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Home My WebLink AboutPC 93-34 (1072 Aviation Blvd)·, 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 RESOLUTION P.C. 93-34 A RESOLUTION OF TIIE PLANNING COMMISSION OF TIIE CITY OF HERMOSA BEACH, CALIFORNIA,° APPROVING AN AMORTIZED CONDITIONAL USE PERMIT AUTHORIZING THE CONTINUED REPLACEMENT AND REPAIR OF VEHICLE UPHOLSTERY AT 1072 AVIATION BOULEVARD, LEGAILY DESCRIBED AS LOT 5, TRACT 8519. WHEREAS, the Planning Commission held a public hearing on May 18, 1993 to receive oral and written testimony regarding this matter and made the following findings: A. The applicant is requesting a conditional use permit to authorize the existing use, as required by section 13.5; B. The development, as conditioned poses no threat to the public health, safety, or welfare; C. The proposed use is compatible with surrounding commercial activities along Aviation Boulvard and the imposition of conditions as required by this resolution will mitigate any environmental or negative impacts on nearby commercial or residential properties; D. The site is zoned C-3 and the development is consistent with the General Commercial General Plan designation. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a amortized Conditional Use Permit to allow replacement and repair of vehicle upholstery, subject to the following conditions: SECTION I: Standard Conditions of Approval 1. The location of structures and features on the property shall be in substantial conformance with submitted plans as revised in accordance with the conditions listed below; any modifications shall be submitted_ to the Planning Director for approval. 2. The establishment shall not adversely affect the welfare of residents, and / or commercial establishments nearby. 3. The exterior of the premises shall be maintained in a neat and clean manner at all times. 4. All signs shall comply with the City Sign Ordinance. Proper sign permits must be obtained · from the Department of Building and Safety. · -· 5. All outdoor parking and driveway areas shall be maintained free of unregistered and derelict vehicles and / or parts and debris. (including temporarily dismantled and/ or gutted vehicles) 6. Storage of vehicles in the outdoor parking shall be prohibited, except vehicles waiting for service or pick-up may be stored for a maximum of 24 hours. 7. A trash enclosure shall be provided in accordance with the Municipal Code requirements. Plans shall be submitted to the Director of Building and Safety for review and approval. 8. All work shall be conducted inside the building. All outdoor work activities shall be prohibited with the exception of minor examination of operable vehicles for the purpose of es~mates or final detail touch-ups not lasting more than 15 minutes is allowable. 9. The public right:•of-way shall not be used for the parking or storing of vehicles that are intended for service or for employee parking. Usage ofresidential streets and or Aviation Boulvard for employee or customer vehicles is prohibited. 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 10. There shall be no bells, buzzers or similar apparatus audible outdoors. Outside speakers for any purpose shall be prohibited. 11. 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 and commercial establishments. 12. Disposal of any form of haza,rdous waste material shall be in accordance with local, state, and federal laws, and in no event shall such waste material be allowed to drain into the City storm drain system. 13. Any violation of the conditions and / or violation of the Hermosa Beach Municipal Code shall be grounds for an immediate revocation and / or citation. 14. Any changes to the exterior or interior design shall be subject to review and approval by the Planning Director. 15. Prior to the conditional use permit being in effect , the applicant shall submit to the planning department, a signed and notarized" Acceptance of Conditions" form ... 16. The Planning Commission may review the conditional use permit and may amend the subject conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 1 7. Each of the above conditions is separately enforced, an.d 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. · SECTION II: Site Specific Conditions of Approval 1. 2. The hours of operation shall be from 8:00 A.M. to 5:00 P.M. Monday through Friday. Revised plans shall be submitted to indicate the front parking space and designate it as employee parking. SECTION III: 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 Angeles County, and proof of recordation shall be submitted to the Planning Department. · F.ach 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 pennittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to prompt! y notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereaf~er 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 interest in an action, the City may, at its sole I ,, I - I 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 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 sbaU 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 pennittee to cease any development or activity not in full compliance shall be a violation of these conditions. SECTION IV: Any violation of these 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 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. VOIE: A YES: Comms. Marks, Merl, Suard, Chmn. Di Monda, NOES: None ABSTAIN: None ABSENT: Comm. Oakes CERTIFICATION