HomeMy WebLinkAboutPC 93-6 (3125 PCH)2
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RES.OLUTION P.C. 93-6
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 3125 PACIFIC COAST HIGHWAY,
(MIDAS MUFFLER SHOP) , LEGALLY DESCRIBED AS LOTS 122 AND 123,
SOUTHERN CALIFORNIA CONVENTION HALL AND MARINE VIEW PARK, AND THE
NORTHERLY 5 FEET OF THE VACA~ED ALLEY DIRECTLY SOUTH OF LOTS 122
AND 123.
WHEREAS, the Planning Commission held a public hearing on
February 2, 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 Permit 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 builqing 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/or parts and debris.
6. storage of vehicles, including trucks,
recreational vehicles, automobiles and
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tractors, trailers,
equipment in the
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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 ~xterior 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.
14. All signs must comply with the City Sign Ordinance. Any
necessary sign permits shall be obtained from the Department
of Building and Safety.
site Specific Conditions
15. The location of structures and features on the property shall
be in substantial conformance with submitted plans as modified
i~~ccordance 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 or other requirements to be
implemented in accordance with the conditions of approval
shall be completed within six (6) months from the date of
adoption of this resolution, unless otherwise stated.
16. A five (5)' foot high view obscuring gate shall be added to the
open end (north side) of the existing trash enclosure.
17. The ten (10) foot sideyard setback off .the south property line
(the original five foot building setback combined with a five
foot easement from the vacated alley) shall be permanently
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maintained for parking and shall be striped to indicate two
standard size spaces parked in tandem.
(a) No struct~res, temporary or otherwise, shall be allowed
in said setback area.
(b) Said setback shall not be utilized for any type of
storage.
-(c) The pavement in said setback, and within said easement,
shall be permanently maintained by the property owner
and/or his representatives.
(d) This Conditional Use Permit shall not supercede
applicable requirements imposed by the City Council at
the time the alley was vacated. Any modification to the
requirements of the vacation shall require prior City
Council approval.
18. The existing landscaping adjacent to the north property line
( in the Longfellow-Avenue right-of-way) _shall be permanently
maintained to the satisfaction of the Planning Director.
19.
(a) The two existing street trees may be replaced by a lower
maintenance variety (which will not drop as many leaves)
provided that prior approval is granted by both the
Planning Director and the Public Works Director.
,;
1. Replacement trees shall be similar in size to the
existing street trees. (minimum 48" box size)
2. Replacement trees shall be of a variety that is
considered drought tolerant.
The hours of operation for auto repair activity shall be
limited from 7:00 a.m. and 6 00 p.m. Monday thru Friday and
between 8:00 a.m. and 5:00 p.m. on Saturdays. Pick-up and
drop-off of customer vehicles may occur beyond these hours.
(minor modifications to the above hours may be granted upon
review by the Planning Director)
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 Fermi t 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
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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
th~ 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 permi ttee 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.
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,Chrriii.Mei::-1:
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing P.C. Resolution 93-6 is a true and
complete record of the action taken by the Planning Commission of
the City of Hermosa Beach, California at their regular meeting of
February 2, 19 9 3 . . //~" .1 h t
?-4 vvr~ /,,,.~7&P --· ~~~ // /~ -2-,,;~ / .. ?/
Rod Merl, Chaiman Michael Schubacn, Secretary
I I
Date p/pcrs3125
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