PC RES 1989-021P.C. RESOLUTION NO. 89-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING ENVIRONMENTAL ASSESSMENT
NO. 563, CONDITIONAL USE PERMIT NO. 144, SIGN PERMIT
NO. 437 AND VARIANCE NO. 224 -REVISION, TO ALLOW
CONSTRUCTION OF A RESTAURANT AT 29035 S. WESTERN AVE.
WHEREAS, R.G. Hohman Enterprises has requested approval of
Environmental Assessment No. 563, Conditional Use Permit No. 144,
Variance No. 224 -Revision, and Sign Permit No. 437 to allow the
demolition and construction of a new 1939 square foot Kentucky
Fried Chicken Restaurant at 29035 S. Western.
WHEREAS, after notice pursuant to the Development Code,
public hearings were held on January 11, 1989, February 14, 1989,
February 28, 1989 and April 25, 1989 at which time all interested
parties were given the opportunity to give testimony 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 there will be no significant environmental
impacts resulting from this project due to the implementation of
the mitigation measures contained in the negative declaration for
Environmental Assessment No. 563, which have been incorporated
into conditions of approval in Exhibit "A", attached hereto and
made a part hereof.
Section 2: That the granting of the Conditional Use Permit
will not be contrary to the objectives of Specific Plan IV or of
the General Plan in that the proposed use complies with Specific
Plan IV, the General Plan and zoning land use designations.
Section 3: That the subject site is adequate in size and
shape to accommodate the intended use, subject to the conditions
of approval contained in Exhibit "A", attached hereto.
Section 4: That the site is serviced by Western Avenue whose
traffic capacity is adequate to serve the site without suffering
significant impacts to its level of service.
Section 5: That there are exceptional or extraordinary
circumstances ^or conditions applicable to the property involved,
or to the intended use of the property, which do not apply
generally to other property in the same zoning district, since the
site is substandard in size, width, depth and frontage.
Section 6: That such Variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant, which right is possessed by other property owners under
like conditions in the same zoning district, since the site could
not accommodate a new building without a Variance due to the rear
slope and joint parking requirement with Sizzler.
Section 7: That the granting of the Variance will not be
materially detrimental to the public welfare or injurious to
property and improvements in the area in which the property is
located, since the conditions of approval in Exhibit "A" will
ensure that the new restaurant will enhance the site much more
than the existing facility.
Section 8: That the granting of such Variance will not be
contrary to the objectives of the General Plan or the policies and
requirements of the Coastal Specific Plan, or Specific Plan No.
IV, since the Variance allows the applicant to provide an adequate
number of parking spaces.
Section 9: For the foregoing reasons, the Planning
Commission of the City of Rancho Palos Verdes does hereby approve
Environmental Assessment No. 563, Conditional Use Permit No. 144,
Sign Permit No. 437 and Variance No. 224 -Revision 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 this 25th day of April, 1989.
b rt Bena d, Directo of
Environmental Services and
Secretary to the Commission
Luella L. Wake
Chairperson
P.C. Resolution No. 89-21
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EXHIBIT "A"
Environmental Assessment No. 563, Conditional
Variance No. 224 -Revision and Sign Permit No.
subject to the following conditions:
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Use Permit No. 144,
437 are approved
1. These approvals shall expire one year from the date of this
action, unless application for building permits is made. One,
one-year extension may be granted by the Planning Commission
if requested prior to expiration.
2. All the recommendations made by the City Engineer and City
Geologist during their ongoing review of the project shall be
incorporated into the approved plans.
3. Detailed landscape, irrigation, and fencing plans shall be
submitted for review and approval to the Director of
Environmental Services prior to issuance of Building permits.
Said plans shall incorporate drought tolerant plant
materials to the extent possible. Irrigation systems shall
be on automatic timers and shall use drip and bubbler systems
where appropriate. Hillside plant materials shall be of low
maintenance, erosion controlling varieties. Landscaping
should be consistent with Specific Plan IV requirements, and
a large percentage of mature vegetation shall be incorporated
into the Plan.
4. Final construction plans for the proposed building shall be
in substantial conformance with the plans approved by the
Planning Commission. Building colors and materials shall
substantially conform to those provided on the elevations and
site plan. A complete materials board with colors and
textures of the proposed building, walkways and details shall
be submitted to the Director of Environmental Services for
review and approval.
5. A complete lighting plan indicating types of fixtures, bulbs,
wattage and a photometric study shall be reviewed and
approved by the Director of Environmental Services.
Lighting shall conform to all requirements of Specific Plan
IV.
6. Approved building setbacks are as follows:
Front - 10'
Side (north) - 25'
Side (south) - 17'
Rear - 68'
7. The maximum height for the building shall not be more than 16
feet 6 inches measured from the pad level to the top of the
roof and 24 feet 4 inches to the top of the tower.
P.C. Resolution No. 89-21
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8. The following signs only are approved:
1 - Tower - 21 square feet (east side)
2 - Channel letters on roof - 28.5 square feet each
(north and south sides)
3 - Directional - 7 square feet each - 4 feet high
1 - Menu - 20 square feet - 6 feet high
1 - Speaker box - 1.2 square feet - 2 feet 10 inches high
Signage color shall conform to the approved plans. The
existing pole sign shall be removed within 30 days of
issuance of the demolition permit.
9. The property owner shall provide a recorded agreement running
with the land which provides for a joint parking use and
access easement with Sizzler, within 180 days of this
approval. Additionally, said agreement shall limit seating
to the following maximums unless a Conditional Use Permit
Revision is approved by the Planning Commission.
Sizzler - 145
Kentucky
Fried Chicken - 18
The following minimum number of parking spaces shall be
provided and recorded in the agreement.
Regular Handicapped Compact Total
Sizzler 29 1 3 33
Kentucky 4 1 16* 21
Fried Chicken
*See Condition 20.
10. The property owner shall not ob3ect if the access easement
between Marie Callendars is opened up in the future.
11. Trash enclosure walls shall be 6 feet high minimum, shall
have solid, self-closing gates, and be enclosed partially or
totally on top. Colors and materials shall be compatible with
the building. The enclosure shall be designed to accommodate
recycling bins.
12. All utilities to the site shall be underground, including
Cable Television, telephone, electrical, gas and water. All
appropriate permits shall be obtained for their
installations. Cable Television shall connect to the nearest
trunk line at developer's expense.
13. All roof mounted mechanical equipment, vents or ducts shall
be placed towards the rear,parapet roof of the building not
P.C. Resolution No. 89-21
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towards the front of the building and be screened as
necessary so as to minimize their visibility from adjacent
properties and public right-of-way. Any necessary screening
shall be architecturally harmonious with the materials and
colors of the building. Equipment shall be the same color as
the roof material and a complete rooftop plan shall be
submitted to the Director of Environmental Services for
review and approval.
14. Maximum building footprint shall not exceed 1939 square feet.
15. Deliveries shall be limited to the hours of 7:00 a.m. to
6:00 p.m. Monday through Friday and 8:00 a.m. to 6:00 p.m.
on Saturdays and Sundays.
16. Construction activities shall be limited to the hours of 8:00
a.m. to 6:00 p.m. Monday through Friday. No construction
activity shall occur on Saturdays or Sundays without the
prior written approval of the Director of Environmental
Services.
17. All mechanical equipment shall be housed in enclosures
designed to attenuate noise to a level of 45 dBA to the rear
property line of adjacent residences. This shall be verified
by a field test prior to issuance of Certificate of
Occupancy.
18. All site runoff/drainage shall be conducted to existing storm
drain systems via methods approved by the City Engineer and
Director of Public Works. All exposed concrete drainage
devices shall be earth toned an color.
19. Odor and smoke to be faltered and minimized as much as
possible. Exhaust passages must be kept open and filters
cleaned to avoid exterior smoke and odors. Emissions levels
and filtration systems subject to approval by the Director of
Environmental Services.
20. The project shall have a minimum of 21 parking spaces and 1
bicycle space. Parking space dimensions and aisle widths
shall conform to Special Plan IV requirements, except the
compact spaces shall be a minimum of,9' 0" in width. The
Director of Environmental Services shall review the final
parking design and, if feasible, require two (2) additional;
9' 0" wade, compact car spaces. A reduction in parking lot
landscaping shall be allowed to accommodate these additional
spaces.
21. Hours of business operation shall be limited to 6:00 a.m.
to 12:00 a.m. Lot sweeping, use of air blowers and garbage
collection shall not occur between the hours of 10:00 p.m.
and 7:00 a.m.
P.C. Resolution No. 89-21
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22. Approval from Cal Trans shall be obtained for the two new
curb cuts.
23. 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. Removal and replacement of the rear alley the length of
the rear property line.
The dollar amount shall be determined by the Director of
Public Works, and the security shall be posted before the
issuance of building permit.
24. Demolition shall be completed and the site cleared within 60
days of the date that the existing restaurant closes for
business.
25. The applicant shall file a statement, in writing, with the
City within thirty (30) days of this approval, that he has
read and consents to the conditions herein imposed on the
project.
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