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HomeMy WebLinkAboutPC 93-20 (640 PCH)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 28 RESOLUTION P.C. 93-20 -A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION AND REPAIR OF CAR AUDIO EQUIPMENT AND ACCESSORIES (INCLUDING CAR ALARMS), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 640 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS LOT 18, AND THE NORTHERLY 10' OF LOT 19, WILSON AND LIND'S TRACT WHEREAS, the Planning Commission held a public hearing on March 16, 1993, to receive oral and written testimony regarding the Conditional Use Permit request and made the following findings: A. The project is consistent with the general plan; B. The site is zoned C-3 and is suitable for the type and intensity of the proposed use; C. The development, as conditioned below, will pose no threat to the public safety and welfare; D. Design of the proposed project is compatible and consistent with applicable elements of the city's General Plan and with the requirements of the C-3 zone; E. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a Conditional Use Permit at 640 Pacific Coast Highway, and adopts an Environmental Negative Declaration, subject to the following conditions: ·· SECTION I Specific conditions of Approval: 1. The proposed use of the property shal_l be in-substantial conformance with submitted plans. Any minor modification shall be reviewed and may be approved by the Planning Director. -1 - 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 28 2. The hours of operation shall be limited to the hours between 8:00 A.M. and 6:00 P.M. on Monday thrm:1gh Saturday and from 10:QO A.M. to 5:00 P.M. on Sundays. 3. The wall, landscaping, and automatic irrigations system shall be maintained along the easterly property line, including the provision of trees planted a minimum of five ( 5) feet on center suitable for buffering the parking lot from the adjacent residential property. 4. All parking spaces shall be properly striped and maintained. a. Vehicles or parts for sale shall not be parked or located in the required parking area or on the~ public sidewalk. b. All parking areas shall be maintained free and clear of unregistered and derelic"t vehicles or parts at·a11 times. c. A handicapped parking space shall be provided 5. A minimum 5' X 7' trash enclosure shall be provided in the location shown on the plans, enclosed on. three sides with a decorative masonry wall of five (5} feet in height, and provided with a view obscuring gate on the the four.th side with the type of wall and gate to be reviewed an approved by the Planning Director prior to issuance of a building permit. SECTION II General Conditions of Approval: 1. The project ··· and the operation shall comply with all applicable requirements of the Municipal Code. 2. Disposal of hazardous waste material shall be in accordance with local, state, and federal laws, but in no event shall such waste material be ailowed to drain into the City storm drain system. 3. There shall be audible outdoors. prohibited. no bells, buzzers, or similar apparatus Outside speakers for any purpose shall be 4. All service, installation, and testing of equipment shall be conducted inside the building with the doors closed. Outdoor work on vehicles is prohibited. 5. 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 a nuisance to the surrounding residences and commercial establishments. creating loud or obnoxious noise shall be prohibited. ., -2 - 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 a. Violation of the noise ordinance or related State laws shall be grounds for revocation of the conditional use p~rmit. b. · Mufflers shall be used at all times when testing car alarms, which shall be conducted indoors with the doors closed. c. Installation and repair of "boom boxes" ( speakers with over-sized woofers intended to emit a heavy bass sound) shall be prohibited 6. The exterior of the premises including the parking areas shall be maintained in a neat and clean manner at all times. 7. All exterior lights shall be located and oriented in a manner to insure that neighboring re~idential propertr and public right-of-way shall not be adversely affected. 8. Storage of trucks, tractors, trailers, RV's or any other vehicles or materials in the parking area or other locations on the premises shall be prohibited. 9. The public right-of-way shall not be used for the pa~king or storing of vehicles that are intended for sale, detailing, or other purposes. Unloading of vehicles shall be prohibited on public streets. SECTION III 1. This grant shall not be effective for any purposes until the perniittee and the owners of the property .involved have filed at the office of the Department of Planning their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. 2. The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Planning Department. ~/JG, Q.el-t'f7..0 h)O; Cf; (gq ;;,1 8~ 3. Each of the above conditions is separately enforc~d, 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. 4. 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 ·shall promptly notify the ·· permittee of any claim, action, or proceeding and the City shall cooperate fully in-the derense. If the City fails to promptly notify the permi ttee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall. not -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 thereafter be responsible to defend, indemnify, or hold harmless the City. The permi ttee 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. Al though the permi ttee 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. 5. The Conditional Use Permit ··shall automatically expire within one (1) year of the date of approval of said entitlement unless permittee and/or owner(s) have commenced the project, unless an extension to said -time period has been gr~nted by the Planning Commission._ -· 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: AYES: NOES: ABSTAIN: ABSENT: Comms.Merl,Oakes,Suard,Chmn.Di Monda None None Comm.Marks CERTIFICATION nda, Chairman Michael Schubach, Secretary ···---- ,,,(o ~ bate p/pcrs638 -4