limited to 4 employees and service personnel, and as necessary for delivery vehicle or tow trucks to exit the site. 5 4. A new 10' height decorative block wall shall be constructed along the westerly 6 property line and a solid rolling gate in only one of -the existing gate openings installed to help 1 attenuate noise for residential properties to the west. 8 5. A., five-foot wide landscaping ~~I? shall be provided and maintaine_d along the -.;.. ;. 9 PACIFIC COAST HIGHWAY frontage, pursuant to submitted landscape plans. IO 6. All vehicle service shall be conducted inside the building containing the service bays. 11 Outdoor work on vehicles is prohibited. 12 7. Display of vehicles for sale shall not reduce or otherwise affect access to the customer 13 parking identified on the plans, and shall be limited to the designated area within the vehicle 14 showroom, and on the site. 15 8. Use of customer/employee designated parking spaces for displaying or storing of 16 vehicles for sale shall be prohibited. 17 9. The alley shall not be used for the parking or storing of vehicles and signs shall be 18 posted to prohibit parking in the alley. 19 10. Storage of trucks, tractors, trailers and RV's in the parking and vehicle display areas 20 or any other location on the premises shall be prohibited, 21 11. Parking or stopping on the service alley for the delivery of vehicles to the site shall be 22 prohibited. Deliveries shall occur on the premises, or in the case of large delivery trucks, along the . 23 · curb within the PACIFIC-COAST HIGHWAY right-of-way. 24 12. The operating hours of the vehicle sales business shall be limited to between 8:00 2s A.M. and 9:0q P.M. Monday through Friday and 10:00 A.M. and 9:00 P.M. Sat_urday and Sunday, 26 this includes parts deliveries, car washing, and operation of automatic machinery such as air or 27 water compressors, in order to minimize noise impacts to adjacent residential uses. The operating 28 4 05-6381 hours for the repair portion of the business located in the service bays shall be limited to between 2 8:00 A.M. and 7:00 P.M. Monday through Friday and 10:00 A.M. and 7:00 P.M. Saturday and 3 Sunday. 4 13. There shall be no outside bells, buzzers, speakers, public announcement system, or s similar apparatus. 6 14. No outdoor storage of derelict vehicles, auto parts, or other materials. All parking 7 areas shall be maintained free and clear of unregistered or derelict vehicles, parts or other materials at 8 9 all times. ' ~ ~ 15. Any new signs will require the submittal and approval of a comprehensive sign 10 program for all the buildings on the property. 11 16. Noise emanating from the property shall be within the limitations prescribed by the 12 City's noise ordinance, Chapter 8.24 of the Hermosa Beach Municipal Code, and shall not create a 13 nuisance to surrounding residential properties and/or commercial establishments. Noise 14 emanating from the property shall be monitored to verify compliance with the noise ordinance in 15 response to any complaints. 16 17. All exterior lights shall be located and oriented in a manner to insure that 11 neighboring residential properties and public right-of-way shall not be adversely affected. 18 18. The exterior of all the premises shall be maintained in a neat and clean manner, and 19 maintained free of graffiti at all times. 20 19. The landscaped planter along Pacific Coast Highway shall be planted with 21 appropriate shrubs and accent plants to the satisfaction of the Community Development Director. 22 20. A detailed drainage and Stormwater Pollution Prevention Plan is required for 23 approval. by the Public Works Department, and implemented on site, demonstrating that on-site 24 drainage will be diverted to a filtering system with final, specification subject to approval by the 2s Public Works Department. 26 21. The applicant is responsible for all off-site right-of-way construction required by 27 the Public Works Department. 28 5 05-6381 2 3 22. 23. The project shall comply with the requirements of the Fire Department. Final building plans/construction drawings including site, elevation, floor plan, 4 sections, details, signage, landscaping and irrigation, submitted for building permit issuance shall 5 be reviewed for consistency with the plans approved by the Planning Commission and the 6 conditions of this resolution, and approved by the Community Development Director prior to the 7 issuance of any Building Permit. 8 24. The project and operation of th~, business shall comply with all app~icable 9 requirements of the Municipal Code. 25. The Conditional Use Permit shall become null and void if not executed within two 11 years of the date of the approval of this Resolution. 12 SECTION 8. This grant shall not be effective for any purposes until the permittee and the 13 owners of the property involved have filed at the office of the Planning Division of the 14 Community Development Department their affidavits stating that they are aware of, and agree to 15 accept, all of the conditions of this grant. 16 The Conditional Use Permit and Precise Development Plan shall be recorded, and proof of 11 record.ation shall be submitted to the Community Development Department prior to the issuance 18 of a building permit. 19 Each of the above conditions is separately enforced, and if one of the conditions of 20 approval is found to be invalid by a court of law, all the other conditions shall remain valid and 21 enforceable. 22 Permittee shall defend, indemnify and hold harmless the City, it agents, officers, and 23 employees from any claim, action, or proceeding against the City or its agents, officers, or 24 employee to attack, set aside, void or annul this permit approval, which action is brought within 2s the applicable time period of the State Government Code. The City shall promptly notify the 26 permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If 27 the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City 28 . 6 05-6381 fails to cooperate fully in the defense, the permittee shall no thereafter be responsible to defend , 2 indemnify, or hold harmless the City. 3 The permittee shall reimburse the City for any court and attorney's fees which the City may 4 be required to pay as a result of any claim or action brought against the City because of this grant. s Although the permittee is the real party in interest in an action, the City may, at its sole discretion , 6 participate at its own expense in the defense of the action, but such participation shall not relieve 7 the permittee of any obligation under this condition. g . The _subject property shall be developed, maintained and operated in full compliance with ... ,;. . ~ .• ; , 9 the conditions of this grant and any law, statute, ordinance or other regulation applicable to any 10 development or activity on the subject property. Failure of the permittee to cease any development 11 or activity not in full compliance shall be a violatidn of these conditions. 12 The Planning Commission may review this Conditional Use Permit and may amend the 13 subject conditions or impose any new conditions if deemed necessary to mitigate detrimental 14 effects on the neighborhood resulting from the subject use. 1s PASSED, APPROVED and ADOPTED this 22nd day of February 2005. 16 17 18 19 20 21 22 23 24 25 26 27 28 PRESIDENT ATTEST: ~~ City C lerk YOR of the City of Hermosa Beach, California APPROVED AS TO FORM: ! City Attorney 7 05-6381 ST ATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 05-6381 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on February 22, 2005. The vote was as follows: AYES: NOES: ABSTAIN: ABSENT: Dated: Edgerton, Keegan, Tuc_ker, Yoon, Mayor Reviczky None None None March 8, 2005 . ,;.