City of Hermosa Beach --- 02-13-01

RESOLUTION NO. 01-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO A MASTER CONDITIONAL USE PERMIT TO CONDUCT AUTO SERVICE USES 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 City Council hereby resolves and orders as follows:

Section 1. On November 21, 1989, the Planning Commission approved a Master Conditional Use Permit and Environmental Negative Declaration for auto service uses for the entire property located at 501-555 Pacific Coast Highway.

Section 2. On February 16, 1993 the Master Conditional Use Permit was amended to provide a full spray booth on the property.

Section 3. In response to complaints by area residents and violation inspections by staff, the Planning Commission conducted a duly noticed de novo public hearing to consider the revocation or amendment to 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, which thereafter amended the Master Conditional Use Permit.

Section 4. On January 9, 2001, the City Council conducted a duly noticed de novo public hearing to consider an appeal by George Mardikian, appealing the new conditions established by the Planning Commission in their decision of August 15, 2000.

Section 5. Based on evidence received at the public hearing, the City Council makes the following factual findings:

  1. The businesses on the subject property have not been operating in full compliance with the terms of the Master Conditional Use Permit approved in 1989 and amended in 1993 for auto service uses.
  2. Auto storage and auto wrecking have been conducted on-site.
  3. Debris and auto parts have been stored in required parking areas.
  4. The parking areas have not been striped and maintained pursuant to approved plans.
  5. Outdoor vehicle repairs have been conducted on the property.
  6. Non-operable vehicles have been stored on a long-term basis in the parking area.
  7. The use for which the CUP was granted has been 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 are visible from public streets and create 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 is being utilized for auto storage and auto repairs disrupting the residential neighborhood.
  4. The site has provided inadequate off-street parking for existing businesses.
  5. The use has been operated in a manner incompatible with surrounding commercial and residential uses, and the imposition of conditions as required by Resolution 3-11has not adequately mitigated all the impacts to nearby residential or commercial properties.

Section 6. While the owner has improved conditions of the property, the City Council nonetheless finds it necessary to impose new conditions to ensure the businesses are operated in a manner compatible with neighborhood. Based upon the foregoing factual findings, the City Council hereby modifies the Master Conditional Use Permit by adding the following new conditions shown in bold and amending the original conditions shown in strike out. This Resolution shall supersede the conditions contained in the original Master Conditional Use Permit Planning Commission Resolution 93-11.

New Conditions of Approval

  1. The development and continued use of the property shall be in conformance with the site plan as approved by City Council, indicating the location of all customer and employee parking, building layout and landscaping. Modifications to the plan shall be reviewed and approved by the Planning Commission.
  2. The property owner shall satisfy the Fire Department’s annual inspection regarding compliance with spray booth filtration maintenance and compliance with AQMD regulations.
  3. Vehicle storage for more than 90 days consecutively shall be prohibited.
  4. Dismantling and storage of vehicles for parts salvage shall be prohibited.
  5. All parking and storage areas shall be maintained free of non-registered and derelict vehicles or parts.
  6. The property owner shall sign an affidavit indicating all tenants have been provided with a copy of Resolution No. 01- as amended.
  7. 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. Washing, sweeping, or by any means putting trash or debris in the right of way is strictly prohibited.
  8. Staff shall conduct a site inspection and prepare a status report for the Planning Commission one year from the date of approval of the amended Master CUP to verify compliance with the conditions of approval.

Original Conditions of Approval :

  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 September 19, 2000; 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.

  4. 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.

  5. 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:

  1. 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).

  2. All debris, derelict parts, and scrap metal shall be removed from parking areas and driveways.

  3. 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.

  4. Auto body work shall cease for areas not authorized for body work.

SECTION II - Original Conditions of Approval Master Conditional Use Permit:

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.

  1. Fencing shall be provided as follows:

  1. The chain link fence located along the northerly property 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.

  1. 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.
  2. Landscaping shall be maintained as follows:

  1. 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.

  2. 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 15 gallon size, a minimum of 3 feet high, and planted at intervals of no more than 20 feet.

  3. 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.

  1. The exterior of the buildings shall be painted in a uniform color.
  2. 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.
  3. Permitted operation hours for auto repair activities is from 7:00 A.M. to 9:00 P.M. on weekdays 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.
  4. 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 business hours. (Permits are required prior to installation.)

Original 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.

  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.

Section 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 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

PASSED, APPROVED and ADOPTED this 13th day of February, 2001

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