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PC RES 1989-070P.C. RESOLUTION 89 - 70 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 147, VARIANCE NO. 236, AND GRADING APPLICATION NO. 1274 FOR A COMMERCIAL BUILDING AT 31270 PALOS VERDES DRIVE WEST AND APPROVING A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 578. WHEREAS, Pan Asian Cultural Enterprise Incorporated has requested approval of a conditional use permit, variance, and grading application for a 28000 square foot commercial building with subterranean parking; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, public hearings were held on October 10, November 14, and November 28, 1989 at which time all interested parties were given the 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 Planning Commission has reviewed the initial study prior to making a decision on this project and determined that the project will not have a significant effect on the environment if the recommended mitigation measures are incorporated into the project. Section 2: That the site for the intended use is adequate in size and shape to accommodate said use subject to the conditions of approval included in Exhibit 'A' attached hereto. Section 3: That the site is serviced by Palos Verdes Drive West, a major arterial street, whose traffic capacity is adequate to serve the site without a significant effect on level of service, and the applicant has been required in Exhibit 'A', attached hereto, to post security for various traffic and circulation improvements that will further improve access to the site. Section 4: That the proposed grading meets the intent of the City's grading criteria contained in the Development Code and is not excessive in terms of the proposed development of the site. Finished contours are reasonably natural, and lowering of the natural grade has been permitted to protect the views of adjacent residents. Section 5: That there are extraordinary or exceptional 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 in that the project site is substantially smaller than the minimum lot size of the CN District, and is located directly adjacent to residential development (at a higher elevation) and a church. 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 in that the applicant has lowered the elevation of the building and provided subterranean parking to reduce the visual impact of the building to the adjacent upslope residents. In addition, the site is bordered by residential and institutional use. As a result, placement of loading spaces in a location permitted by the Development Code could not be accommodated without negative effects on adjacent properties. Consequently, location of'loading spaces within the front yard setback, subject to the conditions of approval in Exhibit 'A' attached hereto, minimizes adverse impacts on adjacent properties. 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 in that the loading spaces will be surfaced with a turfblock material and screened by landscaping to minimize their visual impact. Section 8: That the granting of the variance and conditional use permit will not be contrary to the General Plan in that the proposed use is consistent with the general plan land use designation for the site and the design and siting of the building is such that negative sensory and visual impacts on adjacent properties are avoided. Section 9: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes does hereby approve a final Negative Declaration for Environmental Assessment No. 578, and approves Conditional Use Permit No. 147, Variance No. 236, and Grading Application No. 1274 subject to the conditions contained in Exhibit "A", attached hereto and made a part hereof, said conditions being necessary to preserve the public health, safety, and general welfare. P.C. Resolution No. 89 - 70 Page 2 111 PASSED, APPROVED AND ADOPTED this 28th day of November, 1989. ;;,64/.t.z2-a_ ,;," (2/4)c, Luell y Luella L. Wike Chairperson / 17// ob rt Benard, Direct r of Environmental Sery ces and Secretary to the Commission P.C . Resolution No . 89 - 70 Page 3 EXHIBIT "A" Conditions of approval for Conditional Use Permit No. 147, Variance No. 236 and Grading No. 1274: Standard Conditions: 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 of the recommendations made by the City Engineer and the City Geotechnical Consultant during their ongoing review of the project shall be incorporated into the approved plans. 3. Sign permits shall be obtained for all signs from the Environmental Services Department. 4. Trash areas shall be completely enclosed, shall have solid, self-closing gates, and shall be located at the front of the building. 5. All utilities exclusively serving the site shall be provided underground, including cable television, telephone, electrical, gas and water. All appropriate permits shall be obtained for their installation. Cable television shall be connected to the nearest trunk line at the developer's expense. 6. All site runoff and drainage shall be approved by the City Engineer and conducted to existing storm drain systems via approved methods. Preparation and City approval of an erosion control plan shall be required prior to issuance of a grading permit. 7. All exterior lighting shall be kept to minimum safety standards. Fixtures shall be shielded so that only the project site is illuminated. There shall be no light spillover allowed onto adjacent residential properties. 8. Roof -mounted mechanical equipment or antennae (including satellite dishes) shall not be permitted with the exception of elevator penthouses as approved by the Director of Environmental Services. 9. Construction (including height, setbacks, lot coverage, parking, and building configuration) shall substantially conform to the plans approved by the Planning Commission. In no event, shall the maximum elevation of any part of the structure (except elevator penthouses approved by the director) exceed 258' elevation (as shown on the approved plans). P.C. Resolution No. 89774 Page 4 10. All grading, haul routes, landscaping, irrigation, exterior lighting, walls and fencing, mechanical equipment and signage, shall be subject to the review and approval of the Director of Environmental Services prior to issuance of permits. 11. Traffic impact fees, as determined by the Director of Public Works, shall be paid prior to issuance of certificate of occupancy. 12. Bonding, or equivalent security acceptable to the Director of Public Works, shall be provided for all necessary public improvements related to the project. These improvements include, but are not limited to: a left turn pocket at Palos Verdes Drive West to serve the project; curb, gutter, sidewalk, street overlay, median improvements, median and parkway landscaping, bicycle path and associated signage and striping for the preceding improvements. The amount and duration of such security shall be determined by the Director of Public Works. Environmental Services Conditions: 13. A minimum of 140 parking spaces (20% maximum compact) and two (2) loading spaces shall be provided. Fifty parking spaces shall be made available to St. Paul's Lutheran Church as specified in P.C. Resolution No. 88-52. 14. Deliveries shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday, and 2:00 p.m. to 6:00 p.m. on weekends. 15. Construction activities shall be limited to weekdays only from 7:00 a.m. to 6:00 p.m. All grading equipment shall be fully equipped with mufflers to reduce noise levels during grading activities. 16. All mechanical equipment shall be housed in enclosures designed to attenuate noise to a level of 45 dBA at the rear property line. No mechanical equipment shall be allowed within the rear setback area. 17. Uses shall be limited to those uses permitted within the CN (Commercial Neighborhood) District except as follows: restaurants, night clubs, bars, commercial entertainment, and medical clinics are prohibited. 18. No retail use shall open for business between 12:00 midnight and 7:00 a.m. P.C, Resolution No. 89-70 Page 5 19. Architectural elevations shall be subject to the review and approval of the Director of Environmental Services. The Director shall use, but not be limited to the following criteria in reviewing the elevations: -privacy of adjacent uses -view impact -variations in vertical and horizontal planes -use of materials and colors that complement adjacent structures -no space frame 20. Operable windows shall be required. 21. Reflective or mirrored glass shall not be permitted on the exterior of the building. 22. Lot sweeping garbage collection or other site maintenance activities shall not occur between the hours of 10:00 p.m. and 7:00 a.m. Mechanical Blowers shall only be used as specified by Chapter 8.16 of the Municipal Code. 23. A City view covenant shall be submitted prior to issuance of building permits. The covenant shall specify that vegetation shall not be permitted to grow higher than the approved ridgeline of the structure. 24. Access to subterranean parking shall be controlled during non -business hours. 25. Loading areas shall be surfaced with turfblock. 26. A portion of the central courtyard between the two building wings (as shown on the approved plan) shall be reserved for the display of art object(s). Said object(s) shall be prominently displayed in a manner and location that maximizes its/their visibility from the Palos Verdes Drive West right-of-way. Said art object(s) shall be put in place by the applicant within six months of building occupancy. 27. Final approval of the proposed surface parking and loading configuration is subject to the applicant obtaining an access easement from St. Paul's Lutheran Church to ensure that necessary back-up and driveway areas remain available. 28. The applicant shall, within 30 days of this approval, acknowledge In writing that all conditions of approval have been read, understood and accepted; otherwise, this Conditional Use Permit shall be void. P.C. Resolution No. 89-70 Page 6 29. The stairway connecting the project to the adjacent Golden Cove Shopping Center shall be relocated westward to a location approved by the Director of Environmental Services. P.C. Resolution No. 89-70 Page 7