HomeMy WebLinkAboutPC 03-28 (900 PCH)1
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P.C. RESOLUTION NO. 03-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE
SALES AT 900 PACIFIC COAST HIGHWAY LEGALLY
DESCRIBED AS LOTS 21, 22, 23, 24, 25, 26, AND 59, TRACT 5650.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
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Section i. An application was filed by Arik Benson and Brad Logan seeking approval
of a Conditional Use Permit to allow motor vehicle sales at 900 Pacific Coast Highway pursuant
to the requirements of Section 17.40.020 of Zoning Ordinance;
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for the Conditional Use Permit Amendment on May 20, 2003, 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 previously owned motor vehicles, specializing in
high-end cars, at the subject location, which requires a Conditional Use Permit
pursuant to Chapter 17 .26 of the Zoning Ordinance.
2. The subject property is located on the east side of Pacific Coast Highway between
9th and 10th Street. The property is the only commercial use on the east side of
Pacific Coast Highway between 9th and 10th Street and has adjacent residential
properties to the east.
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3. The existing building will not be enlarged or materially changed on the exterior.
4. The subject lot is zoned C-3, General Commercial.
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
been considered. In making this finding, the Planning Commission has
determined that:
a. The proximity of the business to existing residential uses to the east will not
result in negative effects with incorporation of the conditions below.
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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 uses.
1. 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. This project is Categorically Exempt pursuant to 15301, Class 1 of the California
Environmental Quality Act Guidelines alterations to existing facilities.
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 revised and reviewed by the Planning Commission at
their meeting of May 20, 2003.
2. A revised site plan shall be submitted including all business signing and
incorporating the following revisions.
a. Driveway access shall be limited to one driveway on Pacific Coast Highway,
and driveway access shall be blocked off at 9th Street.
b. Required parking spaces, with all dimensions shown (including turning
radius), and vehicle storage and display areas shall be clearly noted.
c. A "Right Turn Only" sign shall be posted at the Pacific Coast Highway
driveway.
3. The parking areas shall be striped as per plans reviewed and approved by the
Community Development Department.
4. Any on-site vehicle storage and display shall not reduce or otherwise affect
access to the required number of parking spaces for customers and employees.
5. Use of customer/employee designated parking spaces for displaying or storing
of vehicles for sale shall be prohibited.
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6. Public right-of-way shall not be used for the parking or storing of vehicles that
are intended for sale.
7. 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. Vehicles used
in conjunction with the business shall be allowed in the location designated on
the approved plans.
8. Parking or stopping on the public rights-of-way for the delivery of vehicles to
the subject property shall be prohibited.
9. A revised landscaping plan shall be submitted indicating size, type, and
quantity of plant materials to be planted for review and approval by the
Community Development Director. An automatic landscape sprinkler system
shall be provided, and shall be shown on the landscaping plan (building
permits are required). Mature planting shall remain and a permanent
planter shall be provided to block street access at 9th Street subject to Public
Works approval.
10. All landscaping and signs shall comply with corner vision clearance
requirements of the Public Works Department.
11. Repair, service or maintenance of vehicles or testing of alarms on vehicles shall
be prohibited. Washing of vehicles is permissible, however, the use of non-
biodegradable soaps ·and solvents is prohibited. Washing of vehicles shall not
be permitted on the public right-of-way. Washing of vehicles shall also be
consistent with the requirements of the City's water quality ordinance.
a. The project shall comply with the requirements of Chapter 8.44 of the
Hermosa Beach Municipal Code.
12. The operating hours for the motor vehicle sales business shall be limited to
between 8:00 A.M. and 9:00 P.M. Monday through Saturday and 10:00 A.M.
and 9:00 P.M. Sunday.
13. There shall be no outside bells, buzzers, public announcement system, or
similar apparatus. Outside speakers audible beyond the property lines shall be
prohibited.
14. 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.
15. 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.
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16. The exterior of all the premises shall be maintained in a neat and clean
manner, and maintained free of graffiti at all times.
17. The applicant is responsible for all off-site right-of-way construction
required by the Public Works Department.
18. The project shall comply with the requirements of the Fire Department.
19. 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. ·
20. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
21. The Conditional Use Permit shall become null and void if not executed within
two years of the date of the approval of this Resolution.
22. The project shall be reviewed for CUP compliance after six months of
operation.
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 shall be recorded, and proof ofrecordation 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 oflaw, 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
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.
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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
10 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.
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VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Hof:fi:nan, Perrotti, Pizer, Tucker
None
None
Kersenboom
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 03-28 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 May 20, 2003.
May 20. 2003
Date
Cupr900
ecretary
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