PC RES 1987-037T f �
RESOLUTION P.C. NO. 87 - 37
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A NEGATIVE
DECLARATION, CONDITIONAL USE PERMIT NO. 120 AND
VARIANCE NO. 167 FOR A NEW COMMERCIAL BUILDING
AT 29519 WESTERN AVENUE.
WHEREAS, the applicant, J/West Inc., has requested approval
of a Conditional Use Permit and a Variance for a reduced parking
requirement for a 2,055 square foot automotive service building
located at 29519 Western Avenue; and
WHEREAS, the Planning Commission of the City of Rancho Palos
Verdes conducted a public hearing on July 28, 1987, 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 subject use, with safeguards and
conditions imposed by this approval, 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 in compliance with City
and State guidelines 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 a significant
adverse environmental impact.
Section 2: The findings to approve the Conditional Use
Permit are as follows:
;y
a. That the proposed construction of a retail commercial
building is permitted in the zone, subject to the issuance of
a Conditional Use Permit.
b. That the proposed project is not contrary with the intent
of the General Plan and Specific Plan III.
C. That, given the project's location, design, and the uses
adjacent to the subject property, which include retail,
commercial and residential units on the slope above, granting
the Conditional Use Permit will not adversely affect the
peace, health, safety or general welfare of persons or
properties in the surrounding area.
d. That the development and proposed use is clearly within
the intent of Chapter 17.16, is consistent with the
definition of a Commercial General zone and is compatible
Resolution P.C. No. 87 - 37
Page 1
r
with other permitted uses in the district.
e. That the subject property being approximately ten
thousand eighty square feet, is adequate in size and shape to
accommodate the proposed uses and other development features
which might be prescribed in this Resolution.
f. That the subject property, which fronts Western Avenue is
a fully developed street with curbs, gutters, street lights
and street trees, is adequately served by public and private
facilities and by a highway of sufficient width and
improvements to carry the kinds and quantity of traffic the
proposed use might generate.
Section 3: The findings to approve the Variance are as
follows:
a. That there are exceptional circumstances and conditions
applicable to the subject property which do not generally
apply to other properties in the same zoning district, since
the parcel is narrow in comparison with other commercial lots
in Specific Plan III and the proposed "drive through" use
does not utilize customer parking spaces.
b. That the Variance is necessary for the preservation and
enjoyment of a substantial property right, which right is
enjoyed by other property owners under like conditions in the
same zoning district, in that the long and narrow shape of
the parcel does not allow maximization of parking in
accordance with the square footage of the property.
C. That the granting of the Variance will not be materially
detrimental to the public welfare, or injurious to property
and improvements in the area, since the Conditions of
Approval in Exhibit "A" will mitigate potential impacts.
d. That the granting of the Variance will not be contrary to
the objectives of the General Plan and Specific Plan III.
Section 4: For the foregoing reasons, the Planning
Commission of the City of Rancho Palos Verdes does hereby approve
the Negative Declaration, Conditional Use Permit No. 120 and
Variance No. 167 subject to the conditions contained in Exhibit
"A", attached hereto and made a part hereof, which are necessary
to preserve the public health, safety and general welfare in the
area.
APPROVED and ADOPTED on August 11, 7.
b rt BenirS, Directof of
Environmental Services and
Secretary to the Commission
Z.
oan S. Ortolano
Chairperson
Resolution P.C. No. 87 - 37
Page 2
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 120 AND VARIANCE NO. 167 is hereby
approved subject to the following conditions:
1. Detailed landscape and irrigation plans shall be submitted
for review and approval by the Director of Environmental
Services prior to issuance of any permits (except
demolition). Said plans shall incorporate drought tolerant
plant materials. Irrigation systems shall be on automatic
timers and shall be adjusted for seasonal water needs.
2. Any exterior lighting program for the parking lot and
building shall be submitted as a major amendment to the
Conditional Use Permit.
3. Hours of operation shall be restricted so that the tenant may
not be open for business between 9:00 p.m. and 7:00 a.m.
4. The trash enclosure shall be enclosed on four (4) sides of a
solid structure or wall, six (6) feet in height, constructed
of material compatible with the main structure and screened
from view from any public street. One side of the structure
shall be a solid, self -latching gate adjacent to adequately
paved concrete access for collection. The trash enclosure
shall be located in an accessible area subject to the
Director of Environmental Services.
5. Any roof -mounted equipment not included in this application
shall be subject to review and approval of the Director of
Environmental Services.
6. Final construction plans for the proposed building shall be
in substantial conformance with the plan approved by the
Planning Commission.
7. A minimum of 7 parking spaces shall be provided with a
maximum of one compact stall.
8. The maximum building height shall not be more than 19 feet 6
inches measured from the highest existing elevation covered
by the structure.
9. The building setbacks shall not be less than:
Front (Western)
20`
Rear
102'
North Side
10'
South Side
5'
10. All utilities to the site shall be underground, including
Cable Television, telephone, electrical, gas and water. All
Resolution P.C. No. 87 - 37
Page 3
6
appropriate permits shall be obtained for their installation.
Cable Television shall connect to the nearest trunk line at
developer's expense.
11. All deliveries shall be made during business hours, however,
deliveries shall not occur during peak business hours to
relieve congestion on the site.
12. The proposed wall mounted, channel letter sign shall have no
architectural, painted or otherwise created boarder so that
the sign area does not exceed 44 square feet. A separate
sign application is required.
13. The developer shall post a bond, cash deposit, or combination
thereof guaranteeing the following off-site improvements:
a. A Class II bike path the length of the property frontage.
b. Median improvements for Western Avenue.
C. Bus bench/bus shelter - proportionate share for any on
the block.
d. Landscaping in the parkway.
The dollar amount shall be determined by the Director of
Public Works, and the security shall be posted before the
issuance of building permit.
Said security shall remain in effect for five years from
issuance of Certificate of Occupancy.
14. The developer shall submit a set of plans to the Los Angeles
County Fire Department for their review and approval for
compliance with the Fire Code.
15. The Variance for a reduced number of parking spaces on the
site shall become null and void if there is a substantial
change in the nature, type or degree of the use on the site
which would require additional parking as determined by the
Director of Environmental Services.
16. No automotive services shall be performed outside of the
service bays.
17. The landowner shall agree to participate in any future
special assessment district to underground utilities within
the boundaries of Specific Plan III.
18. The developer shall apply for curb cuts and right turn only
signage along Western Avenue with the Public Works Department
and Caltrans within 30 days of the date of this approval and
shall install same if approved by the responsible agencies.
19. No video -type machines and food preparation shall be
permitted in conjunction with the operation of the approved
use.
Resolution P.C. No. 87 - 37
Page 4
20. This approval shall expire one year from the
Planning Commission action if application for
permits for construction has not been made.
must begin within one year of building permit
The Planning Commission may extend these time
requestedrp for to expiration.
date of the
building
Construction
application.
limits if so
Resolution P.C. No. 87 - 37
Page 5