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HomeMy WebLinkAboutPC 93-22 (26 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 76 27 28 RESOLUTION P.C. 93-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMORTIZED CONDITIONAL USE PERMIT FOR AN EXISTING AUTO DEALERSHIP, INCLUDING AUTO SALES, AND AUTO BODY AND PAINTING AT 26 PACIFIC COAST HIGHWAY (SOUTH BAY NISSAN), LEGALLY DESCRIBED AS LOTS 1 THRU 5 INCLUSIVE AND SOUTHERLY 30' OF LOTS 6 & 7, TRAFTON HEIGHTS TRACT AND FURTHER AUTHORIZING STORAGE OF NEW CARS OFF-SITE AT 102 1ST STREET (GTE PARKING LOT) WHEREAS, the ·Planning Commission held a public hearing on April 6, 1993, to receive oral and written testimony regarding a Conditional Use Permit at 26 Pacific Coast Highway and made the following findings: A. The applicant is requesting a conditional use permit for an existing auto dealership, including auto repair, and auto body repair and painting as required by Section 13.5, and also also to authorize this use to allow the applicant to store new vehicles on the excess parking at the GTE parking lot; B. The development, as conditioned, mitigates the potential threat to the public safety and welfare to the maximum possible; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a Conditional Use Permit to allow the uses of auto sales, · auto repair, and auto body repair and painting at the above noted location subject to the following: SECTION I (CONDITIONS OF APPROVAL) General conditions 1. The public right-of-way shall not be used for the parking or storing of vehicles that are intended for service, or for the parking or storing of employee vehicles. 2. Test driving of vehicles on local residential streets shall be prohibited. (a) Signs shall be posted in employees that test driving residential streets is prohibited. all work areas warning of vehicles on local 3. All auto ·repair, painting and detailing shall be conducted ·· inside the buildings, and all outdoor work activities shall be prohibited (minor examination of vehicles for the purpose of -1 - ___ .c--____ __ 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 estimates not lasting more than 15 minutes, and the initial washing of cars is allowable). (a) Freshly painted vehicles shall be dried in the paint booth, not in the parking area. 4. All outdoor parking and driveway areas shall be maintained free of unregistered and derelict vehicles and/ or parts and debris. 5. Storage of vehicles, including trucks, tractors, trailers, recreational vehicles, automobiles and equipment in the outdoor parking areas shall be prohibited, except vehicles waiting for pick-up may be stored for a maximum of 72 hours. 6. The exterior of the premises including the parking areas shall be maintained in a neat and clean manner at all times. 7. Any application of paints and finishes shall be conducted within an approved paint booth, subject to permit approval by the Fire Department, and shall be in conformance with the Fire Code, and spray painting of vehicles shall be subject to permit approval by the South Coast Air Quality Management District (AQMD). 8. Odor elimination equipment shall be provided for the paint booth, and it shall be reviewed and approved by the Planning Director. 9. Only low volatile organic compound paints, primer~, and finishes, in·conformance with AQMD requirements, shall be used for any priming and/or painting conducted on the premises. 10. 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. 11. Examining, installing, or repairing car alarm systems shall be prohibited. 12. 'There shall be no bells, buzzers or similar apparatus audible outdoors. outside speakers for , any purpose shall be prohibited. 13. Noise emanating from the property shall be within the limitations prescribed by the city's Noise Ordinance, Article 19.5 of the Hermosa Beach Municipal Code, and shall not create a nuisance to the surrounding residences. 14. 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. 15. All signs must comply with the City Sign Ordinance. Proper sign permits shall be obtained from the Department of Building and Safet::(. site Specific Conditions -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 16. The location of structures and features on the property shall be in substantial conformance with submitted plans modified as required below. Any minor modification shall be reviewed and may be approved by the Planning Director. Improvements to the property and other requirements contained in the following conditions of approval shall be completed within one (1) year from the date of approval of this resolution, unless otherwise stated. 17. The lots cons ti tu ting the subject property shall be merged together, pursuant to Section 29.5-29. 18. A trash enclosure shall be pr9vided with a minimum 5-foot high masonry enclosure and view obscuring gate in accordance with Building Department requirements.· (permits shall be obtained from the Building Department prior to construction) 19. A revised site plan shall be submitted to the satisfaction of the Planning Director within 60 days from the date of approval of this resolution indicating the following: ( a) a revised accurate parking layout which clearly depicts areas for new car display and employee/customer parking (b) location and size of proposed trash enclosure with adequate capacity for junk metal collection (c) typical site dimensions as required 20. The exterior of the building on site shall be repaired and repainted, and shall be permanently maintained in a state of good repair. 21. All parking spaces identified on the revised plans shall be maintained and striped in accordance with the final revised parking layout, and any cracks and/or pot holes occurring in the pavement shall be repaired. 22. Any use of the excess parking lot at the GTE property at 102 P.C.H. as authorized by Resolution P.C. 91-70 sI:iall be subject . to the conditions of said resolution. 23. The hours of operation of auto body repair or . auto repair shall be limited from 7:00 A.M. and 7:00 P.M. Monday thru Saturday, while auto sales may operate until 9:00 P.M. SECTION II This grant shall not be effective for any purposes until the permittee and the owner of the property involved have filed at the office of the Department of Planning their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit shall be recorded with Los County, and proof of recordation shall be submitted Planning Depa~tment. Dot-i-S 1 \2.(,cor2.{) f..Jc . cr3 ~ic,-::ills(Q -3 - Angeles to the 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 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 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 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. The subject property shail 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 III Any violation of the conditions of approval and/or violation of the Hermosa Beach Municipal Code may be grounds for a public hearing for the revocation of the Conditional Use Permit. The Planning Commission may review this Conditional Use Fermi t a·nd may amend the subject conditions or impose any new conditions if deemed nec;:essary to mitigate detrimental effects on the- neighborhood resulting from the subject -use. VOTE: AYES: NOES: ABSTAIN: ABSENT: Comms.Marks,Merl,Oakes,Suard,Chmn.Di Monda None None None CERTIFICATION p/pcrs26 -4 -