The URL can be used to link to this page

Home My WebLink AboutPC 96-40 (424 PCH)RESOLUTION P.C. 96-40 2 A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW 3 RETAIL SALES OF MOTORCYCLES, ACCESSORIES, AND MOTORCYCLE REPAIR AT 4 424 PACIFIC COAST IIlGHW AY AND LEGALLY DESCRIBED AS LOT 22 GARDEN VIEW TRACT AND ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE 5 DECLARATION 6 7 8 9 10 11 12 13 14 WHEREAS, the Planning Commission held public hearings on October 29, 1996, to receive oral and written testimony regarding the Conditional Use Permit request and made the following findings: A B. C. The project is consistent with the General Plan; The site is zoned SP A 7 and is suitable for the type and intensity of the proposed use; The development, as conditioned below, will pose no threat to the public safety and welfare; 15 D . An Environmental Assessment has been conducted, and the proposed project, with the incorporation of mitigating conditions below, will cause a less than significant environmental impact. 16 17 18 19 20 21 22 23 24 25 26 NOW, TIIEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a Conditional Use Permit at 424 Pacific Coast Highway, and adopt an Environmental Negative Declaration, subject to the following conditions: SECTION I Specific Conditions of Approval: 1. The proposed development shall be in substantial conformance with submitted plans. Any minor modification shall be reviewed and approved by the Community Development Director. a. Any existing, or proposed improvements shall conform to all city ordinances, where necessary Building Permits shall be obtained. 27 2. The hours of operation shall be limited to the hours between 10:00 AM. and 6:00 P .M . on Monday through Saturday and from 10:00 AM. to 4:00 P.M. on Sundays, except that repairs shall be strictly prohibited on Sundays. 28 29 1 2 3 4 3. 5 4. 6 7 8 9 5. 6. 7. Repair, service, and maintenance of motorcycles shall be for minor repairs only. For the purposes of this Conditional Use Permit, minor repairs consist of the removal and/or installation of parts and accessories sold at this location and shall not include repair or service associated with the moving parts of the vehicle such as the engine, the wheels, lubrication systems or exhaust systems. Minor repair activities shall be conducted indoors with the doors closed. Parking spaces shall be properly striped in the rear of the building and shall be for automobile parking only.. • ... a. b. Vehicles or parts for sale shall not be parked or located in the required parking area or any other outdoor area. All parking and other outdoor areas shall be maintained free and clear of unregistered and derelict vehicles, parts or other materials at all times. Motorcycles to be serviced shall enter the building through the rear door. Motorcycles shall be driven from the front entrance to the rear of the building and visa- versa by employees only, and shall not exceed 5 MPH in the alley. Test driving of vehicles shall be prohibited. Revving or testing of engines on the premises, or on the public sidewalk or parking areas, or in front of the business shall be prohibited. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SECTION II General Conditions of Approval: 1. 2. 3. 4. 5. The project and the operation shall comply with all applicable requirements of the Municipal code. 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. There shall be no bells, buzzers, or similar apparatus audible outdoors. Outside speakers for any purpose shall be prohibited. All motorcycle service shall be conducted inside the building with the doors closed. Outdoor work on vehicles is prohibited. 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 nuisance to the surrounding residences and commercial establishments. a. Violation of the noise ordinance or related State laws shall be grounds for a citation or revocation of the Conditional Use Permit. 2 2 3 6. 4 5 7. 6 7 8. 8 9. b. No modifications to mufflers shall be made by the shop which would cause an increase in noise, and any motorcycles with a deficient muffiers/baftles shall be equipped with muffiers before being moved. The exterior of the premises including the parking areas shall be maintained in a neat and clean manner at all times. All exterior lights shall be located and oriented in a manner to insure that neighboring residential property and public right-of-way shall not be adversely-affected. Storage of trucks, tractors, trailers, RV's or other similar vehicles in the parking area or any other locations on the premises shall be prohibited. The public right-of-way shall not be used for the parking or storing of vehicles that are intended for sale, detailing, or other purposes. Unloading of vehicles shall be prohibited on public streets. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SECTIONill 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 Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Concliti.onal Use Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department. 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 sha11 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 pennittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not 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. 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 29 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. SECTION IV 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: Date cur9612 AYES: Comms. Merl, Perrotti, Pizer, Schwartz, Chmn. Tucker NOES: none ABSTAIN: none ABSENT: none CERTIFICATION 4