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P.C. RESOLUTION 91-72 (__;){:_; c_ t-__,,,_k,, .,,---z._~J>
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA ':P,,.._
BEACH, CALIFORNIA, APPROVING A MASTER CONDITIONAL USE PERMIT
AMENDMENT, TO AUTHORIZE THE EXPANSION OF AN EXISTING AUTO SALES
BUSINESS ONTO ADJACENT PROPERTY LOCATED AT 305-307 PACIFIC COAST
HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT 26, WALTER
RANSOM CO'S VENABLE PLACE; IN CONJUNCTION WITH THE OPERATION OF
AN EXISTING AUTO DETAILING, WINDOW TINTING , AND AUTO SERVICE
(SMOG CHECK ONLY) USES LOCATED AT 303 PACIFIC COAST HIGHWAY,
LEGALLY DESCRIBED AS A PORTION OF LOTS 27 AND 28, WALTER RANSOM
CO'S VENABLE PLACE AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE
DECLARATION.
WHEREAS, the Planning Commission held a public hearing on
November 19, 1991 to receive oral and written testimony regarding
an application for a Master Conditional Use Permit, at 303-307
Pacific Coast Highway and made the following findings:
A. The applicant is requesting to expand an auto sales business
onto an adjacent parcel wh9's only access to its rear parking
lot is from 303 Pacific Coast Highway where an existing auto
sales use is located;
B. The site is adequate in size, and provides sufficient parking
areas to support all existing and proposed business activity;
C. The development, as conditioned, poses no threat to the
public health, safety, and welfare;
D. The proposed use is compatible with surrounding commercial
activities along Pacific Coast Highway and the imposition of
conditions as required by this resolution will mitigate any
environmental or negative impacts on nearby commercial and
residential properties;
E. The site is zoned SPA-7 (Commercial) and the development is
consistent with the Commercial Corridor General Plan
designation;
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F. An environmental assessment has been conducted by the
Environmental Review Committee and the project has been
determined to qualify for a negative declaration;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California does hereby approve a
Master Conditional Use Permit Amendment to allow the expansion of
an auto sales business onto an adjacent lot, in conjunction with
the operation of existing auto detailing, window tinting, and
auto service (smog check only) uses, subject to the following:
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 below; any modification
shal 1 be submitted to the Planning Director for approval.
Improvements to the property and structures, as required in
the following conditions of approval, shall be completed
within six (6) months of the approval of this conditional use
permit.
2 . The trash container on lot 26 shall be enclosed by a masonry
enclosure with a view obscuring front gate. The location and
design of the of the enclosure shall be reviewed and approved
by the Planning Director. (Permits must be obtained from the
building department prior to construction.)
3. The public right-of-way shall not be used for the parking or
storing of vehicles that are intended for sale or service.
Adequate on-site parking spaces shall be provided for the
employees as well. Usage of residential streets and/or
Pacific Coast Highway for parking employee or customer
vehicles is prohibited.
4. Test driving of vehicles on local residential streets shall
be prohibited.
5. Disposal of hazardous waste material shall be in accordance
with local, state, and federal laws, but in no event shal 1
such waste material be allowed to drain into the City storm
drain system.
6. There shall be no bells, buzzers, or similar apparatus.
Outside speakers for any purpose shall be prohibited.
7. All automobile service shall be conducted inside the
building, and all outdoor work activities shall be prohibited
(minor examination of operable vehicles for the purpose of
estimates or final detail touch-up~ not lasting more than 15
minutes is allowable).
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8. 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.
9. All outdoor parking and driveway areas shal 1 be maintained
free of unregistered and derelict vehicles, wrecked vehicles,
and/or parts and debris.
10. Storage of vehicles, including trucks, tractors, trailers,
recreational vehicles, and automobiles in the outdoor parking
areas or any other location on the premises shall be
prohibited, except vehicles waiting for service or pick-up
may be stored for a maximum of 72 hours.
11. The exterior of the premises including the parking areas
shall be maintained in a neat and clean manner at all times.
12. All exterior lights shall be located and oriented in a manner
to insure that neighboring residential property and public
right-of-way shall not be adversely affected.
13. All signs must comply with the City sign ordinance. Proper
sign permits must be obtained from the Department of Building
and Safety.
14. This grant shall not be effective for any purposes until the
permi ttee and the owners of both properties 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.
15. The Conditional Use Permit shall be recorded with the deeds,
and proof of recordation shall be submitted to the Planning
Department.
SECTION II Specific Conditions of Approval
1. A three (3) foot high decorative wall shall be provided along
both the southerly and easterly property 1 ines adjacent to
the parking area on lots 27 & 28 as indic~ted on approved
plans. ~
2. The existing office area located within the bay space
designated for "Window Tints Etc." and any----,__other changes to
the structure not previously permitted, shall be inspected to
the satisfaction of the Building Department.
3. All parking spaces identified on the plans shall be striped
on the property in accordance with the plans, and cracks in
the pavement shall be repaired. The five (5) lot spaces
designated for auto sales displayshall be identified as such
on the pavement. All striping and parking designations shall
be permanently maintained.
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4. The westerly portion of the parking area of lot 26 shall be
paved with not less than two-inch asphaltic or three and
one-half inch portland cement concrete surfacing.
5. The hours of operation shall be within the hours of 7:00 AM
to 10:00 PM.
6. The use of parking spaces for displaying merchandise (other
than automobiles for sale in the 5 designated spaces) shall
be prohibited. Any display of merchandise for sale shall be
within the buildings.
7. Waste material shall not be allowed to drain into the City
storm drain system. If automobiles are washed on site, a
grease interceptor must be provided in accordance with
Building & Safety requirements.
8. This resolution supersedes Resolution P.C. 91-47.
9. In the event that the use of lot 26 (305-307 P.C.H.) changes
to anything other than auto sales, the uses on lots 27 and -28
(303 P.C.H.) would still be allowed to continue to operate
under the applicable provisions of this Conditional Use
Permit.
10. In the event that the lots are no longer used in conjunction
under this C.U.P., a signed agreement must be made with the
property owner of lot 26 to authorize the continued use of
the trash receptacle on that lot. A copy of said agreement
must be submitted to the Planning Department. If the
agreement is not made, or in the event the agreement is
terminated, the property owner of lots 27 and 28 shal 1 be
obligated to supply a trash bin and enclosure on his parcel
per building department requirements.
11. In the event that the use of lots 27
changes to anything other than what
resolution, the auto sales use on lot
will not be allowed to continue and must
SECTION III
and 28 (303 P.C.H.)
is stated in this
26 (305-307 P.C.H.)
cease immediately.
Each of the above conditions is separately enforced,
of the conditions of approval is found to be invalid
of law, all the other conditions shall remain
enforceable.
and if any
by a court
valid and
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 applicab~e 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 d·efense. If the City fails to promptly notify the
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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 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 IV
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
neighbo ~hood resulting from the subject use.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Comms.Di Monda,Marks,Merl,Suard
None
None
Chmn.Ketz
CERTIFICATION
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I hereby certify the foregoing Resolution P.C. 91-72 is a true
and complete record of the action taken by the Planning
Commission of the City of Her~osa Beach .• Califor ia, at their regular meeting of November 19 , 1 ' ·
~~ B. w~~_s_, · .· ,·
Ro b ert B. Marks, Vice Ch a i rman Mi c hae l Sch ubach, Secretary
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Date
p/pcrs307
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