HomeMy WebLinkAboutPC Resolution 00-521
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
29
P.C. RESOLUTION 00-52
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPRO VIN U A UUNIR I IUIV A 1 , U ar, rr luvu 1
AMENDMENT TO A MASTER CONDITIONAL USE PERMIT TO CONDUCT
MOTOR VEHICLE REPAIR AND SERVICE AND BODY REPAIR AND PAINTING
FOR PROPERTY LOCATED AT 555 PACIFIC COAST HIGHWAY AND LEGALLY
DESCRIBED AS THE EASTERLY 140 FEET OF LOT 24 AND LOT 25 BLOCK 78
SECOND ADDITION TO HERMOSA TRACT.
The Planning Commission hereby resolves and orders as follows:
Section 1. On November 8, 1989, the Planning Commission approved a Master Conditional
Use Permit and Environmental Negative Declaration for motor vehicle repair and body repair and
painting for the entire property located at 501-555 Pacific Coast Highway.
Setion.2. On February 16, 1993 the Master Conditional Use Permit was amended to provide
a full spray booth on the property.
ect;iog 3. The Planning Commission conducted a duly noticed de novo public hearing to
consider the revocation or amendment for the Master Conditional Use Permit on August 15, 2000 and
September 19, 2000, at which testimony and evidence, both written and oral, was presented to and
considered by the Planning Commission
Section 4. Based on evidence received at the public hearing, the Planning Commission makes
the following factual findings:
1. Although substantial improvement has occurred on the property to achieve compliance,
the businesses on the subject property are currently not operating in full compliance with the
terms of the Master Conditional Use Permit approved in 1989 and amended in 1993 for auto
service uses due to the following.
A. Auto storage and auto wrecking have been conducted on -site.
B. Debris and auto parts have been stored in required parking areas.
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
29
C. The parking areas have not been striped and maintained pursuant to approved plans.
D. Outdoor vehicle repairs have been conducted on the property.
E. Non -operable vehicles have been stored on a long-term basis in the parking area.
F. The use for which the CUP was granted is being exercised so as to be detrimental to the
public health, and safety and constitutes a nuisance in that:
1. Automobiles have been regularly stored and repaired outside the premises on public
streets.
2. Auto wrecking and dismantling of automobiles, parts storage and junk and debris
have been visible from public streets creating a negative effect on surrounding
properties.
3. Numerous residents in the vicinity of the subject property indicated through oral
testimony and written correspondence that on -street parking has been utilized for
auto storage and auto repairs disrupting the residential neighborhood.
Section 5. Based on the foregoing factual findings, the Planning Commission makes the
following findings pertaining to the Master Conditional Use Permit:
1. The site as presently configured does not provide adequate off-street parking for
existing businesses.
2. The use is being operated in a manner which is not compatible with surrounding
commercial and residential uses, and the imposition of conditions as required by Resolution 93-
11 do not adequately mitigate all the impacts to nearby residential or commercial properties.
Section 6. Based on the foregoing factual findings, the Planning Commission hereby modifies
the Master Conditional Use Permit, as amended, for auto services subject to the following Conditions
of Approval which supersede the conditions contained in the original Master Conditional Use Permit
Resolution 93-11.
Specific Conditions of Approval
1. The development and continued use of the property shall be in conformance with an
approved site plan indicating the location of all customer and employee parking.
Modifications to the plan shall be reviewed and approved by the Planning Commission.
2
112
2
3.
3
4.
4
5.
5
6.
6
7 7.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
The Owner shall annually submit evidence to the Fire Department regarding compliance
with spray boot filtration maintenance and compliance with AQMD regulations.
Vehicle storage for more than 90 days consecutively shall be prohibited.
Auto wrecking and dismantling of automobiles for parts salvage shall be prohibited.
Non -registered vehicles shall not be stored on -site.
The property owner shall sign an affidavit indicating all tenants have been provided with
a copy of Resolution No. 00-52 as amended.
The property owner shall provide a design for a clarifier and install same to contain
surface run-off subject to the requirements of the Public Works Department. Washing,
sweeping, or by any means putting trash or debris in the right of way is strictly
prohibited.
8. The property owner shall annually demonstrate at a duly noticed Planning Commission
hearing that all businesses in operation at the property are in full compliance with the
requirements of the CUP. The annual review date shall be established as the date of
19.
approval of Master CUP 00-52 as amended. The property owner shall remit application
fees for costs associated with the public hearing.
The property owner shall provide evidence that vehicles without license plates or with
expired registration have not been maintained on the premises by supplying a monthly
log of customer license plates for verification of vehicles registration at the annual
Planning Commission hearing.
SECTION I - Site Specific conditions regarding the conditional use permit amendment:
1. The location of the paint booth and other features shall be in substantial conformance with
submitted plans for the amendment receive December 16, 1992, and reviewed by the Planning
Commission February 16, 1993; any modification shall be reviewed by the Planning
Commission.
2. Auto painting shall only be allowed in the full paint booth in the location identified on
submitted plans. The existing partial paint booth shall be removed, as shown on plans, and no
painting shall occur in that location. The roof top exhaust pipes shall also be removed.
3. Application of paints and finishes shall be conducted within an approved paint booth, subject
to approval by the Fire Department, and shall be in conformance with Article 45 of the ,Fire
Code, and permits for spray painting of vehicles shall be subject to permit approval from the
South Coast Air Quality Management District.
3
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Prior to issuance of a Certificate of Occupancy for the auto body and paint shop, the applicant
shall provide verification of permit approval from the South Coast Air Quality Management
District for the spray paint booth and ventilation and filtration equipment. The construction
and operation of the paint booth shall comply with all conditions of said permit.
Only low volatile organic compound paints, primers, and finishes, in conformance with
A.Q.M.D. Rule 1151 shall be used for any priming and/or painting conducted on the
premises.
6. Twenty-two 20" X 20" filters, at least two inches thick, as described in the application
submitted by the applicant shall be installed in the paint booth system, or its equivalent
approved by the Community Development Director. In addition, a maintenance service
program contract shall be enter into to assure dirty filters are replaced when needed, and
a copy of the signed contract shall be submitted to the Community Development
Director for review and approval. On request by the City, the service contract shall be
provided for inspection.
7. Odor elimination equipment shall be provided for the ventilation system for building,
and the exhaust system for the paint booth, and it shall be reviewed and approved by the
Community Development Director. All painting or priming in the paint booth, and all
preparation work for painting shall be conducted within the building with the exterior
doors completely closed.
8. Prior to issuance of building permits for the new paint booth, all existing signs not in
compliance with the sign program shall be removed, including the projecting sign for
"European Auto Body," located in front of their previous location, and the painted signs for
"European Auto Body" located on the canopy. In additions all violations of existing
conditions shall be resolved, including the following:
(a) Complete the painting of all exterior portions of the buildings on site (the westerly
facing portions of both buildings need to be painted to match the rest of the buildings).
(b) All debris, derelict parts, and scrap metal shall be removed from parking areas and
driveways.
(c) Other illegal signs shall be removed, including portable signs along 6th Street and the
sign attached to the gate at the driveway on 5th Street.
(d) Auto body work shall cease for areas not authorized for body work.
SECTION I111 - Conditions of approval for the master conditional use permit:
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
29
A. SPECIFIC CONDITIONS OF APPROVAL
1, The location and features shall be in substantial conformance with approved plans. Any minor
modification shall be reviewed and may be approved by the Community Development
Director.
2. Fencing shall be provided as follows:
(a) The chain link fence located along the northerly propely line adjacent to the rear
parking area shall be improved and maintained with vinyl or aluminum slats painted
white to provide partial screening'but to allow for some: visibility of the parking area.
The fence shall be maintained in a neat and clean manner, and the fence and/or the
slats shall be replaced if broken, damaged, discolored, or missing.
3, The easterly driveway access located south of "Flower World" along 5th Street shall remain
closed, and the parking area, which encroaches in the public sidewalk, shall be reoriented to the
interior aisle.
4. Landscaping shall be maintained as follows
(a) A minimum three (3) foot wide landscaped area with 6" raised concrete curbing or
higher shall be provided and maintained along the Pacific Coast Highway frontage;
planted with a hedge, maximum 3 feet high, to provide partial screening of the parking
area and auto repair bays, and designed with curbing and drainage pipes to direct
drainage directly into the storm drains rather than the across the public sidewalk.
(b) Trees shall be planted and maintained along the westerly property line, which abuts the
residential property, of a type and at intervals to effectively buffer the commercial uses
from the residential uses. When 'planted trees shall be a minimum IS gallon size, a
minimum of 3 feet high, and planted at intervals of no more than 20 feet.
(c) The existing automatic irrigation system shall be maintained in working order.
Drought tolerant vegetation shall be used to ensure the long-term maturing and
maintenance of the landscaping.
5. The exterior of the buildings shall be painted ina uniform color.
6. The program for uniform signage, addressing the types, sizes, materials, and colors of signage
throughout the site, shall be upheld by any and all new or existing tenants throughout the site.
5
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
29
7. Permitted operation hours for auto repair activities is from 7:00 A.M. to 9:00 P.M. on weekday
and 8:00 A.M. to 5:00 P.M.on Saturdays. No auto repair shall occur after hours unless all the
doors and windows are closed. There shall not be auto repair on Sundays.
8. The chain link fence blocking access to the northwest parking lot to the rear of the buildings
shall be removed and access to said lot shall be permanently maintained for use by all tenants.
A gate may be installed in place of the chain link fence but it must remain open during busine
hours. (Permits are required from the Building Division prior to installation.)
General Operating and. Standard Conditions:
1. The public right-of-way shall not be used for the parking or storing of vehicle that are
intended for sale, repair, or service.
2. Test driving of vehicle on local residential streets shall be prohibited.
3. Repair service, and maintenance of vehicles shall be conducted within the buildings, and all
outdoor repair work activities shall be prohibited. (Minor examination and mechanical
adjustments not lasting more than 15 minutes are excluded.)
4. All parking and storage areas shall be maintained free of unregistered and derelict vehicles or
parts.
5. The storage of vehicles used for the automobile rental agency shall be limited to the
northwesterly parking area locate to the rear of the main building.
6. Storage of trucks, tractors, trailers, and RVs in the parking areas or any other location on the
premises shall be prohibited.
7. Adequate on -site parking spaces shall be provided for employees. Using residential streets
and Pacific Coast Highway for parking employee automobiles is prohibited.
8. The use of parking spaces for displaying auto merchandise for sale shall be prohibited.
9. Noise emanating form 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 residential neighborhood and commercial establishments.
Creating loud or obnoxious noise shall be prohibited.
10. Examining car alarm systems shall be limited to 9:00 A.M. to 6:00 P.M.; sound duration shall
not be over three (3) seconds and not more than fifteen (15) times during said hours.
11. There shall be no outdoor bells or buzzers or similar apparatus audible outdoors. Outside
speakers for a paging system shall be prohibited.
M
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
29
12. The exterior or the premises including the parking areas shall be maintained in a neat and
clean manner at all times.
13. All exterior lighting shall be located and oriented in a manner to ensure that neighboring
residential property and public rights -of -way will not be adversely affected.
14. Drainage of waste material shall be disposed of 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.
15, No storage of trailers is allowed on the subject property.
16. Dismantling and storage of vehicles for parts shall be strictly prohibited.
,_c-cfion 7 This grant shall not be effective for any purposes until the permittee and the owners
of the property involved have filed at 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. 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, 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
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 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 conditional Use Permit. The subject property shall be developed, maintained and
7
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
29
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
VOTE: AYES: Pizer, Tucker, Chmn.Perrotti
NOES: Hoffman,Kersenboom
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 00-52 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
September 19, 2000.
"dam Perrotti, Chairman.
Date�1 Z
C
1 555pcliamendreso
16'1 Blume f l , Secretary
8