PC RES 2006-017 P.C. RESOLUTION NO. 2 -17
RESOLUTION F THE PLANNING COMMISSION F THE CITY OF
RANCHOALOS VERDES APPROVINGCASE NO. ZON2005-00296
(CONDITIONAL PERMIT NO. 153 REVISION , SIGN PERMIT, SITE
PLAN REVIEWENVIRONMENTAL ASSE ME T), FOR A 7-
ELEVEN
-
L V N CONVENIENCE STORE, GASOLINE STATION, SALE OF BEER
AND INE (ABC TYPE 20 LICENSE) AND AN AUTOMATED TELLER
MACHINE INSIDE THE BUILDINGT 31186 HAWTHORNELE AR ,
LOCATED T THE SOUTHEAST CORNER F HAWTHORNE
BOULEVARD PALPALOS VERDES DRIVETa
WHEREAS, on June 3, 2005, RHL Design Group, representing the applicant 7-
Eleven and representing the property owner Thrifty Oil Company, submitted Case No.
ZON2005-00296, applications for an Environmental Assessment, Conditional Use Permit
revision, Sign Permit and Site Plan Review, for a property at 31186 Hawthorne Boulevard
located at the southeast corner of Hawthorne Boulevard and Palos Verdes Drive West;
and,
WHEREAS, on June 30, 2005, the project was deemed incomplete by Staff pending
the submittal of additional information; and,
WHEREAS, on February 8, 2006, upon submittal of all required information, the
project was deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et seg., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that
with appropriate mitigation, there is no substantial evidence that the approval of ZON2005-
00296 would result in a significant adverse effect upon the environment and, therefore, a
Mitigated Negative Declaration has been prepared and notice of same was given in the
manner required by law; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
March 28, 2006, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The site is adequate in size and shape to accommodate the intended
uses because the site previously functioned as a gasoline station, the proposed project
complies with the setback requirements, the project will exceed the minimum landscaping
requirements, and contains existing fencing and walls that are part of the Golden Cove
Center that are adjacent to the site.
P.C. Resolution No. 2006-17
Page 1
Section 2: The site for the proposed use relates to streets and highways properly
designed to carry the type and quantity of traffic generated by the subject use because a
traffic impact study that was reviewed and approved by the City's Traffic Engineer,
indicates that it is not anticipated that the proposed project would degrade future traffic
conditions beyond acceptable levels. Although the proposed project will increase vehicular
traffic, the increase will not be significant since it will not adversely impact the level of
service (LOS) at the intersection of Hawthorne Boulevard and Palos Verdes Drive West
while the A.M. and P.M. peak hour LOS are unaffected by the additional traffic (i.e., the
existing plus project LOS remain at "B" in both cases).
Section 3: There will be no significant adverse effect on adjacent property or the
permitted use because mitigation measures have been incorporated that reduce the
potential impacts of aesthetics, geology and soils, and hazards and hazardous materials.
with regards to the sale of beer and wine, Alcoholic Beverage Control (ABC) staff has
indicated that the census tract in which the proposed project is located at does not have an
over-concentration of Type 20, Off-Sale Beer and Wine licenses.
ectiion 4: The proposed project, including the proposed off sale beer and wine, is
consistent with the General Plan's Commercial Retail land use designation of the site, and
with the types of land uses permitted within the Development Code's Commercial-
Neighborhood District and Automotive Service Station Overlay Control District.
Section 6: The site is located within the Automotive Service Station Overlay
Control District (OC-4). The re-established gasoline station use complies with the
applicable guidelines of the OC-4, with the exception of the driveways, pump island
setbacks, and hours of operation guidelines, which are existing improvements and
situations that will not be modified since the previous use operated without an impact to
ingress/egress and without an impact to on-site circulation.
Section 6: Conditions have been imposed to protect the health, safety and
general welfare,which includes setback and buffers,fencing, landscaping, maintenance of
structures, and other conditions, as identified in Exhibit "B" hereto.
Section 7: The proposed convenience store will not contribute to the undesirable
proliferation of such uses. This convenience store in the immediate neighborhood will not
result in a proliferation of such a use since the 7-Eleven convenience store will result in only
the second convenience store in the immediate area, with the next closest convenience
store being located at the Valero Gasoline station over 3-miles to the north along
Hawthorne Boulevard.
Section 8: The design of the proposed convenience store respects the visual
character of the site and enhances the surrounding area since the design of the building is
consistent with the architecture of the adjacent Golden Cove Center, resulting in a
development on the subject property that blends with the adjacent Center to create a more
cohesive appearance.
Section 9: The operation of this use, and in particular, the sale of alcoholic
beverages will not adversely affect adjacent or nearby places of worship, schools, parks,
P.C. Resolution No. 2006-17
Page 2
recreation centers, playgrounds or residences. The proposed project has been designed
and conditioned through appropriate mitigation measures and conditions to avoid adverse
affects to nearby schools, parks, residences, and places of worship. Further,with regards
to the sale of beer and wine, Alcoholic Beverage Control (ABC)staff has indicated that the
census tract in which the proposed project is located at does not have an over-
concentration of Type 20, Off-Sale Beer and Wine licenses.
Section 10: Although the convenience store is located within three hundred feet of
a residential or institutional use or zoning district boundary, the extra hour for operation,
between 11:00 p.m. and midnight, will not create a disturbance to the preschool since the
school does not operate, nor is occupied between the hours of 11:00 p.m. and 6:00 a.m.
Further, it will not disturb the residential neighbors to the north, since these residences are
at a higher elevation, and there is a major thoroughfare (i.e., Hawthorne Boulevard) that
separates the uses. Lastly, although Ocean Front Estates is located within 300-feet,these
residences are at lower elevations than the subject property, and these residences are also
separated by a common area lot owned by the homeowner's association, and by a major
thoroughfare (i.e., Palos Verdes Drive West).
action 11: The proposed concurrent sale of beer and wine and motor fuel will not
be significantly detrimental to the health, safety and welfare of the community since the
purchase of gasoline will not be contingent upon the purchase of beer and wine. Further,
the sale of beer and wine will be an ancillary use, occupying approximately 42 square feet
of the cooler area. Lastly, according to ABC staff, there is not an over-concentration of
such licenses in the area.
Section 12: A public hearing notice was published in a newspaper of general
circulation and given to owners of property within five hundred feet of the project, to all
persons requesting notice, to any affected homeowner associations, and the applicant
pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). The Mitigated
Negative Declaration was circulated to the County Recorder for a posting and comment
period of at least twenty days (as required by CEQA), and circulated to all appropriate
public agencies. Further, the City mailed notices to 83 property owners within a 500-foot
radius from the subject property, and subsequently published the notice in the Peninsula
News on March 4, 2006. Furthermore, notice was provided to two additional interested
parties that requested notification of the application.
action 13: The proposed concurrent sale of alcohol and motor fuels conforms to
the regulations of this section, Section 17.76.090(Automobile service stations)and Article 11
(Commercial Districts, Chapters 17.12 through 17.22) of this title. Since the subject
property is located within the Automotive Service Station Overlay Control District (OC-4),
the re-established gasoline station use complies with most of the applicable guidelines of
the OC-4. For the guidelines in which the use will not be in compliance, the Planning
Commission has the discretion to allow deviations to these guidelines. Since the driveways
and the pump island setbacks are existing improvements and situations that will not be
modified, these are not detriments to the site since the previous use operated without an
impact to ingress/egress and without an impact to on-site circulation. Lastly, development
of the convenience store is subject to the development standards set forth by Section
17.76.080. The convenience store will be consistent with the development standards of
P.C. Resolution No. 2006-17
Page 3
this section, including setbacks, building orientation,design and parking, and the necessary
convenience store findings have been made in a positive manner.
Section 14: The proposal is consistent with the sign standards of the City's
Development Code,while the portion of the monument sign within the intersection visibility
triangle will not create an impact to vehicular or pedestrian circulation.
Section 15. Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Chapter 17.80 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and
with the appropriate appeal fee, no later than fifteen (15) days following the date of the
Planning Commission's final action.
Section 16: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approves Case No. ZON2005-00296 for a Conditional Use Permit
Revision, Sign Permit and Site Plan Review, subject to the conditions of approval contained
in the attached Exhibit"B", attached hereto and made a part hereof,which are necessary to
protect the public health, safety, and welfare.
PASSED,APPROVED, and ADOPTED this 28th day of March 2006 by the following
roll cali vote:
AYES: Gerstner, Karp, Knight, Lewis, Perestam, Ruttenberg, Tetreault
NOES: None
ABSTENTIONS: None
A13SENT: None
me
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Jim Kni
Chair
'a AICP
Joel ,e
�P
Direc or f Plana ng, B ilding and
fo
, Secretary Code rceme t; d Secrete ry
to the Planning Commission
P.C. Resolution No. 2006-17
Page 4
Exhibit "B"
Conditions of Approval
Case No. ZON2005-00294
(Conditional Use Permit)
GENERAL
1 Prior to the submittal of plans into Building and Safety plan check, the applicant
and/or property owner shall submit to the City a statement, in writing, that they have
read, understand and agree to all conditions of approval contained in this approval.
Failure to provide said written statement within ninety(90)days following the date of
this approval shall render this approval null and void.
2. The approval shall become null and void after one year from the date of approval,
unless approved plans are submitted to the Building and Safety Division to initiate
the "plan check" review process.
3. All mitigation measures contained in the approved Mitigation Monitoring Program
contained in P.C. Resolution No. 2006-16 for the Mitigated Negative Declaration,
shall be incorporated into the implementation of the proposed project and adhered
to, and are incorporated herein by reference.
4. The proposed project shall be constructed in substantial compliance with the plans
dated and received by the Planning Department on November 4, 2005 by RHL
Design Group,
5. The Approval of Case No. ZON2005-00296 (Conditional Use Permit, Sign Permit
and Site Plan Review) allows demolishing the existing Unocal 76 service station
buildings and constructing a new 2,754 square foot 7-Eleven convenience store
building at a height of 20-feet. The approval also allows upgrading the existing fuel
dispensers to continue providing 4 fuel pump islands (8 fueling stations); modifying
the existing canopy by incorporating a new fascia and tiled pitched roof; a new
monument sign, and signage on the convenience store building and the canopy
fascia; new landscaping; a new trash enclosure; and 14 on-site parking spaces.
Lastly, in conjunction with the convenience store, the permit allows an ATM within
the building and the sale of beer and wine for off-site consumption (Type 20
License).
6. The Conditions of Approval contained herein shall be subject to review and
modifications, as deemed necessary and appropriate by the Planning
Commission, six (6) months after issuance of a final Certificate of Occupancy to
review the applicant's compliance with the conditions of approval. At that time, the
Planning Commission may add, delete or modify any conditions of approval as
deemed necessary and appropriate. Notice of said review hearing shall be
published and provided to owners of property within a 500' radius, to persons
requesting notice, to all affected homeowners associations, and to the property
owner in accordance with Rancho Palos Verdes Development Code Section
17.80.090. At that time, the Planning Commission may add, delete, or modify the
conditions of approval as deemed necessary and appropriate. As part of the six
P.C. Resolution No. 2006-17
Page 5
month review, the Planning Commission shall consider the parking conditions,
circulation patterns,the hours of operation, lighting, and noise impacts, in addition to
other concerns raised by the Commission and/or interested parties. If necessary,
the Planning Commission may impose more restrictive standards and conditions to
mitigate any impacts resulting from the operation of the shopping center.
7. The Director of Planning, Building and Code Enforcement is authorized to approve
minor modifications to the approved plans or any of the conditions if such
modifications achieve substantially the same results as would strict compliance with
said plans and conditions. Otherwise, all other modifications shall be subject to
review and approval by the Planning Commission.
8. In the event that a Planning requirement and a Building &Safety requirement are in
conflict with one another, the stricter standard shall apply.
9. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays.
10. The construction site shall be kept free of all loose materials resembling trash and
debris in excess of that material used for immediate construction purposes. Such
excess material may include, but is not limited to: the accumulation of debris,
garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials,
abandoned or discarded furniture, appliances or other household fixtures.
CONDITIONAL USE PERMIT
11. The proposed convenience store building shall not exceed 2,754 square feet in
area, as shown on the plans submitted to the Planning Department on November 4,
2005 by RHL Design Group.
12. The style, color and exterior materials of the convenience store building shall be
consistent with the architectural style, color and exterior materials of the buildings in
the adjacent Golden Cove Center.
13. The maximum height of the convenience store building shall be limited to 20-feet, as
measured from lowest finish grade adjacent to the structure to the highest point of
the structure. HEIGHT CERTIFICATION BY A REGISTEREDCIVIL ENGINEER
SHALL BE SUBMITTED TO THE PLANNINGDEPARTMENT PRIOR T
BUILDING PERMIT FINAL
14. The canopy shall be modified to include a tiled roof, as illustrated on the plans
submitted to the Planning Department on November 4,2005 by RHL Design Group.
The maximum height of the canopy shall be limited to the existing 18'-8" height.
HEIGHT CERTIFICATION OF THE CANOPY BY A REGISTEREDCIVIL
ENGINEER HALL BE SUBMITTEDTO THE PLANNING DEPARTMENT PRIOR
TO BUILDING PERMIT FINAL
P.C. Resolution No. 2006-17
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15. The style, color and exterior materials of the canopy shall be consistent and
compatible with the style, color and exterior materials of the buildings in the adjacent
Golden Cove Center.
16. Demolition of the canopy structure is not allowed by the permit.
17. With exception of the delivery of gasoline, no deliveries are permitted to the site
between the hours of 9:00 p. . to 5:00 a.m.
18. The ATM shall be inside the building, and shall not be accessible from the exterior of
the building to conduct transactions.
19. The maximum hours of operation of the convenience store, including the sale of
gasoline, shall be as follows:
Mondays through Sundays 5:00 a.m. — midnight
Further, the pumps shall not be allowed to dispense gasoline between midnight and
5:00 a.m. Any increases to the hours of operation shall require review and approval
of a Conditional Use Permit.
General
20. Approvals shall be obtained by the South Coast Air Quality Management District,
prior to issuance of building permits.
21. Prior to issuance of building permits, the property owner shall submit an Urban
Stormwater Plan in conformance with the requirements of the National Pollutant
Discharge Elimination System (NPDES) for review and approval by the City.
Li htin
22. The color, style and material of the new light standards in the parking lot and on the
convenience store building shall be consistent and compatible with the lampposts in
the Golden Cove Center.
23. The new light standards shall be limited to a maximum overall height of 15-feet, as
measured from the grade elevation of the parking lot surface adjacent to the light
standard to the top of the light standard. HEIGHT CERTIFICATION THE LIGHT
STANDARDS Y A REGISTEREDCIVIL ENGINEER SHALL BE SUBMITTEDT
THE PLANNING P T T PRIOR TO BUILDINGPERMIT FINAL.
24. All exterior lighting shall be arranged and shielded as to prevent direct illumination of
surrounding property and to prevent distraction of drivers of vehicles on public
rights-of-way. Luminaries shall be of low-level, indirect and diffused type. All
P.C. Resolution No. 2006-17
Page 7
lighting under canopies shall be covered with diffusing lenses and shielded such that
the light source is not visible.
25. No one fixture shall exceed 1,200 watts and the light source shall not be directed
toward or result in direct illumination of a parcel of property or properties other than
that upon which such light source is physically located. All exterior lighting shall be
arranged and shielded as to prevent direct illumination of abutting properties and to
prevent distraction of drivers of vehicles on public rights-of-way. Further, the color
temperature of the lights shall be generally similar to those in the Golden Cove
Center.
26. No building-mounted outdoor lighting shall be permitted where the light source or
fixture is mounted more than sixteen (16)feet above grade, adjacent to the building.
27. All outdoor lighting, including all outdoor illuminated signs, shall be turned off by'/-
hour after closing Monday through Sunday, except for lighting used for security.
The applicant shall provide the Planning Department with a lighting plan for review
and approval by the planning director that indicates the lights that will remain lit
throughout the evening for security.
28. The spanners located above the gas pumps shall not be illuminated.
Parking
29. A total of 14 parking spaces shall be provided on the subject site which consist of 13
standard stalls measuring 9' x 20', and one handicapped parking stall with the
minimum measurement standards in compliance with ADA requirements. Further,
one loading shall be provided in compliance with the standards set forth in Section
17.50.050 (Loading) of the City's Development Code. The parking stalls must
comply with the dimensions and specifications of the Uniform Building Code.
30. The parking spaces required by condition 28 above shall be clearly marked with 4-
inch wide striping and clearly identified as parking spaces to the satisfaction of the
Director of Planning, Building and Code Enforcement.
Signs
31. The signage on the subject property shall be subject to the following conditions:
a) One 6-foot maximum height freestanding illuminated monument sign at the
northwestern corner of the property, at the intersection of Hawthorne Boulevard
and Palos Verdes Drive West.
b) The illuminated monument sign shall only be used to advertise the price of
gasoline, and as an advertisement sign for the 7-Eleven convenience store. The
maximum cumulative sign area shall be limited to 32 square feet.
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Page 8
c) A maximum of one wall mounted illuminated sign is allowed on the north and
west elevations of the entry tower of the convenience store building. The sign
shall be limited to 21 square feet.
d) The signage on the convenience store building shall be of reverse channel
lettering only. The maximum letter height shall be limited to 24-inches.
e) Except for the number 7", the color of the remaining letters shall be green.
f) The signage allowed on the canopy is limited to the fascia on the north and west
elevations, which shall be comprised of one 3' x 3' illuminated sign on each
elevation.
g) One spanner (advertisement) sign above each fuel pump (total of four).
h) Temporary window signs located on the convenience store not to exceed 10%of
the total area of the window, excluding lottery signs.
i) Permanent window signs located on the convenience store not to exceed 5%of
I the total area of the window, excluding lottery signs.
j) One illuminated sign advertising an Automated Teller Machine (ATM) on the
exterior of the building is allowed, measuring up to 2' x 2' in area.
k) Temporary signage shall be allowed pursuant to Section 17.76.050 of the City's
Development Code.
1) No flags or pennants are permitted.
m) No flashing, moving, pulsating, intermittently lighted signs, including searchlights
are permitted.
n) No neon signs are permitted.
Maintenance
32. All proposed roof top mechanical equipment shall be adequately screened from
adjacent private properties and the public and private right-of-ways to the
satisfaction of the Director of Planning, Building and Code Enforcement.
33. All hardscape surfaces, such as the parking lot and walkways, shall be properly
maintained and kept clear of trash and debris at all times. The property owners
shall provide weekly sweep cleaning and leaf blowing that shall be permitted
Mondays through Fridays from 8:00 a.m. to 5:00 p.m., on Saturdays from 9:00 a.m.
to 4:00 p.m. and at no time on Sundays and national holidays
P.C. Resolution No. 2006-17
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34. Trash pick-ups and trash sweepers shall be allowed only between the hours of 7:00
a.m. and 7:00 p.m., Mondays through Sundays.
35. All mechanical equipment and the operation of machinery shall not exceed noise
levels in excess of sixty-five (65 dBA) decibels, as measured from the closest
property line adjacent to the mechanical equipment. Further, except for mechanical
equipment used for refrigeration, all other mechanical equipment and machinery
shall operate between the hours of 7:00 a.m. and 7:00 p.m.
36. The storage of all good, wares, merchandise, produce and other commodities shall
be housed in permanently, entirely enclosed structures, unless being transported.
37. One trash enclosure shall be required, which shall fully enclose and visually screen
the required trash receptacle from the public's view. Further, a trellis structure,
consistent with the trellises above the enclosures at the Golden Cove Center, shall
be constructed over the on-site trash enclosure up to a maximum overall height of
12-feet.
38. The Healy vapor recovery tank shall be contained within the trash enclosure area,
and shall be screened from the public's view.
Utilities
39. Any new utility lines shall be placed underground.
Landscaping
40. Landscaping shall be planted in substantial compliance with the plans dated and
received by the Planning Department on November 4, 2005.
41. All trees shall be of a species type that does not exceed sixteen (16)feet in height at
maturity.
42. A 32-inch high berm shall be installed within the planting areas between the streets
and the on-site parking stalls.
43. Prior to building permit issuance, the applicant shall obtain a Public Works permit for
the landscaping, planters and associated 6-inch curb that are in the public rights-of-
way.
44. All landscaping shall be planted and installed prior to building permit final to the
satisfaction of the Director of Planning, Building and Code Enforcement
Noise
45. With the exception of the system to speak to the attendant from the gasoline pumps,
no amplified sound system, loud speakers or stereo speakers shall be permitted.
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Page 10
Beer and Wine
46, No beer or wine shall be displayed within five feet of the cash register or the front
door.
47. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
48. No alcoholic beverages shall be sold from a drive-through window.
49. Beer or wine shall not be sold from, or displayed in, an ice tub.
50. No self-illuminated advertising for beer and wine shall be located on buildings or
windows.
51. Employees on duty between the hours of ten p.m. and midnight who sell beer and
wine shall be at least twenty-one years of age.
52. The applicant shall comply with all other requirements and conditions imposed by
the State of California Department of Alcoholic Beverage Control (ABC). In the
event that any of the City-imposed conditions conflict with the conditions and/or
requirements of ABC, the stricter shall apply.
MISCELLANEOUS
53. Prior to issuance of building permits, the property owner shall submit geotechnical
and soils reports to the City for review and approvals by the Building Official and the
City's Geotechnical Consultant. All conditions specified in the approved
geotechnical and soils reports shall be incorporated into the project.
54. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitted agency or City Department, the stricter shall
apply.
55. The applicant shall obtain all required permits, including demolition permits,from the
appropriate public agencies.
56. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing.
57. The owner and applicant shall abide by all Municipal Code requirements pertaining
to the subject property.
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