HomeMy WebLinkAboutPC Resolution 03-291
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P.C. RESOLUTION NO.03-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CHANGE USE FROM JET SKI
REPAIR AND SALES TO MOTORCYCLE REPAIR AND SALES AT
422 PACIFIC COAST HIGHWAY LEGALLY DESCRIBED AS LOT
23, GARDEN VIEW TRACT.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order
as follows:
Section 1. An application was filed by Manfred (Dave) Handel seeking approval of an
amendment to a Conditional Use Permit to change the use from jet ski repair and sales to
motorcycle repair and sales at 422 Pacific Coast Highway pursuant to the requirements of
Chapter 17,40 of Zoning Ordinance;
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for the Conditional Use Permit Amendment on May 20, 2003, at
which testimony and evidence, both written and oral, was presented to and considered by the
Planning Commission. Based on the testimony and evidence received the Planning
Commission makes the following factual findings:
1. At the July 6, 1993 meeting, the Planning Commission approved a Conditional Use
Permit (P.C. Resolution 93-42) to allow jet ski repair in conjunction with sales and
off -site rentals at the subject location.
2. The applicant wants to legally establish the existing motorcycle repair and sales use
that has been in operation at the subject location since December 1998, which
requires a Conditional Use Permit pursuant to Chapter 17.26 of the Zoning
Ordinance.
3. The subject property is located on the east side of Pacific Coast Highway between
4"l' and 5t' Street. The property has adjacent commercial uses to the north and south,
and residential property to the east across the rear alley.
4. The applicant is not changing the floor plan of the existing building.
5. The subject lot is zoned SPA-7, Specific Plan Area.
Section 3. Based on the foregoing factual findings the Planning Commission makes
the following findings pertaining to the application for a Conditional Use Permit
Amendment:
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1. The general criteria of Hermosa Beach Municipal Code Section 17.40.020 for
granting or conditionally granting a Conditional Use Permit in the SPA-7 zone
have been considered. In making this finding, the Planning Commission has
determined that:
a. The proximity of the business to existing residential uses to the east will not
result in negative effects with incorporation of the conditions below.
b. The amount of existing off-street parking facilities on the subject property is
adequate for the proposed use change because there is no parking demand
intensification based on the similarity of the motorcycle repair and sales use to
the jet ski repair and sales use.
c. The use proposed is compatible with others in the area.
d. The business operations will not result in adverse noise, odor, dust or vibration
environmental impacts with incorporation of the conditions below.
e. The proposed use will not result in an adverse impact on the City's infrastructure
and/or services.
f. The proposed business will not be materially detrimental to property or
improvements in the vicinity and zone.
g. The proposed business will be consistent with the General Plan and Zone Code
because the SPA-7 zone permits motor vehicle repair and sales uses.
h. The SPA-7 zone, in which the proposed project is located, is intended to provide
opportunities for the full range of office, retail and service businesses deemed
suitable for the City's commercial corridor and appropriate for Pacific Coast
Highway pursuant to Section 17.38.290 of the Zone Code.
2. This project is Categorically Exempt pursuant to 15301, Class 1 of the California
Environmental Quality Act Guidelines minor alterations to existing facilities.
Section. 4. Based on the foregoing, the Planning Commission hereby approves the
subject Conditional Use Permit subject to the following Conditions of Approval which
supercede the conditions contained in Resolution P.C. 93-42:
1. The development and continued use of the property shall be in conformance
with submitted plans as revised and reviewed by the Planning Commission at
their meeting of May 20, 2003.
2. A revised plan shall be submitted incorporating the following revisions.
a. Placement and specifications of an exhaust and air filtration system
appropriate for eliminating motor exhaust fumes from the building interior
during repair work shall be shown on plans.
3. Installation of the exhaust and air filtration system shall be completed as per
approved plans.
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4. All motorcycle service and repair shall be conducted inside the building with
the doors closed. Outdoor work on vehicles is prohibited.
5. The operating hours for repair shall be limited to between 8:00 A.M. and
9:00 P.M. Monday through Saturday, with repair prohibited on Sundays.
6. Any on -site vehicle storage and display shall not reduce or otherwise affect
access to the required number of parking spaces for customers and employees.
7. Use of customer/employee designated parking spaces for displaying or storing
of vehicles shall be prohibited. Short term storage of motorcycles shall be
permitted in the staging area located behind the building between the building
and the fence. Overnight storage outside is prohibited.
8. All parking spaces shall be properly striped and appropriate signs posted
indicating the spaces are for employees and customers of Hermosa Motosport
only.
9. The existing wrought iron fencing between the staging area and parking spaces
shall be maintained in good condition at all times.
10. Public right-of-way shall not be used for the parking or storing of vehicles that
are used in conjunction with the business.
11. Storage of trucks, tractors, trailers and RV's in the parking area or any other
location on the premises shall be prohibited. Vehicles used in conjunction with
the business shall be allowed in the location designated on the approved plans.
12. Motorcycles to be serviced shall enter the building through the rear roll -up
door only.
13. There shall be no outside bells, buzzers, public announcement system, or
similar apparatus. Outside speakers for any purpose shall be prohibited.
14. Noise emanating from the property shall be within the limitations prescribed
by the city's noise ordinance and shall not create a nuisance to surrounding
residential properties and/or commercial establishments. Noise emanating
from the property shall be monitored to verify compliance with the noise
ordinance in response to any complaints.
15. 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.
16. The exterior of all the premises shall be maintained in a neat and clean
manner, and maintained free of graffiti at all times.
17. Disposal of hazardous waste material shall be in accordance with local, state
and federal laws, but in no event shall such material be allowed to drain into
the City storm drain system.
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18. The project shall comply with the requirements of the Fire Department.
19. Final building plans/construction drawings including site, elevation, floor
plan, sections, details, signage, landscaping and irrigation, submitted for
building permit issuance shall be reviewed for consistency with the plans
approved by the Planning Commission and the conditions of this resolution,
and approved by the Community Development Director prior to the issuance
of any Building Permit.
20. The project and operation of the business shall comply with all applicable
requirements of the Municipal Code.
21. The project shall be reviewed for CUP compliance after six months of
operation.
Section 6. This grant shall not be effective for any purposes until the permittee and
the owners of the property involved have filed a the office of the Planning Division of the
Community Development Department their affidavits stating that they are aware of, and
agree to accept, all of the conditions of this grant.
The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to
the Community Development Department prior to the issuance of a building permit.
Each of the above conditions is separately enforced, and if one 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, it agents, officers, and
employees from any claim, action, or proceeding against the City or its agents, officers, or
employee to attack, set aside, void or annul this permit approval, which action is brought
within the applicable time period of the State Government Code. 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 no
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
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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.
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.
Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision
of the Planning Commission, after a formal appeal to the City Council, must be made within
90 days after the final decision by the City Council.
VOTE: AYES: Hoffinan, Perrotti, Pizer, Tucker
NOES: None
ABSTAIN: None
ABSENT: Kersenboorn
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 03-29 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 May 20, 2003.
I=
Ma y 20, 2003
Date
Cupr422
p1d, Jecretary
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