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PC RES 1978-026RESOLUTION P.C. 78- 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES GRANTING CONDITIONAL USE PERMIT NO. 37 FOR THE IMPROVEMENT OF A COMMERCIAL FACILITY IN A COMMERCIAL RECREATIONAL ZONE. WHEREAS, Hanna -Barbara Marineland has requested a Conditonal Use Permit for "Phase 1" of an overall improvement plan for an existing commercial recre- ational facility located at 6610 Palos Verdes Drive South, which is in a Commercial Recreation (CR) zone; and WHEREAS, proper notice was made pursuant to the provisions of the City's Development Code and public hearings were held on December 21, 1977 and January 10, 1978, 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: That the improvements included in the Phase 1 include: A. Relocation of the main pedestrian entrance; B. Conversion of a portion of the western parking lot into an activity area which includes a picnic area, aquarium (Baia Reef Display), a structure enclosing marine displays, restrooms, relocated stranded animals unit, and general landscaping; C. Remodel of an existing structure to allow for food service and small theatre; D. Construction of a multi-purpose maintenance building; E. Relocation of a children's play area; and F. General landscaping and associated grading. Section 2: That the proposed improvements are permitted in a commercial recreational zone, subject to the issuance of a conditional use permit. Section 3: That the site is served by Palos Verdes Drive South, which is classified as an improved arterial street and is designed to carry the type and quantity of traffic generated by the proposed improvements. Section 4: That the proposed improvements are for Phase 1 only, and with the safeguards and conditons imposed by this permit, will cause no significant adverse effects to adjacent properties or the permitted uses thereof. Further, the Planning Commission does hereby declare that a Negative Declaration was granted for the overall improvement plan, in compliance with City and State guidelines pursuant to the California Environmental Quality Act, and that the Commission has reviewed and considered the contents of the initial study in reaching its decision. The Planning Commission further finds that the approval of this Conditional Use Permit will not result in significant adverse environ- mental impact since measures to mitigate Phase 1 impacts to traffic, parking, and cultural resources are included as conditions of approval, as follows: A. Potential significant traffic impacts to the affected routes, as identified in the initial study, will be mitigated through the strict compliance with Condition No. 7 of the attached exhibit, which sets standards for a traffic plan and establishes a monitoring system; rl i B. The adverse impact that would result to parking facilities, if the plan is implemented, will be mitigated through compliance with Condition No. 5 of the attached exhibit, which requires a minimum number of permanent parking spaces and a monitoring system; C. The potential impacts to archaeologic and paleontologic resources will be mitigated through compliance with Condition No. 6 of the attached exhibit, which requires a survey to determine that, if any, resources are present. Section 5: That the proposed improvements are in conformity with the General Plan, which designates the site as being appropriate for said use. Section 6: That given the project's location, design, adjacent uses, and lot configuration and size, the site is adequate to accommodate the proposed use. Section 7: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby grants approval of Conditional Use Permit No. 37, subject to the conditions found in Exhibit "A", which are necessary to protect and preserve the health, safety and general welfare in the area and to mitigate potential significant adverse environmental impacts. APPROVED and ADOPTED this 24th day of January , 1978. Sharon W. Hightower Director of Planning and Secretary to the Commission J A hn C. McTaggarf-, P Page Two of Resolution P.C. 78-26 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 37 IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Conditional Use Permit shall expire within one (1) year unless develop- ment has been initiated. 2. All final site, building, landscaping, irrigation, lighting, and grading plans shall be approved by the Director of Planning prior to issuance of any construction permits. 3. All signs, as defined by the City's Development Code, will be subject to the provisions of Chapter 6, Part 7. 4. Prior to clearance of -this permit, the developer shall be required to post a bond, cash deposit, or combination thereof, for improvements to the center- line of Palos Verdes Drive South, pursuant to the City's street standards and including improvement of the westbound left turn lane to the City stan- dards. If said bond is not utilized within five (5) years, it shall be re- leased to the developer. 5. The developer shall provide at least 2129 permanent parking spaces, which may include up to 20% (or 426 spaces) allocated for compact cars. At such time that the peak daily attendance reaches 9,965 patrons, or the available parking reaches saturation, the developer shall submit to the Director of Planning a plan to create the required number of parking spaces based on a two (2) year projection of peak daily attendance. These additionally re- quired spaces may be permanent (paved or equal) or of a temporary nature (turf or compacted earth). 6. In order to mitigate any potential impacts to archaeological and paleontolo- gical resources, the following steps shall be undertaken by the applicant: A. Qualified persons (archaeologist and paleontologist) shall perform a survey to determine the liklihood of any archaeological or paleonto- logical resources being present on the site. The surveys should in- clude, but not be limited to, a walk -over and -records search. A copy of said survey shall be supplied to the Director of Planning for review. B. Should the surveys reveal the presence of such resources, the following procedure shall be undertaken prior to any grading or construction activity: (1) Definitive tests shall be conducted to determine the extent and location of the resource. (2) If the tests indicate the presence of said resources, the developer shall -be required to preserve or excavate all resources. (3) A qualified observer(s) shall be present during all rough grading operations. C. Should the surveys reveal no resources, no further action will be neces- sary. 7. Prior to final clearance of this permit the developer shall prepare and im- plement a written plan for the purpose of reducing Marineland generated traffic on the following routes: Palos Verdes Drive West (from Palos Verdes Estates) and Palos Verdes Drive South/25th Street (from San Pedro). Said plan shall provide for a reduction of 145 cars per peak hour on the Palos Verdes Drive South/25th Street route and a reduction of 75 cars per peak hour on the Palos Verdes Drive West route. The plan, which shall be sub- mitted to the Director of Planning for approval, shall include, but not be limited to: Exhibit "A" of P.C. Resolution 78-26 A. Use of media (for example - radio, T.V., newspaper, signs); B. Emphasis on off-peak season use by patrons; C. Encouraged use of mass transit systems (public and private); -and D. A survey of patrons to determine origin and traffic patterns. This survey shall be conducted annually and submitted to the Director of Planning for review. Any significant change to said plan by the developer must be reviewed by the Director of Planning. 8. In order to ensure compliance with the intent of this Conditional Use Permit, the City shall cause an annual review of this permit to be under- taken by the Director of Planning. 9. Prior to any "special events", which are defined as any event not typical to the normal operation of Marineland, a Special Use Permit application shall be submitted. 10. Approval of this Conditional Use Permit is subject to approval of the California Coastal Zone Conservation Commission without substantial modi- fications thereto. 11. Within thirty (30) days of this date, the developer shall submit a written statement certifying that all of the above conditions are understood and agreed upon. SEE ATTACHED CONDITION ADDED BY CITY COUNCIL 2/21/78 Page Two Exhibit "A" of P.C. Resolution 78-26 A. Use of media (for example - radio, T.V., newspaper, signs); B. Emphasis on off-peak season use by patrons; C. Encouraged use of mass transit systems (public and private); and D. A survey of patrons to determine origin and traffic patterns. This survey shall be conducted annually and submitted to the Director of Planning for review. Any significant change to said plan by the developer must be reviewed by the Director of Planning. 8. In order to ensure compliance with the intent of this Conditional Use Permit, the City shall cause an annual review of this permit to be under- taken by the Director of Planning. 9. Prior to any "special events", which are defined as any event not typical to the normal operation of Marineland, a Special Use Permit application shall be submitted. 10. Approval of this Conditional Use Permit is subject to approval of the California Coastal Zone Conservation Commission without substantial modi- fications thereto. 11. Within thirty (30) days of this date, the developer shall submit a written statement certifying that all of the above conditions are understood and agreed upon. 12. If Marineland decides to apply for a Conditional Use Permit or any other approval required to construct one or more of those other improvements described in the "Initial Study for Environmental Assessment No.,,326", but not applied for and approved by Conditional Use Permit No. 37, it must submit to the City a draft Environmental Impact Report for processing pursuant to City ordinances and the California Environmental Quality Act. The provisions of this Conditional No. 12 will not be revoked, waived or modified in any manner. *Added by minute order of the City Council at their Regular Meeting held on February 21, 1978. I HEREBY CERTIFY that the foregoing document is a full, true and correct copy of Resolution P.C. 78-26, on file in the office of the City Clerk of the City of Rancho Palos Verdes, California. F ItV -C�l D"- t�t�­ Page Two Exhibit "A" of P. ition7826-