PC RES 2022-006 P.C. RESOLUTION NO. 2022-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
REVISION "B" OF CONDITIONAL USE PERMIT NO. 120 AND A
SITE PLAN REVIEW TO MODIFY THE ROOF DESIGN OF AN
EXISTING 4,059 FT2 VALVOLINE INSTANT OIL CHANGE
BUILDING TO INCLUDE A NEW TOWER ELEMENT INCREASING
THE MAXIMUM BUILDING HEIGHT TO 25.47 FEET ALONG WITH
ANCILLARY SITE IMPROVEMENTS INCLUDING THE
RESTRIPING OF THE PARKING LOT TO ENHANCE SITE
ACCESSIBILITY AT THE PROPERTY LOCATED AT 29519 S.
WESTERN AVENUE (CASE NO. PLCU2019-0003).
WHEREAS, on July 28, 1987, the City's Planning Commission adopted PC
Resolution No. 87-37, which conditional approved Conditional Use Permit (CUP) No. 120
allowing for the construction of a retail commercial building for an automobile service use;
and
WHEREAS, on May 24, 1988, the City's Planning Commission adopted PC
Resolution No. 88-35, conditionally approving Revision "A" to CUP No. 120 and Grading
Permit No. 1108 allowing for the construction of a rear yard retaining wall associated with
the existing auto service use; and
WHEREAS, on June 17, 2019, RSI Group Inc., on behalf of property owners
Henley Pacific SD, LLC and Valvoline (collectively, "Applicant"), filed an application for a
Revision "B" of Conditional Use Permit (CUP) No. 120 and a Site Plan Review to modify
the roof design of an existing 4,059 ft2 Valvoline Instant Oil Change building to include a
new tower element which increasing the maximum building height to 25.47 feet along with
ancillary site improvements including the restriping of the parking lot to enhance site
accessibility at the property located at 29519 S. Western Avenue (Case No. PLCU2019-
0003); and
WHEREAS, on July 17, 2019, Staff completed the initial review of the development
application and deemed the application incomplete for processing. After several
resubmittals of revised plans and additional information, Staff deemed the development
application complete for processing on May 5, 2022; and
WHEREAS, on May 5, 2022, a public notice announcing the June 14, 2022 public
hearing was published in the Palos Verdes Peninsula News and mailed to all persons
owning property within a 500 foot radius of the project site; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
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California Code of Regulations, Title 14, Section 15000 et seq., the City's Local CEQA
Guidelines, the proposed project has been found to be categorically exempt under Section
15301 (Existing Facilities) of the California Guidelines for Implementation of CEQA.
Specifically, the project involves modifying the existing mansard roof design of the existing
building to a parapet design, constructing a new tower element on part of the structure
increasing the maximum height of the building from 19.2 feet to 25.47 feet, restriping the
parking lot to enhance site accessibility and complete façade improvements including a
new stone exterior siding and upgraded roller doors for the vehicle bay; and
WHEREAS, the Planning Commission held a public hearing on June 14, 2022, at
which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed project is a request for Revision "B" to Conditional Use
Permit No. 120 and Site Plan Review to allow for the modification of the roof design of an
existing 4,059 ft2 building to include a new tower element and increasing the maximum
building height to 25.47 feet along with ancillary improvements including restriping of the
parking lot to enhance accessibility at the site.
Section 2: The Planning Commission finds that the Conditional Use Permit
Revision "B" for the increase in height of a new tower element to 25.47 feet to an existing
4,059 ft2 building, which exceeds the 16 feet by-right building height limit is warranted
based on the following findings:
A. The site is adequate in size and shape to accommodate the proposed
use and for all of the yards, setbacks, walls, fences, landscaping and other features
required by this title or by conditions imposed under this section to integrate said
use with those on adjacent land and within the neighborhood. Specifically, the
proposed project is for a new tower element on the existing structure and in
increase in overall height which is not increasing the lot coverage for the lot. The
project site and updated building with the new tower will continue to be adequate in
size to accommodate the existing use. The existing use and building with new tower
will continue to be integrated with other commercial uses along Western Avenue
and will not impair views as observed from residential properties along Bernice
Drive.
B. The site for the proposed use relates to streets and highways
sufficient to carry the type and quantity of traffic generated by the subject use.
Specifically, the proposed project and related CUP Revision involve modifying the
existing structure with façade improvements, increasing the overall height, and
restriping the parking lot to enhance. No operational modifications are proposed to
the existing automobile service use, which was established in 1987. The project site
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and associated improvements will continue to be accessed via Western Avenue,
which is considered a major arterial street in the Circulation Element of the City's
General Plan. The updated roof design and new tower feature do not impede
accessibility to the site and/or cause traffic impacts along Western Avenue. As the
proposed project will not generate significant vehicle traffic beyond that of the
existing use, this finding can be made.
C. The project, which proposes to increase the overall height of the
existing building to 25.47 feet to accommodate a new tower feature, will not result in
a significant adverse impact on adjacent properties. More specifically, the project
will not create view impairments as observed from residential properties located to
the west of the project site along Bernice Drive, as these properties are
approximately 62 feet above the highest-grade elevation for the project site. As a
result of the topographic conditions in the area, views in an easterly direction of city
lights, the harbor and ocean, will continue to be observed over the project site. In
addition, the mass and scale of the new tower feature will not present impacts to
adjacent properties along Western Avenue, as the improvement provides for
enhanced roof articulation and complements the existing streetscape, which
includes commercial buildings at varying building heights and roof styles and
materials. Lastly, the lighting of the new tower is consistent with RPVMC §
17.56.040 (Non-Residential Outdoor Light), which provides lighting standards that
require all light sources to be placed below 10 feet in height, directed away from
adjacent properties, and are fully shielded so that the lightbulbs cannot be visible
from adjacent neighbors.
D. The project site is not located within an overlay control district.
E. The proposed use is not contrary to the General Plan as it is
consistent with the goal and policies of the Land Use Element to preserve and
enhance the visual character and physical quality of the surrounding areas. As
such, the proposed tower element and associated development is not contrary to
the General Plan.
F. The conditions regarding any of the requirements listed in this
paragraph, which this Planning Commission finds to be necessary to protect the
health, safety, and general welfare, have been imposed (including but not limited
to): setbacks and buffers; fences or walls; lighting; vehicular ingress or egress;
noise, vibration, odors and similar emissions; landscaping; maintenance of
structures, grounds or signs; service roads or alleys; and such other conditions as
will make possible the development of the city in an orderly and efficient manner
and in conformity with the intent and purposes set forth in this title (Title 17-Zoning).
Specifically, a number of Conditions of Approval are recommended by Staff to
mitigate potential impacts to adjacent properties and to protect the health, safety,
and general welfare of the residents, businesses, and visitors of the City. Such
conditions cover topic such as circulation, aesthetics, lightning, and parking.
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Section 3: The Planning Commission approves that the Site Plan Review for the
ancillary site improvements, which include restriping the parking lot to enhance site
accessibility and complete façade improvements including a new stone exterior siding and
upgraded roller doors at the vehicle bays is warranted because it complies with all
application Code requirements, including, but not limited to, minimum required setbacks,
lighting standards, and parking. The legal nonconforming lot coverage may be maintained
pursuant to RPVMC §17.84.030 as the degree of nonconformity will not be intensified.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. The appeal shall set forth in writing, the
grounds for appeal and any specific action being requested by the appellant. Any appeal
letter must be filed within 15 calendar days of the date of this decision, or by 5:30 P.M. on
Wednesday, June 29, 2022. A $3,100.00 appeal fee must accompany any appeal letter. If
no appeal is filed timely, the Planning Commission's decision will be final at 5:30 P.M. on
Thursday, June 29, 2022.
Section 5: Any challenge to this Resolution and the findings set forth therein, must
be filed within the 90-day statute of limitations set forth in Code of Civil Procedure §1094.6
and §17.86.100(B) of the RPVMC.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby adopt P.C. Resolution No. 2022-
06; thereby conditionally approving Revision "B" of Conditional Use Permit No. 120 and a
Site Plan Review to modify the roof design of an existing 4,059 ft2 Valvoline Instant Oil
Change building to include a new tower element increasing the maximum building height
to 25.47 feet along with ancillary site improvements including the restriping of the parking
lot to enhance ADA accessibility at the property located at 29519 S. Western Avenue
(Case No. PLCU2019-0003), subject to the Conditions of Approval contained in the
attached Exhibit "A".
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PASSED, APPROVED AND ADOPTED this 14th day of June 2022 by the following
vote:
AYES: COMMISSIONERS CHURA, NELSON, NULMAN, SAADATNEJADI,
SANTAROSA, VICE-CHAIR HAMILL, AND CHAIR PERESTAM
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
/, j
Steph Perestam
Chair
Ken Rukavina, PE
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLCU2019-0003
(CONDITIONAL USE PERMIT REVISION "B" AND SITE PLAN REVIEW)
29519 S. WESTERN AVENUE
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and/or property owner shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this Exhibit
"A". Failure to provide said written statement within ninety (90) days following the
date of this approval shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or any
of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. Prior to conducting any work in the public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements, the
Applicant shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City
of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. Pursuant to RPVMC §17.78.040, the Director of Community Development is
authorized to make minor modifications to the approved plans and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved plans and conditions.
Substantial changes to the project shall be considered a revision and require
approval by the final body that approved the original project, which may require new
and separate environmental review and public notification.
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6. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall conform
to, the residential development standards of the RPVMC, including but not limited to
height, setback and lot coverage standards.
7. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in RPVMC §17.86.060, or may be cause of the issuance of administrative
citations as described in RPVMC Ch. 1.16.
8. If the Applicant has not submitted an application for a building permit for the
approved project or not commenced the approved project as described in RPVMC
§17.86.070 within one year of the final effective date of this Notice of Decision,
approval of the project shall expire and be of no further effect unless, prior to
expiration, a written request for extension is filed with the Community Development
Department and approved by the Director.
9. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
10. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped approved by the City
with the effective date of this approval.
11. This approval is only for the items described within these conditions and identified
on the stamped approved plans, and is not an approval of any existing illegal or
legal non-conforming structures on the property, unless the approval of such illegal
or legal non-conforming structure is specifically identified within these conditions or
on the stamped approved plans.
12. The construction site and adjacent public and private properties and streets shall be
kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Building Official. All construction waste and
debris resulting from a construction, alteration or repair project shall be removed on
a weekly basis by the contractor or property owner. Existing or temporary portable
bathrooms shall be provided during construction. Portable bathrooms shall be
placed in a location that will minimize disturbance to the surrounding property
owners, to the satisfaction of the City's Building Official.
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14. Construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over 30
calendar days shall provide temporary construction fencing, as defined in RPVMC
§17.56.050(C). Unless required to protect against a safety, hazard, temporary
construction fencing shall not be erected sooner than 15 days prior to
commencement of construction.
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920.
During demolition, construction and/or grading operations, trucks shall not park,
queue and/or idle at the project site or in the adjoining street rights-of-way before
7:00 AM Monday through Friday and before 9:00 AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do
so, the construction contractor shall provide staging areas on-site to minimize off-
site transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties,
subject to approval by the Building Official.
16. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030.
No outdoor lighting is permitted where the light source is directed toward or results
in direct illumination of a parcel of property or properties other than that upon which
such light source is physically located.
17. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
18. The Applicant shall remove the project silhouette within 7 days after a final decision
has been rendered and the City's appeal process has been exhausted.
Project Specific Conditions:
19. This approval shall allow for the following:
• Modify the existing mansard roof design of the existing building to a parapet
design;
• Construct a new tower element on part of the structure increasing the maximum
height of the building from 19.2 feet to 25.47 feet, as measured from the lowest
finished grade adjacent to the structure (elev. 333.26 feet) to the highest roof
ridgeline (elev. 358.73 feet);
• Restripe parking lot to improve accessibility and enhance the Americans with
Disabilities Act (ADA) parking spot; and
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• Complete façade improvements including a new stone exterior siding and
upgraded roller doors at vehicle bays.
20. The height of the approved building shall be as depicted on the stamped APPROVED
plans and in no case shall the height of the residence extend above a height of
25.06 feet, as measured from highest elevation of the existing grade covered by the
structure (elev. 333.67 feet) to the highest proposed roof ridgeline (elev. 358.73
feet); and an overall height of 25.47 feet, as measured from lowest finished grade
adjacent to the structure (elev. 333.26 feet) to the highest proposed roof ridgeline
(elev. 358.73 feet). BUILDING HEIGHT CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer PRIOR TO ROOF
SHEATHING INSPECTION, based on the above-mentioned instructions.
21. The existing structure shall maintain setbacks of 20 feet front, 5 feet-7 inches south
side, 10 feet-5 inches, north side, and a 102 feet rear.
22. Unless modified by the approval of future planning applications, the approved
project within the Commercial General (CG) zoning district shall maintain a
maximum of 61% lot coverage.
23. All applicable soils/geotechnical reports, if required by the Building and Safety
Division, shall be approved by the City's Geologist.
24. All prior conditions established by P.C. Resolution No. 87-37, which conditionally
approved CUP No. 120, and P.C. Resolution No. 88-35, which conditionally
approved Revision "A" to CUP No. 120 and Grading Permit No. 1108, are to remain
in effect. If a conflict exists, the newer condition will supersede and replace any
prior condition.
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