PC RES 2010-022 P.C. RESOLUTION NO.2010-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CERTIFYING A MITIGATED NEGATIVE
DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FOR CASE NO. ZON2009-00469 (CONDITIONAL USE
PERMIT REVISION & SIGN PERMIT), FOR PROPERTY LOCATED AT
27774 HAWTHORNE BOULEVARD LOCATED AT THE SOUTHEAST
CORNER OF HAWTHORNE BOULEVARD AND HIGHRIDGE ROAD.
WHEREAS, on November 23, 1999, the Planning Commission adopted Planning
Commission Resolution No. 99-42, approving Conditional Use Permit (CUP) No. 208, allowing
the sale of non-automotive items and an Automated Teller Machine (ATM) within the 407ft2
cashier area of the existing car wash building. As part of the condition of approval, a 3-month
review to assess the applicant's compliance of the conditions was required; and,
WHEREAS, on February 23, 2001, the Planning Commission reviewed the applicant's
compliance with the conditions of approval and received and filed the report (7-0) via minute
order; and,
WHEREAS, on November 25, 2009, the applicant submitted a revision to Conditional
Use Permit No. 208, Sign Permit, and Environmental Assessment, a request to demolish an
existing patio area and constructing a new two-story structure in its place, consisting of a
convenience store ("ExtraMile") at the lower floor and an office on the upper floor. The request
also includes conversion of the existing boutique and office into a convenience store
("ExtraMile"); and
WHEREAS, on December 18, 2009, the project was deemed incomplete based on
missing information; and,
WHEREAS, on May 4, 2010, the project was deemed complete after subsequent
reviews; and,
WHEREAS, a notice was published on May 27, 2010, pursuant to the requirements of
the Rancho Palos Verdes Development Code; 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 City of Rancho Palos Verdes prepared an Initial Study and determined that with
appropriate mitigation, there is no substantial evidence that the approval of ZON2009-00469
would result in a significant adverse effect upon the environment and, therefore, a Mitigated
Negative Declaration has been prepared and notice of same was given in the manner required
by law; and,
WHEREAS, on June 22, 2010, the Planning Commission continued the proposed project
to July 13, 2010 meeting, in order to allow the applicant to redesign the project to address the
concerns expressed by the Planning Commission; and,
P.C. Resolution No. 2010-22
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WHEREAS, on July 13, 2010, the Planning Commission held a duly noticed public
hearing, 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: The Planning Commission reviewed the Mitigated Negative Declaration
and the proposed project at a duly noticed public hearing on June 22, 2010. At the meeting, the
Commission identified an error within mitigation measure TC-1, and subsequently adopted a
change to said mitigation measure. More specifically, the mitigation measure indicated
Driveway#1 (west) on Hawthorne Blvd. shall be maintained as "entrance only". The remaining
two driveways (east) on Hawthorne Blvd. shall be maintained as "exit only" However, there
was a typographical error and it should have read Driveway#1 (west) on Hawthorne Blvd. shall
be maintained as an entrance and exit. The remaining two driveways (east) on Hawthorne
Blvd. shall be maintained as "exit only" Since this change would maintain the same conditions
on site and there would be no increase in potential impacts to transportation and traffic, this
minor change is approved.
At the June, 22, 2010 Planning Commission hearing, the Commission also identified
several concerns related to the overall design of the project. Based on these concerns, the
applicant modified the project described and analyzed in the circulated Mitigated Negative
Declaration. The changes included a reduction in the overall size and height of the addition as
well as new design elements that create a smaller and more architecturally compatible
structure. Additionally, signage was modified to create reduced glare and illumination. These
changes did not create any new environmental impacts that were not already assessed in the
Mitigated Negative Declaration. On the contrary, the changes improved the aesthetic impacts of
the project which the Mitigated Negative Declaration identified as not being significant.
Since the changes noted above result in a project that has less potential for significant
adverse impacts than what was previously analyzed, the Planning Commission finds that re-
circulation of the Mitigated Negative Declaration is not necessary.
Section 2: The Planning Commission has independently reviewed and considered
the proposed Mitigated Negative Declaration, the public comments upon it, the revisions
described in Section 1 above and other evidence before the Commission prior to taking action
on the proposed project and finds that the Mitigated Negative Declaration was prepared in the
manner required by law and that there is no substantial evidence that, with appropriate
mitigation measures, the approval of Case No. ZON2009-00469, Conditional Use Permit
revision and Sign Permit,would result in a significant adverse effect upon the environment.
Section 3: Case No. ZON2009-00469, a Conditional Use Permit revision for a
1,044ft2 two-story addition for a new convenience store ("ExtraMile") and office are consistent
with the Rancho Palos Verdes General Plan and with the Automotive Service Station Overlay
Control district designations,which will not be changed as a result of the approval of the project.
Section 4: There are no sensitive natural habitat areas on the subject site. Thus, no
site disturbance or alteration will result from the approval of Case No. ZON2009-00469, and
therefore, the project will have no individual or cumulative adverse impacts upon resources, as
defined in Section 711.2 of the State Fish and Game Code.
P.C. Resolution No. 2010-22
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Section 5: That with the appropriate mitigation measures that address impacts upon
Aesthetics and Transportation/Traffic, the project will not have a significant impact.
Section 6: Based upon the foregoing findings, the adoption of the proposed
Mitigated Negative Declaration is in the public interest.
Section 7: For the foregoing reasons and based on the information and findings
included in the staff report, Environmental Assessment and other components of the legislative
record, in the proposed Mitigated Negative Declaration, and in the public comments received by
the Commission, the Planning Commission of the City of Rancho Palos Verdes hereby certifies
that the Mitigated Negative Declaration has been prepared in compliance with CEQA and
adopts the attached Mitigation Monitoring Program (Exhibit "A") associated with Case No.
ZON2009-00469, Conditional Use Permit Revision and Sign Permit, thereby allowing a 1,044ft2
two-story addition to accommodate a new convenience store ("ExtraMile") and office at 27774
Hawthorne Boulevard located at the southeast corner of Hawthorne Boulevard and Highridge
Road.
P.C. Resolution No. 2010-22
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PASSED, APPROVED AND ADOPTED this 13th day of July 2010, by the following vote:
AYES: Commissioners Emenhiser, Knight, Leon, Lewis, Tetreault, Vice Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Chairman Gerstner
---- ft.
ild N-c,,..4___
Bill Gerstner,
Chairman
alki
Joel Ro.- AICP
Commit
Developm- Director and
Secretf the Planning Commission
P.C. Resolution No. 2010-22
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Exhibit A
Mitigation Monitoring Program
Project: Case No.ZON2009-00469(Environmental Assessment,Conditional Use Permit Revision,
and Sign Permit)
Location: 27774 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Applicant: Efrain Olivas, representing landowner.
Landowner: Shiraz Govani
TABLE OF CONTENTS
I. Introduction 2
Purpose.. 2
Environmental Procedures 2
Mitigation Monitoring Program Requirements 2
II. Management of the Mitigation Monitoring Program 3
Roles and Responsibilities 3
Mitigation and Monitoring Program Procedures 3
Mitigation Monitoring Operations 3
Ill. Mitigation Monitoring Program Checklist 5
IV. Mitigation Monitoring Summary Table 6
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I. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program(MMP)is to allow the following project at 27774 Hawthorne Boulevard,located
at the southeast corner of Hawthorne Boulevard and Highridge Road, in the City of Rancho Palos Verdes:
Construct a 1,044ft2 two-story addition (610ft2 ground floor & 434ft2 upper floor) to an existing
Chevron gas station and car wash facility. The proposed maximum height is 27'-6",as measured
from the point where the lowest foundation or slab meets finished grade, to the ridgeline or the
highest point of the structure. The proposed 610ft2 ground floor addition and a portion of the
existing boutique and office will be converted to a new convenience store area("ExtraMile"). The
proposed 434ft2 upper floor will be used as an office space. The project also includes a 528ft2 roof
deck and a 188f2 trellis to the second floor; a 267ft2 trellis at the end of the carwash tunnel; six
additional standard parking spaces and one loading space; additional landscaping along the
property lines abutting Hawthorne Blvd.and Highridge Rd.;two"ExtraMile"identification signs on
the new lower floor building façade; and an exterior modification to the existing Chevron gas
station and car wash facility.
The MMP responds to Section 21081.6 of the Public Resources Code,which requires a lead or responsible agency
that approves or carries out a project where a Mitigated Negative Declaration has identified significant
environmental effects,to adopt a"reporting or monitoring program for adopted or required changes to mitigate or
avoid significant environmental effects." The City of Rancho Palos Verdes is acting as lead agency for the project.
An Initial Study/Mitigated Negative Declaration was prepared to address the potential environmental impacts of the
project. Where appropriate,this environmental document recommended mitigation measures to mitigate or avoid
impacts identified. Consistent with Section 21080 (2)(c)of the Public Resources Code, a mitigation reporting or
monitoring program is required to ensure that the adopted mitigation measures under the jurisdiction of the City are
implemented. The City will adopt this MMP when adopting the Mitigated Negative Declaration.
ENVIRONMENTAL PROCEDURES
This MMP has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as
amended (Public Resources Code Section 21000 et seq.)and the State Guidelines for Implementation of CEQA
(CEQA Guidelines),as amended(California Administrative Code Section 15000 et seq.). This MMP complies with
the rules, regulations,and procedures adopted by the City of Rancho Palos Verdes for implementation of CEQA.
MITIGATION MONITORING PROGRAM REQUIREMENTS
Section 21081.6 of the Public Resources Code states: 'When making the findings required by subdivision (a)of
Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of Section
21081,the public agency shall adopt a reporting or monitoring program for the changes to the project which it has
adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment.
The reporting or monitoring program shall be designed to ensure compliance during project implementation. For
those changes which have been required or incorporated into the project at the request of an agency having
jurisdiction by law over natural resources affected by the project,that agency shall, if so requested by the lead or
responsible agency, prepare and submit a proposed reporting or monitoring program."
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II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design, pre-grading,
construction, and operation. The City will have the primary enforcement role for the mitigation measures.
MITIGATION MONITORING PROGRAM PROCEDURES
The mitigation monitoring procedures for this MMP consists of,filing requirements,and compliance verification.The
Mitigation Monitoring Checklist and procedures for its use are outlined below.
Mitigation Monitoring Program Checklist
The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition,the Mitigation
Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the method of
verification of compliance; the timing of verification; the department or agency responsible for implementing the
mitigation measures; and compliance verification. Section III provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be established,
organized, and retained by the City of Rancho Palos Verdes department of Planning, Building, and Code
Enforcement.
Compliance Verification
The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of
Rancho Palos Verdes Community Development Director. The compliance verification section of the MMP Checklist
shall be signed, for mitigation measures requiring ongoing monitoring, and when the monitoring of a mitigation
measure is completed.
MITIGATION MONITORING OPERATIONS
The following steps shall be followed for implementation,monitoring,and verification of each mitigation measure:
1. The City of Rancho Palos Verdes,Community Development Director shall designate a party responsible for
monitoring of the mitigation measures.
2. The City of Rancho Palos Verdes,Community Development Director shall provide to the party responsible
for the monitoring of a given mitigation measure, a copy of the MMP Checklist indicating the mitigation
measures for which the person is responsible and other pertinent information.
3. The party responsible for monitoring shall then verify compliance and sign the Compliance Verification
column of the MMP Checklist for the appropriate mitigation measures.
Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase,
unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of
Rancho Palos Verdes,Director of Planning,Building,and Code Enforcement with advice from Staff or another City
department, is responsible for recommending changes to the mitigation measures, if needed. If mitigation
measures are refined,the Director of Planning,Building,and Code Enforcement would document the change and
shall notify the appropriate design, construction, or operations personnel about refined requirements.
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Ill. MITIGATION MONITORING PROGRAM CHECKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of
Rancho Palos Verdes on March 28, 2006. Mitigation measures are listed in the order in which they appear in the
Initial Study.
* Types of measures are project design, construction, operational, or cumulative.
* Time of Implementation indicates when the measure is to be implemented.
* Responsible Entity indicates who is responsible for implementation.
* Compliance Verification provides space for future reference and notation that compliance has
been monitored,verified, and is consistent with these mitigation measures.
P.C. Resolution No. 2010-22
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MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
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A-1: After installation of all lighting,but prior to Issuance
of Certificate of Use and Occupancy,the City will conduct
an inspection of the site to ensure that all lighting shall be
arranged and shielded as to prevent direct illumination of
surroundingproperties and to prevent distraction of Operational 45-days after permit final Property Owner/applicant Community Development
P p of vehicles on public right-of-ways. At the end of p y Department
drivers
the 45-day period, the City may require additional
screening or reduction in size or intensity of any light that
has been determined to be excessively bright.
A-2: With exception to security lighting, all interior and Community Development
exterior lighting shall be turned off at the close of business Operational 45-days after permit final Property Owner/applicant Department
at 10pm.
A-3: The maximum height of the all mechanical structures
shall not be higher than the highest parapet of the one- Construction Prior to permit final Property Owner/applicant Community Development
story portion of the structure. No mechanical units shallDepartment
be allowed on the rooftop of the second floor.
A-4: Prior to Certificate of Occupancy and subject to
review and approval by the Community Development
Director,all screening shall be installed and outdatedConstruction Prior to permit final Property Owner/applicant Community Development
rooftop equipment removed so that the mechanical Department
equipment is not visually apparent from the public
ri•ht-of-wa s or nei•hborin• •ro•erties.
TC-1: Driveway#1 (west)on Hawthorne Blvd.shall
be maintained as an entrance and exit. The Construction Prior to permit final Property Owner/ Community Development
n remaining two driveways (east)on Hawthorne Blvd. applicant. Department
• shall be maintained as"exit onl
TC-2: Prior to issuance of Certificate of Occupancy
and subject to review and approval by the Community
Development Director,new directional arrows shall be
o added along the ground adjacent to the fuel pumps.
= Specifically, both sides of the fuel island closest to
• Prior topermit final Property Owner/ Community Development
Z Highridge Road shall include directional arrows Construction applicant. Department
leading from Hawthorne Blvd. to Highridge Road
N) (north to south). Both sides of the fuel island located
cp
— close to the existing structure shall include directional
Narrows leading from Highridge Road to Hawthorne
0 N Blvd south to north .
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
TC-3: Prior to issuance of Certificate of Occupancy
and subject to review and approval by the Community
Development Director, the two proposed parking Construction Prior to permit final Property Owner/ Community Development
spaces adjacent to the existing trash enclosure, applicant. Department
located behind the vacuum pump lanes shall be
designated as"employee only".
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