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HomeMy WebLinkAboutPC 93-4 (421 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 27 28 RESOLUTION P.C. 93-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN AMORTIZED CONDITIONAL USE PERMIT TO AUTHORIZE GENERAL AUTO REPAIR AT 421 PACIFIC COAST HIGHWAY, (A&M TOWING & AUTOMOTIVE REPAIR), LEGALLY DESCRIBED AS A PORTION OF LOT 3, W.F. THORNE'S HILL SIDE TRACT NO. 2. WHEREAS, the Planning Commission held a public hearing on I January 5, 1993, to receive oral and written testimony regarding a Conditional Use Permit and made the following findings: A. The applicant is requesting a conditional use permit to regulate the prior legal existing use of automotive repair, as required by Section 13.5; 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 Fermi t to allow general auto repair on said property 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. 3. All vehicle service shall be conducted inside the building and all outdoor work activities shall be prohibited (minor examination of vehicles for the purpose of estimates not lasting more than 15 minutes shall be allowed). 4. There shall be no auto-body repair and/or painting. 5. All outdoor areas shall be maintained free of unregistered and derelict vehicles and/o! parts and debris. -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 27 28 6. Storage of vehicles, including trucks, tractors, trailers, recreational vehicles, automobiles and equipment in the outdoor parking areas shall be prohibited; customer vehicles waiting for pick-up may be stored for a maximum of 72 hours. 7. The exterior of the premises including the parking areas shall be maintained in a neat and clean manner at all times. All existing amenities and any future site improvements shall be maintained in good repair. 8. All parking spaces identified on the final approved plans shall be maintained and striped in accordance with said plans. Any cracks or pot holes occurring in the pavement shall be repaired. 9. 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. 10. Examining, installing, or repairing car alarm systems shall be prohibited. 11. There shall be no bells, buzzers or similar apparatus audible outdoors. Outside speakers for any purpose shall be prohibited. 12. 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. 13. All exterior lights shall be located and oriented in a manner to insure that neighboring residential properties and the public right-of-way shall not be adversely affected. Site Specific Conditions · 14. The location of structures and features on the property shall be in substantial conformance with submitted plans as modified in accordance with the conditions of approval. (a) minor modifications must be submitted for review and may be approved by the Planning Director (b) improvements to the property, and other requirements to be implemented in accordance with the c.ondi tions of approval, shall be completed within one (1) year from the approval date of this resolution, unless otherwise stated. 15. All signs must comply with the City Sign Ordinance. Existing signage does not comply with the sign ordinance, therefore all -2 - 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 signs shall be corrected within two (2) months from the date of approval of this resolution. Temporary allowances may be made for existing signs that will be removed or replaced in conjunction with proposed improvements. Proper sign permits must be obtained from the Building Department. 16. A minimum 5' X 7' trash enclosure shall be provided, 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 fourth side. The location, type of wall and gate, shall be reviewed an approved by the Planning Director prior to issuance of a building permit. 17. All barbed or razor wire shall be removed from the site. 18. The chain link fencing surrounding the property shal l be replaced with a minimum six (6) foot high view obscuring wall/fence. Review and approval of fencing materials by the Planning Commission shall be conducted within one year from the date of adoption of this resolution." (building permits must be obtained prior to construction) 19. Plans shall be revised and re-submitted Director for review and approval within four the date of adoption of this resolution. shall show the following: to the Planning ( 4) months from Plan revisions (a) The elimination of the outdoor work area, by one of the following alternative approaches: 1. Enclose the outdoor lift required parking shown) 2. Expand the building to portion of the lot (with parking shown) 3. Remove of the outdoor lift (with zoning ordinance fully zoning enclose ordinance the rear required (b) Revised parking layout showing all tow truck parking (c) Designated parking in adjacent lot {d) Elevation/details depicting perimeter wall/fence (e) Sign plan indicating corrections for compliance (f) Location and dimensions of proposed trash enclosure 20. A maximum of nine {9) parking spaces in the adjacent Pizza Hut lot, which exceed current parking requirements for that property, may be made available _ to A & M Towing through a written agreement. Said agreement shall be signed by an -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 authorized representative of the Pizza Hut property and submitted to the Planning Department. 21. All outdoor paving, including any/and all portions of adjacent parking areas used in conjunction with the subject property, shall be cleaned of grease, oil, and any other spilled material. Said paving is to be permanently maintained to the satisfaction of the Planning Director. 22. The hours of operation for auto repair activity shall be limited from 7: oo AM and 7: oo PM Monday thru Saturday and between 8:00 AM and 5:00 PM on Sundays. Pick-up and drop-off of customer vehicles may occur beyond these hours. 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 Angeles County, and proof of recordation shall be submitted to the Planning 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 shall promptly notify the perrnittee 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 th~ 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. -4 - 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 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 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 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: Comms.Di Monda,Marks,Oakes,Suard,Chmn.Merl NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing P.C. Resolution 93-4 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular eeting of January s, 1993. ..:.--· J . , / 4 ,'1 u~vp-d / ~/4?'~~:6 Rod Merl, Chairyian Michael Scti'ubach, Secretar,~-- /-19-9J Date --------p/pcrs421 -5 -