PC RES 2013-028 P.C. RESOLUTION NO. 2013-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES CONDITIONALLY APPROVING AN
AMENDMENT TO THE GOLDEN COVE CENTER CONDITIONAL
USE PERMIT, THEREBY COMBINING ALL CONDITIONS OF
APPROVAL RELATED TO THE CENTER'S OPERATIONS AND
DEVELOPMENT STANDARDS INTO ONE DOCUMENT,FOR THE
PROPERTY COMMONLY KNOWN AS GOLDEN COVE CENTER
(31100 -- 31176, AND 31212 — 31246 PALOS VERDES DRIVE
WEST—CASE NO. ZON2010-00402).
WHEREAS, on October 12, 1999, the Planning Commission adopted P.C. Resolution No.
99-39 and 99-40, thereby certifying a Mitigated Negative Declaration and conditionally approving
Conditional Use Permit No. 206 for the construction of three buildings (referred to as Buildings D, E
and F) located adjacent to Palos Verdes Drive West. In addition to the construction of the three
buildings, open-air trellises were permitted to be constructed surrounding the three buildings; and,
WHEREAS, on December 11, 2008, the Planning Commission adopted P.C. Resolution
Nos. 2008-55 and 2008-56, thereby certifying a Mitigated Negative Declaration and conditionally
approving a Revision to Conditional Use Permit No. 206 to demolish and build a new Building C
(previously Golden Lotus Restaurant)for the construction of a new building in the same location for
a new grocery store to be occupied by Trader Joe's; and,
WHERES, on March 8, 2011,the Planning Commission adopted P.C. Resolution No.2011-
13, conditionally approving a Revision to Conditional Use Permit No.206 to modify the roof structure
of three existing open-air trellises located on Buildings D, E and F to be remodeled with a solid
roof/canopy with additional outdoor dining underneath two of the covered patios. At that time, the
Planning Commission required a one-time review of the Golden Cove Center's conditions of
approval and their effectiveness with the operations of the Center to be held no sooner than one
year following the final approval of the requested revision; and,
WHEREAS, on October 21, 2013, Staff mailed notices to 108 property owners within a 500-
foot radius from the subject property. The public notice was also published in the Peninsula News
on October 24, 2013; 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 Regulations,Title 14, Section 15000 et. seq.,the City's Local CEQA Guidelines, and Government
Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the proposed project
which includes combining all applicable conditions of approval for the Golden Cove Center
Condition Use Permit into one document has been found to be categorically exempt under Class 1
(Existing Facilities) since the project will not significantly intensify or expand the existing use on the
property because the uses and conditions of approval are already existing; 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 November 12,
2013, at which time all interested parties were given an opportunity to be heard and present
evidence; and,
P.C. Resolution No. 2013-28
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WHEREAS, on November 12, 2013, the Planning Commission reviewed a proposal to
combine all applicable conditions of approval related to the Golden Cove Center into one resolution,
including modifying and deleting some conditions of approval that no longer apply to the property,
and directed Staff to return to the next Planning Commission meeting with a Resolution to adopt the
reformatted conditions of approval; and,
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: The commercial development continues to be adequate in size and shape to
accommodate the uses of the Golden Cove commercial shopping centerwithout interfering with the
parking configuration or traffic circulation patterns on the site. This is due to the fact that the existing
site has sufficient parking for the existing commercial uses and the property owner has provided
more than the required parking spaces for the property. Furthermore, the applicant continues to
submit an updated Tenant List to the City for review to ensure that the new uses/tenants will not
significantly affect the existing parking conditions, The commercial development for the existing
commercial uses continues to relate to streets and highways in a sufficient manner to carry the type
and quantity of traffic generated by the proposed project.
Section 2: The commercial development continues to operate within the conditionally
permitted hours of operation between 6:00 am and midnight. The Trader Joe's grocery store was
originally limited to operating between the hours of 9:00 am and 9:00 pm, however the actual
business hours are 8:00 am to 9:00 pm. After monitoring the change in operating hours for three
years, no new impacts have occurred. The condition of approval related to the grocery store's
operating hours will formally be changed to reflect the store's actual hours of operation between the
hours of 8:00 am and 9:00 pm.
Section 3: The parking on site is sufficient to sustain the current mix of uses on the
property, however delivery trucks were found to impact the available parking during the peak parking
time between 12:00 pm and 1:30 pm. As such, the hours for delivery trucks were amended to
prohibit delivery trucks between the hours of 11:30 am and 1:30 pm to ensure that delivery services
do not impact or block available parking on site.
Section 4: The existing commercial center continues to be consistent with the General
Plan's Land Use Policy Map as a commercial zone. According to the General Plan, commercial
zones are designated to accommodate services that serve the immediate neighborhood, while
preserving the character of the Peninsula. The General Plan states that the Golden Cove Center
should be redesigned and revitalized based on convenience and need of the immediate community
and improvements should be designed to create a more cohesive connection between existing
buildings.
Section 5: Conditions of approval from previous project reviews which relate to the
Center's operations and development standards, and which the Planning Commission finds to be
necessary to protect the health, safety and general welfare, have been incorporated herein, into one
document,
Section 6: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth
the grounds of the appeal and any specific actions requested by the appellant, and accompanied by
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the appropriate appeal fee, no later than fifteen (15) days following December 3, 2013, the date of
the Planning Commission's final action.
Section 7: For the foregoing reasons and based on the information and findings included
in the November 12, 2013 Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally approves Resolution No,
2013- thereby combining or modifying all applicable conditions of approval related to the Golden
Cove�Center's operations and development standards into one document,and deleting conditions of
approval which no longer apply to the operation of the Golden Cove Center,
PASSED, APPROVED, AND ADOPTED this 10t' day of December 2013, by the following vote:
AYES: Commissioners Gerstner, Nelson, Tetreault, Vice Chairman Leon and
Chairman Emenhiser
NOES: None
ABSTENTIONS: Commissioner Tomblin
RECUSSALS: None
ABSENT: Commissioner Lewis
David Emenhiser
Chairman
Joel Rq"as\AICD
Com unity Develop0ent irector
P.C. Resolution No. 2013-28
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EXHIBIT "A"
Conditions of Approval
(CUP 206)
General
1. Prior to the submittal of and 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 Golden Cove Center commercial development, including site layout, the building
heights, and signage throughout the site, shall be constructed and maintained in substantial
compliance with the plans reviewed and approved by the Planning Commission on March 8,
2011, and December 11, 2008.
3. The Community Development Director 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,
4, In the event that a Planning requirement and a Building & Safety requirement are in conflict
with one another, the stricter standard shall apply.
5. The hours of demolition, grading and construction shall be limited to Monday through
Saturday, as permitted by the City's Municipal Code. No construction shall be permitted on
Sundays or on legal holidays. Further, trucks shall not park, queue and/or idle at the project
site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in
accordance with the permitted hours of construction stated above.
6. The commercial development site, when under construction, 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,
7. All mitigation measures contained in the approved Mitigated Negative Declaration No. 711,
shall be incorporated into the implementation of the construction and operation of Buildings,
D, E and F and adhered to, and are incorporated herein by reference.
8. All mitigation measures contained in the approved Mitigation Monitoring Program contained
in P.C. Resolution No. 2008-55 for the adopted Mitigated Negative Declaration, shall be
incorporated into the implementation and operation of the Trader Joe's grocery store and
adhered to, and are incorporated herein by reference,
9. Prior to the alteration of any existing, approved drainage patterns on-site, a hydrology study
and drainage plan, prepared and wet-stamped by a licensed engineer, shall be submitted to
the Community Development Department for review and approval by the City. Said plan
shall indicate all drainage patterns and mitigation measures thatwill prevent on-site flooding.
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10. The property owner shall be in substantial conformance with the requirements of the
National Pollutant Discharge Elimination System (NPDES) requirements, and shall obtainfar
approval by the City when appllcable,
Development Standards and Operation Requirements
11. The maximum hours of operation for all uses and tenants within the center, with the
exception of Trader Joe's grocery store(see Condition No. 24), shall be 6:00 am to midnight,
Monday through Sunday,
12. Buildings "D," "E," and "F" shall maintain a minimum setback of thirty (30) feet from the
abutting street (Palos Verdes Drive West) and the first fifteen (15) feet, as measured from
the property line, shall be landscaped, and shall not exceed a combined total square footage
of 5,250 square feet without obtaining the appropriate approvals from the City.
13. The following improvements at the Golden Cove Center were permitted through Case No.
ZON2008-00541 and were completed in 2010:
a) Demolish the existing restaurant building measuring 6,815 square feet (formerly
known as the "Golden Lotus")
b) The sale of general alcohol for off-site consumption (ABC Type 21 License).
c) Restriping and reconfiguring the existing parking lot from angled parking to 90
degree parking with 2-way aisles.
d) A courtyard area along the front of the existing two-story building.
e) Closure of the enter-only driveway from Palos Verdes Drive West to provide
additional common space to the area adjacent to Starbucks Coffee (Building "D")
f) Relocation of the existing trash enclosure as depicted on the site plan approved by
the Planning Commission on December 11, 2008.
g) A new pedestrian entry feature between the parking lot and the restaurants along the
western portion of the site.
14. The pedestrian feature approved in Condition No. 13(g), shall be limited to a maximum
height of 12-feet in overall height.
15. The following improvements at the Golden Cove Center were permitted through Case No.
ZON2010-00402 (Revision to Conditional Use Permit No. 206), and were completed in
2012, allowing a remodel of three existing 459 square foot trellises located along the north
side of Building D, east side of Building E and south side of Building F to be converted from
open-air trellises to solid roofed covered patios. In addition two of the covered patios are
permitted to be used for outdoor dining at a maximum of 375 square feet,
(MINOR EXCEPTION PERMIT APPROVED ON APRIL 5, 2013, TO ENCLOSE THE
COVERED PATIO ALONG THE NORTH SIDE OF BUILDING D — CASE NO. ZON2013-
00062)
16. The existing garden walls and landscaping between Palos Verdes Drive West and the
restaurants along the western portion of the site, shall be extended to close the entry-only
driveway to provide the additional patio area adjacent to Starbucks Coffee (Building "D"),
17. The property owner shall provide and maintain a 6'-0" tall solid barrier wall along the south
property line.
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(THIS CONDITION WAS MODIFIED AND APPROVED BY THE CITY COUNCIL ON JUNE
7, 2011 — RESOLUTION NO. 2011-34).
18. With the exception of Trader Joe's, which has specific delivery times, all deliveries of
commercial goods and supplies,- such as, but not limited to,trash pick-ups, trash sweepers,
and delivery trucks, shall be conducted between the hours of 7:00am and 7:00pm on
weekends, and between the hours of 7:00am to 11:30am, and 1:30pm and 7:00pm on
weekdays. Deliveries, as outlined in this condition, shall not occur between the peak parking
demand hours of 11:30am and 1:30pm on weekdays,
Trader Joe's Conditions of Approval
19, The trash enclosure adjacent to Trader Joe's grocery store shall maintain a trellis over the
enclosure.
20. The Trader Joe's grocery story building shall be limited to a maximum of 11,000 square feet
of retail floor area, with a maximum 1,200 square foot mezzanine above. Thus, a maximum
gross floor area of 12,200 square feet is approved.
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, STRUCTURE
SIZE CERTIFICATION IS REQUIRED BYA LICENSED LANDSURVEYOR OR ENGINEER
PRIOR TO BUILDING PERMIT FINAL OF THE GROCERY STORY.
21. The maximum overall height of the Trader Joe's grocery store building is limited to 26'-3". In
no case, however, shall the maximum ridgeline elevation of the building be higher than
elevation 287,55'.
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE
HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR
ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS.
22, The Trader Joe's grocery store building shall maintain a 15'-0" setback from the northerly
property line along Hawthorne Boulevard, and a 6-6" setback from the southerly property
line that is shared with 7-Eleven, as approved through a Variance by the Planning
Commission on December 11, 2008.
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, SETBACK
CERTIFICATION IS REQUIRED BY A LICENSED LAND, SURVEYOR OR ENGINEER
PRIOR TO POURING OF FOOTINGS.
21 Hours of operation of the Trader Joe's grocery store are limited to 8:00am to 9:00pm,
Monday through Sunday.
24, Deliveries to the Trader Joe's grocery store building are permitted Monday through Sunday,
only between the hours of 5:00 am to 7:30 am and 9:00pm to 1 1:00pm,
Maintenance & Mechanical Equipment
25. All existing and proposed roof top mechanical equipment shall be adequately screened from
adjacent private properties and the public and private right-of-ways. Furthermore, the roof
top mechanical equipment for the existing two-story office/retail building shall be visually
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screened with a three-foot high parapet wall around the perimeter of the existing roof, as
shown on the plans dated approved by the Planning Commission on October 12, 1999,
26. All mechanical equipment and the operation of machinery shall not exceed noise levels in
excess of sixty-five decibels (65 dBA), as measured from the closest property line adjacent
to the mechanical equipment and shall operate between the hours 7.00,arn and 7:00pm.
27. The storage of all goods, wares, merchandise, produce and other commodities shall be
housed in permanently, entirely enclosed structures, unless being transported.
28. All trash receptacles shall be fully enclosed and visually screened from the public's view.
29. 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
8:00arn to 5:OOpm, on Saturdays from 9:00arn to 4:00prn and at no time on Sundays and
national holidays.
Noise
30, All noise levels generated by the subject center shall not exceed a maximum level of sixty-
five (65dBA) decibels.
31. No amplified sound, including but not limited to, loud speakers, stereo speakers, and
microphones, shall be permitted throughout the center, including all outdoor dining areas.
For special events, temporary amplified sound may be permitted provided that he applicants
obtain a Special Use Permit from the Community Development Department in advance of
the event. Any amendment to this condition shall be reviewed by the Planning Commission
as a Conditional Use Permit amendment,
Outdoor Dining
32. The outdoor dining area on the west side and adjacent to the three buildings off Palos
Verdes West shall remain uncovered and open to the sky, with the exception of an open
trellis.The outdoor dining area on the north side of Building D and the south side of Building
F may be covered with a solid roof and shall be permitted to have a maximum of 375 square
feet of outdoor dining underneath each roof.All trellis areas,whether they are covered or not
covered, shall respect all City setbacks and shall not exceed a maximum height of 12'-0"
(modified from Condition No. 20 of Planning Commission Resolution No. 99-40).
(MINOR EXCEPTION PERMIT APPROVED ON APRIL 5, 2013, TO ENCLOSE THE
COVERED PATIO ALONG THE NORTH SIDE OF BUILDING D — CASE NO, ZON2013-
00062)
33, All outdoor dining areas shall remain open and shall not be allowed to be sectioned off or
barricaded in a manner that restricts free passage by pedestrians. Any proposal to section
off or barricade outdoor dining areas for the exclusive use by tenants shall require an
approval of a CUP Revision by the Planning Commission pursuant to a duly noticed public
hearing.
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Parkin g. Requirements
34, The total parking spaces in the shopping center shall not be less than 307 spaces per the
approved parking plan on file with the City, With the addition of the new outdoor dining
areas, the Center's total parking demand was determined to be 296 parking spaces. This
demand is based on the November 4, 2008 Traffic Impact Study which was prepared as part
of the Trader Joe's CUP Revision (Resolution No. 2008-56) and the Tenant List dated
March 7, 2011 (presented to the Planning Commission on March 8, 2011). To ensure that
the Center's overall parking demand does not exceed the available total number of parking
spaces (307 spaces), all future tenants shall obtain approval by the Director prior to
occupancy and/or issuance of a Building Permit for tenant improvements. In order to obtain
Director approval, all future tenants shall present an updated tenant list that demonstrates to
the Director that adding said tenant to the Center will not exceed the overall parking demand
of 296 spaces.
35, A parking program shall be developed and enforced by the property owner that mandates
parking by employees in the Golden Cove Center to park in the stalls located along the
eastern property line and to the rear of Building A (the existing two-story building),
36. Signage shall be posted throughout the parking lot limiting parking to no longer than four
hours. Said signage shall comply with the regulations of the California Vehicle Code. The
owner and/or property manager shall be responsible for monitoring and enforcing the time
limitations.
Off-Site and On-Site Circulation
37. "Do Not Enter, Wrong Way" signage shall be installed and maintained at the back of the
existing Building "A" (as shown on the approved parking and circulation site plan)to reduce
the possibility of motorists traveling eastbound into the westbound one-way drive aisle
adjacent to the Building "E."
38, The proposed one-way westbound drive aisle along the north side of Building "A" shall be
designated as a two-way drive aisle by installing two-way directional pavement arrows at
each end of that drive aisle.
39. Two-way directional pavement arrows shall be installed and maintained at each end of each
two-way directional aisle-way. One-way directional pavement arrows shall be installed and
maintained at each end of each one-way directional aisle-way.
40. The parking spaces adjacent to Building "E" shall be oriented at a 90 degree angle to
maintain a two-way drive aisle.
41. Appropriate corner sight distance from 8-feet behind curb face shall be provided at the
driveways accessing Palos Verdes Drive West and Hawthorne Boulevard. The corner sight
distance on Palos Verdes Drive West shall be 550 feet based on a 50 mph 85th percentile
speed and the corner sight distance on Hawthorne Boulevard shall be 495 feet based on a
45 mph 85 ih percentile speed.
Liq�
42. A lighting plan prepared by a lighting contractor shall be submitted and approved by to the
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City when any changes to outdoor lighting are proposed. The lighting plan shall include the
location, height, number of lights, wattage and estimates of maximum illumination on site
and spill/glare at the property lines and shall be reviewed and approved by the Planning
Director. After sixty (60) days from the date of installation, all lighting shall be tested for
conformance with the Community Development Director.
43. 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 so
as to prevent direct illumination of abutting properties and to prevent distraction of drivers of
vehicles on public rights-of-way.
44. No new outdoor lighting shall be permitted where the light source or fixture, if located on a
building, is above the line of the eaves. If the light source or fixture is located on a building
with no eaves, or if located on a standard or pole,the light source or fixture shall not be more
than sixteen (16) feet above existing grade, adjacent to the building or pole.
45. All outdoor lighting shall be turned off by 1,00am Mondays through Sundays, except for
lighting used for security. The applicant shall maintain all site lighting as depicted on the
plans approved by the Community Development Director.
�i!
46, A Master Sign Program shall be reviewed and approved by the Planning Commission.
47. A sign shall be posted and maintained at the driveway behind the existing Montessori
School, requiring that only a right turn can be made onto Hawthorne Blvd,,
Utilities
48. All new utility lines shall be placed underground.
Landscaping
49. Prior to issuance of building permits for the construction of Buildings "D," "E," and "F," a
detailed landscape plan shall be submitted to the Community Development Department,
indicating the types and sizes of plants to be used, for review and approval by the
Community Development Director. The landscape plan shall indicate how all trash
receptacles will be screened,
50. The existing parking lot shall be improved with planters that will contain vegetation not to
exceed sixteen (16) feet in height at maturity,
51. All on-site foliage that exceeds sixteen (16) feet in height shall be trimmed to a height no
higher than sixteen (16) feet or entirely removed from the root system and replaced with
foliage that does not exceed sixteen (16)feet in.height at maturity. If the foliage is trimmed to
sixteen (16) feet and subsequently dies, such foliage shall be removed and replaced with
foliage that does not exceed sixteen (16) feet in height at maturity.
52. The perimeter of the subject property shall be landscaped with foliage that does not exceed
sixteen (16)feet in height at maturity, as measured fifteen (15)feet in from the property lines
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abutting a street.
53. The existing perimeter walls enclosing the subject property shall be improved with a stucco
finish resembling the color and texture used for the structures on the subject property.
54. The area between the proposed retaining wall and garden wall adjacent to the western
property line, along Palos Verdes Drive West, shall be landscaped.
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