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PC RES 2024-009P.C. Resolution No. 2024-09 Page 1 of 20 P.C. RESOLUTION NO. 2024-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 2 TO THE PREVIOUSLY-ADOPTED GOLDEN COVE CENTER MITIGATED NEGATIVE DECLARATION AND APPROVING, WITH CONDITIONS & REVISION NO. B TO THE GOLDEN COVE CENTER CONDITIONAL USE PERMIT NO. 206 TO ALLOW FOR AMPLIFIED SOUND AND OUTDOOR LIVE ENTERTAINMENT WITHIN THE COURTYARD OF BUILDING ‘A’ OF THE GOLDEN COVE CENTER LOCATED AT 31098 HAWTHORNE BOULEVARD (CASE NO. PLCU2024-0002). WHEREAS, on October 12, 1999, the Planning Commission adopted P.C. Resolution No. 99-39 and 99-40 thereby certifying a Mitigated Negative Declaration and conditionally approving Conditional Use Permit No. 206 for the construction of three buildings (referred to as Building D, E and F) located adjacent to Palos Verdes Drive West. In addition to the construction of the three buildings, open-air trellises were permitted to be constructed surrounding the three buildings; and, WHEREAS, on April 24, 2001, the Planning Commission adopted P.C. Resolution No. 2001-08, adopting Addendum No. 1 to Mitigated Negative Declaration No. 711, and approving, with conditions, Conditional Use Permit No. 206 – Revision ‘A’, to allow a change of use of the existing 27,770 ft2 market space from retail to private educational to accommodate 400 students related to the operation of the Peninsula Montessori School; and WHEREAS, on December 11, 2008, the Planning Commission adopted P.C. Resolution Nos. 2008-55 and 2008-56, thereby certifying a Mitigated Negative Declaration and conditionally approving a Revision to Conditional Use Permit No. 206 to demolish and build a new Building C for the construction of a new building in the same location for a new grocery store to be occupied by Trader’s Joe; and WHEREAS, on March 8, 2011, the Planning Commission adopted P.C. Resolution No. 2011-13, conditionally approving a Revision to Conditional Use Permit No. 206 to modify the roof structure of three existing open-air trellises located on Building D, E and F to be remodeled with a solid roof/canopy with additional dining underneath two of the covered patios. At that time, the Planning Commission required a one-time review of the Golden Cove Center’s conditions of approval and their effectiveness with the operations of the Center to be held no sooner than one year following the final approval of the requested revision; and P.C. Resolution No. 2024-09 Page 2 of 20 WHEREAS, on December 10, 2013, the Planning Commission adopted P.C. Resolution No. 2013-28, conditionally approving an amendment to the Golden Cove Center Conditional Use Permit, thereby combining all conditions of approval related to the Center’s operations and development standards into one document for the Center; and WHEREAS, on June 13, 2022, the Golden Cove Center Property Owner, Golden Cove Center, LLC, submitted an application to revise Conditions of Approval of the existing Golden Cove Center Conditional Use Permit No. 206 to allow for the use of amplified sound and outdoor live entertainment within the courtyard area of Building ‘A’ on a permanent basis; and WHEREAS, On June 22, 2022, Staff reviewed the application package and deemed the application incomplete for processing due to missing information and the preparation of additional application materials. Additional information was resubmitted on several occasions, including sound studies; and the application was deemed complete for processing on March 18, 2024; and WHEREAS, On March 21, 2024, a public notice announcing the proposed project was published in the Peninsula News and a public notice was sent to property owners within 500 feet of the project site; and, WHEREAS, Addendum No. 2 to the previously-adopted Mitigated Negative Declaration for the Golden Cove Center Conditional Use Permit has been prepared to amend the project description of the Mitigated Negative Declaration to describe proposed revisions related to the usage of amplified sound and the operation of live entertainment within a courtyard area of Building ‘A’ of the Golden Cove Center, and provide analysis regarding whether the revisions to the project description require subsequent environmental review; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Zoning Code, the Planning Commission held a duly-noticed public hearing on April 9, 2024, 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 to revise the Golden Cove Center Conditional Use Permit No. 206 to allow for amplified sound and outdoor live entertainment within a 750 ft2 courtyard area adjacent to Building ‘A’ of the Golden Cove Center. Section 2: The Planning Commission finds that the revision to the Golden Cove Center Conditional Use Permit No. 206 to allow amplified sound and outdoor live entertainment within a Commercial Neighborhood (CN) Zoning District is warranted based on the following P.C. Resolution No. 2024-09 Page 3 of 20 factors: A. The site is adequate in size and shape to accommodate the use and for all of the yards, setbacks, walls, fences, landscaping and other features required by the Development Code or by conditions imposed to integrate the use with those on adjacent land and within the neighborhood. The proposed outdoor entertainment, the activity will be conducted within the 750 ft2 space of the courtyard adjacent to Building ‘A’, which is improved with hardscape and landscape improvements as well as tables and chairs. On occasion, the outdoor entertainment will require a temporary 70 ft2 stage to be set up within the courtyard area in order to accommodate equipment, instruments, and performers. Based on a review of the project plans, the courtyard area is adequate in size and shape to accommodate the temporary stage and associated improvements without impeding access to and from Building ‘A’. B. The site for the use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use because the proposed use will not generate additional traffic beyond the limits of what the site can manage since the proposed use is taking place during the evenings and weekends which are considered off-peak since many of the businesses occupying Building ‘A’ such as the urgent care, pharmacy, dentist office, and State Farm Insurance are closed by 6:00PM daily and restaurants in the area such as Poke Me, Tomatillo, Swan Thai, and Subway are closed by 8:00PM. Additionally, the shopping center has a current inventory of 550 parking spaces allotted with a total of 498 spaces being utilized for all existing businesses within the plaza, this allows for up to 50 additional cars to park if needed. C. In approving the use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof because requested applications do not involve any modifications that would substantially change the physical dimensions of the shopping center. Instead, the requested applications are intended to utilize existing courtyard areas within the courtyard of Building ‘A’ of the Golden Cove Shopping Center. As indicated in the associated noise studies, the noise impacts to the surrounding neighbors would not cause an adverse impact to the adjacent properties or their permitted use. As such, this finding can be made. D. The use is not contrary to the General Plan because the project implements goals and policies of the General Plan to ensure that “land uses that will be sensitive to and enhance the natural environment and character of the City; supply appropriate facilities to serve residents and visitors; promote fiscal balance; and protect the general health, safety, and welfare of the City.” Additionally, the project proposed is consistent with P.C. Resolution No. 2024-09 Page 4 of 20 the underlying land use designation of Commercial Recreational. The project is also within the Commercial Neighborhood Zoning District which allows for live entertainment businesses that serve alcohol through the approval of a CUP. E.The property is not within an overlay control district. F.That the conditions necessary to protect the health, safety, and general welfare, have been added as reflected in Exhibit "A" of this Resolution, which include defining the hours of operation and ensuring continued monitoring to ensure that the noise limits do not exceed an average (Leq) of 65 dBA and a maximum (Lmax) of 80 dBA as set forth by the original conditions of approval for the Golden Cove Center. Section 3. The Planning Commission finds that the following amendments to Conditional Use Permit No. 206 are warranted based on the findings and discussion for the project as follows (deleted text shown in strikethrough and new text shown in underline): 30.All noise levels generated by the subject center shall not exceed a maximum level of sixty-five (65dBA) decibels, except for the outdoor entertainment use which is allowed to maintain an average (Leq) of sixty-five (65dBA) decibels over the course of an event with a maximum (Lmax) of eighty (80 dBA) decibels. 31.No amplified sound, including but not limited to, loudspeakers, stereo speakers, and microphones, shall be permitted throughout the center, including all outdoor dining areas, except for the outdoor entertainment provisions approved under Conditional Use Permit No. PLCU2024-0002 related to Building ‘A’. Additional details can be found under Condition Nos. 55-66 of this document. For special events, temporary amplified sound may be permitted provided that the applicants obtain a Special Use Permit from the Planning Department. Any amendment to this conditions shall be reviewed by the Planning Commission as a Conditional Use Permit amendment. Outdoor Entertainment 55.Outdoor entertainment shall only include amplified sound, live music, trivia nights, and/or stand-up comedy. 56.Outdoor entertainment is permitted within the 750 ft2 courtyard area adjacent to Building ‘A’ of the Golden Cove Center, during the following days and times only: •Monday through Thursday: 5:00PM to 9:00PM; •Friday: 5:00PM to 10:00PM; P.C. Resolution No. 2024-09 Page 5 of 20 •Saturday: 11:00AM to 10:00PM, not to exceed 6 hours; •Sunday: 11:00AM to 8:00PM, not to exceed 6 hours; and, •All federally observed Holidays from 11:00AM to 9:00PM, not to exceed 6 hours. 57.For special events, temporary amplified sound may be permitted provided that the applicants obtain a Special Use Permit from the Community Development Department. 58.The Applicant shall be responsible to setup and tear-down the outdoor operation and entertainment area, no sooner or later than sixty minutes before and after each outdoor operation and entertainment event. The premises shall be returned to its pre-event condition after each event, including the removal and storage of the temporary stage, the lights, and any sound equipment. 59.Maximum attendance at any event shall be limited to 75 people (not including staff). For any event that generates over 75 people, approval of a Special Use Permit by the Community Development Department shall be required in advance of the event. 60.The serving and/or consumption of alcohol during outdoor entertainment events shall be in accordance with any licensing requirements of the California Department of Alcoholic Beverage Control. 61.Live performers and/or musicians shall calibrate sound equipment or musical instruments for volumes not to exceed an Leq of 65 dBA and Lmax of 80 dBA as taken from the Northernmost, Easternmost, and Southernmost (directly behind the Peninsula Tap House) property lines during outdoor operations and entertainment. 62.A review shall be conducted by a Noise Consultant retained by the City to evaluate the effectiveness of event-related sound attenuation measures twice a year for the first year and once for the second year of the permit.. The Applicant shall submit to the City a Trust Deposit to cover all costs associated with the required noise monitoring reports. The review shall include the results of monitoring by an acoustical consultant approved by the City of noise levels from one or more events expected to have the highest attendance levels (at or near 40 persons) that also includes music. The report shall document compliance with Condition No. 61. If the City finds that noise from an event has resulted in the exceedance of any event-related noise threshold(s), the Planning Commission, at a duly noticed public hearing, may require further restrictions on outdoor entertainment, including event size, location, and operational characteristics. After two years, if the reporting and review process demonstrates on-going compliance to the City’s satisfaction, the Planning Commission may elect to terminate or modify the reporting and review process. P.C. Resolution No. 2024-09 Page 6 of 20 63.No outdoor lighting shall be permitted where the light source is directed towards or results in direct illumination of an adjacent parcel or properties, other than that upon which such light source is physically located. All exterior lighting shall be in compliance with the standards of Section 17.56.040 of the Rancho Palos Verdes Development Code. 64.The use of laser lights, strobe lights, flashing lights, or any similar lighting shall be prohibited during all events. Temporary lighting for the purposes of illuminating performers and the stage is permitted as long as the lighting remains downlit and directed away from adjacent parcels. 65.All permanent signs related to outdoor entertainment use shall be reviewed and approved in accordance with the Master Sign Program for the Golden Cove Center. 66.If the City finds that the noise from outdoor operations and entertainment has resulted in the exceedance of any event related to noise conditions, the City may require revocation of the permit or further restrictions on events, including but not limited to, location and operation characteristics through a revision of the CUP and at the cost of the applicant. (CONDITIONS NOS. 55-66 WERE ADDED AND APPROVED BY THE PLANNING COMMISSION ON APRIL 9, 2024 – RESOLUTION NO. 2024-09) Section 4: Based on its independent judgment, after consideration of the whole of the administrative record, the project was assessed in Mitigated Negative Declaration adopted on October 12, 1999; and pursuant to CEQA Guidelines 15162 and 15164, as supported by the addendum dated April 9, 2024, no major revisions are required to the Mitigated Negative Declaration; and no subsequent EIR or negative declaration is required for approval of the project. Section 5: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 16.08.020, 17.60.060, 17.68.040(0) and 17.76.040(H) of the Rancho Palos Verdes Municipal Code; any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than Wednesday, April 24, 2024. 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 adopts Addendum No. 2 of a Mitigated Negative Declaration as described in the attached Exhibit ‘A’, and approves with conditions Revision No. B to the Golden Cove Center Conditional Use Permit No. 206 to allow for amplified sound and outdoor live entertainment within the courtyard of Building ‘A’ of the Golden Cove Center located at 31098 Hawthorne Boulevard (Case P.C. Resolution No. 2024-09 Page 7 of 20 No. PLCU2024-0002) subject to the amended conditions of approval contained in the attached Exhibit 'B', which is incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED this 9th day of April 2024, by the following vote: AYES: COMMISSIONERS NULMAN, PERESTAM, SAADATNEJADI & VICE CHAIR SANTAROSA NOES: NONE ABSTENTIONS: NONE RECUSSALS: CHAIR CHURA ABSENT: COMMISSIONERS BRACH & NELSON Ron Santarosa Vice-Chair Brandy Forbes, AICP Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2024-09 Page 8 of 20 PC RESOLUTION NO. 2024-09 EXHIBIT “A” ADDENDUM NO. 2 MITIGATED NEGATIVE DECLARATION FOR THE GOLDEN COVE CENTER CONDITIONAL USE PERMIT (CASE NO. PLCU2024-0002) Project Background: On October 12, 1999, the Planning Commission adopted P.C. Resolution No. 99-40, adopting a Mitigated Negative Declaration and conditionally approving the construction of a 12,600 ft2 addition to an existing shopping center and 1,220 yd3 of associated grading, and a Joint Use Parking at 31098 Hawthorne Boulevard. Prior to its adoption, on July 19, 1999, the City circulated the project’s Initial Study and a Mitigation Monitoring Program was prepared. In Adopting the Mitigated Negative Declaration, the Planning Commission found: 1) that there would be no significant adverse environmental impacts resulting from the development; and 2) that the impacts identified in the Initial Study could be mitigated through incorporation of mitigation measures to reduce any adverse impacts to adjacent properties, and therefore, upon the environment. On April 24, 2001, the City’s Planning Commission adopted P.C. Resolution No. 01-08, thereby adopting Addendum No. 1 to the approved Mitigated Negative Declaration and approving certain modifications of the approved Conditions of Approval to allow a change of use of an existing 27,770 ft2 market space from retail to private educational and approving exterior and interior improvements, the construction of a designated student drop-off and pick-up area, two new playgrounds, 200 yd3 of associated grading, and a revision to the Joint Use Parking Program to accommodate 400 students all related to the operation of the Peninsula Montessori School at 31100 Hawthorne Boulevard. Proposed Revisions: The proposed revisions include revising Conditional Use Permit No. 206 to allow for amplified sound and outdoor live entertainment within the Golden Cove Shopping Center and for the Peninsula Tap House to have outdoor live entertainment in conjunction with the sale of alcohol. Purpose: This Addendum to the previously approved Mitigated Negative Declaration is being prepared pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines which allows for the lead agency to prepare an addendum to an adopted Mitigated Negative Declaration if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration have occurred. Pursuant to CEQA Section 15162, no subsequent Mitigated Negative Declaration shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: P.C. Resolution No. 2024-09 Page 9 of 20 1.Substantial changes are proposed in the project that will required major revisions of the previous Mitigated Negative Declaration due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2.Substantial changes occur with respect to the circumstances under which the project is undertaken which will required major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity or previously identified significant effects; or, 3.New information of substantial importance identifies one or more significant effects not discussed in the previous Mitigated Negative Declaration, significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration, mitigation measures or alternative previously found not to be feasible or not analyzed in the Mitigated Negative Declaration would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt a measure or alternative. Findings Regarding the Proposed Project Revisions: The Planning Commission has independently reviewed this item and determined that the proposed modifications to the Conditions of Approval do not constitute a substantial change in the Conditions of Approval to the Golden Cove Center Conditional Use Permit No. 206, and there have been no substantial changes to the approved project as a result of the modifications to the Conditions of Approval. Two noise studies conducted on March 8, 2023, and October 21, 2023, by a Noise Consultant retained by the Applicant, as a result of the request to revise the Conditions of Approval for the Golden Cove Center Conditional Use Permit No. 206 to allow for amplified sound and outdoor entertainment found that the proposed use would not require any additional noise reduction methods or further restriction of hours. Thus, the modifications will not introduce new significant environmental effects or substantially increase the severity of the environmental impacts that were previously identified and analyzed in the approved Mitigated Negative Declaration. Further, no new information of substantial importance was submitted to the City, which was not previously known or could not have been previously known at the time the previous Mitigated Negative Declaration was adopted that shows: that there is one or more new, or substantially increased, significant impacts; that new feasible mitigation measures or alternatives exist; or that new considerably different mitigation measures are feasible to reduce the impacts. Therefore, it has been determined, after consideration of the whole of the administrative record, the project was assessed in Mitigated Negative Declaration adopted on October 12,1999; and pursuant to CEQA Guidelines 15162 and 15164, as supported by this Addendum No. 2 dated April 9, 2024, no major revisions are required to the Mitigated P.C. Resolution No. 2024-09 Page 10 of 20 Negative Declaration; and no subsequent EIR or negative declaration is required for approval of the project. P.C. Resolution No. 2024-09 Page 11 of 20 PC RESOLUTION NO. 2024-09 EXHIBIT “B” CONDITIONS OF APPROVAL REVISION ‘B’ FOR THE GOLDEN COVE CENTER CONDITIONAL USE PERMIT (CASE NO. PLCU2024-0002) General Conditions 1.Prior to the submittal of and 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 approval. 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 Golden Cove Center commercial development, including site layout, the building heights, and signage throughout the site, shall be constructed and maintained in substantial compliance with the plans reviewed and approved by the Planning Commission on March 8, 2011, and December 11, 2008. 3.The Community Development Director is authorized to approve minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. Otherwise, all other modifications shall be subject to review and approval by the Planning Commission. 4.In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 5.The hours of demolition, grading and construction shall be limited to Monday through Saturday, as permitted by the City's Municipal Code. No construction shall be permitted on Sundays or on legal holidays. Further, trucks shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. 6.The commercial development site, when under construction, 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 is not 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. P.C. Resolution No. 2024-09 Page 12 of 20 7.All mitigation measures contained in the approved Mitigated Negative Declaration No. 711, shall be incorporated into the implementation of the construction and operation of Buildings, D, E and F and adhered to, and are incorporated herein by reference. 8.All mitigation measures contained in the approved Mitigation Monitoring Program contained in P.C. Resolution No. 2008-55 for the adopted Mitigated Negative Declaration, shall be incorporated into the implementation and operation of the Trader Joe's grocery store and adhered to, and are incorporated herein by reference. 9.Prior to the alteration of any existing, approved drainage patterns on-site, a hydrology study and drainage plan, prepared and wet-stamped by a licensed engineer, shall be submitted to the Community Development Department for review and approval by the City. Said plan shall indicate all drainage patterns and mitigation measures that will prevent on-site flooding. 10.The property owner shall be in substantial conformance with the requirements of the National Pollutant Discharge Elimination System (NPDES) requirements, and shall obtain for approval by the City when applicable. Development Standards and Operation Requirements 11.The maximum hours of operation for all uses and tenants within the center, with the exception of Trader Joe's grocery store (see Condition No. 24), shall be 6:00 am to midnight, Monday through Sunday. 12.Buildings "D," "E," and "F" shall maintain a minimum setback of thirty (30) feet from the abutting street (Palos Verdes Drive West) and the first fifteen (15)feet, as measured from the property line, shall be landscaped, and shall not exceed a combined total square footage of 5,250 square feet without obtaining the appropriate approvals from the City. 13.The following improvements at the Golden Cove Center were permitted through Case No. ZON2008-00541 and were completed in 2010: a.Demolish the existing restaurant building measuring 6,815 square feet (formerly known as the "Golden Lotus") b.The sale of general alcohol for off-site consumption (ABC Type 21 License). c.Restriping and reconfiguring the existing parking lot from angled parking to 90-degree parking with 2-way aisles. d.A courtyard area along the front of the existing two-story building. e.Closure of the enter-only driveway from Palos Verdes Drive West to provide additional common space to the area adjacent to Starbucks Coffee (Building "D") P.C. Resolution No. 2024-09 Page 13 of 20 f.Relocation of the existing trash enclosure as depicted on the site plan approved by the Planning Commission on December 11, 2008. g.A new pedestrian entry feature between the parking lot and the restaurants along the western portion of the site. 14.The pedestrian feature approved in Condition No. 13(g), shall be limited to a maximum height of 12-feet in overall height. 15.The following improvements at the Golden Cove Center were permitted through Case No. ZON2010-00402 (Revision to Conditional Use Permit No. 206), and were completed in 2012, allowing a remodel of three existing 459 square foot trellises located along the north side of Building D, east side of Building E and south side of Building F to be converted from open-air trellises to solid roofed covered patios. In addition two of the covered patios are permitted to be used for outdoor dining at a maximum of 375 square feet. (MINOR EXCEPTION PERMIT APPROVED ON APRIL 5, 2013, TO ENCLOSE THE COVERED PATIO ALONG THE NORTH SIDE OF BUILDING D - CASE NO. ZON2013- 00062) 16.The existing garden walls and landscaping between Palos Verdes Drive West and the restaurants along the western portion of the site, shall be extended to close the entry-only driveway to provide the additional patio area adjacent to Starbucks Coffee (Building "D"). 17.The property owner shall provide and maintain a 6'-0" tall solid barrier wall along the south property line. (THIS CONDITION WAS MODIFIED AND APPROVED BY THE CITY COUNCIL ON JUNE 7, 2011 - RESOLUTION NO. 2011-34). 18.With the exception of Trader Joe's, which has specific delivery times , all deliveries of commercial goods and supplies; such as, but not limited to, trash pick-ups, trash sweepers, and delivery trucks, shall be conducted between the hours of 7:00am and 7:00pm on weekends, and between the hours of 7:00am to 11:30am, and 1:30pm and 7:00pm on weekdays. Deliveries, as outlined in this condition, shall not occur between the peak parking demand hours of 11:30am and 1:30pm on weekdays. Trader Joe's Conditions of Approval 19.The trash enclosure adjacent to Trader Joe's grocery store shall maintain a trellis over the enclosure. P.C. Resolution No. 2024-09 Page 14 of 20 20.The Trader Joe's grocery story building shall be limited to a maximum of 11,000 square feet of retail floor area, with a maximum 1,200 square foot mezzanine above. Thus, a maximum gross floor area of 12,200 square feet is approved. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, STRUCTURE SIZE CERTIFICATION IS REQUIRED BY A LICENSED LANDSURVEYOR OR ENGINEER PRIOR TO BUILDING PERMIT FINAL OF THE GROCERY STORY. 21.The maximum overall height of the Trader Joe's grocery store building is limited to 26'-3". In no case, however, shall the maximum ridgeline elevation of the building be higher than elevation 287.55'. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS. 22.The Trader Joe's grocery store building shall maintain a 15'-0" setback from the northerly property line along Hawthorne Boulevard, and a 6'-6" setback from the southerly property line that is shared with 7-Eleven, as approved through a Variance by the Planning Commission on December 11, 2008. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO POURING OF FOOTINGS. 23.Hours of operation of the Trader Joe's grocery store are limited to 8:00am to 9:00pm, Monday through Sunday. 24.Deliveries to the Trader Joe's grocery store building are permitted Monday through Sunday, only between the hours of 5:00 am to 7:30 am and 9:00pm to 11:00pm. Maintenance & Mechanical Equipment 25.All existing and proposed rooftop mechanical equipment shall be adequately screened from adjacent private properties and the public and private right- of-ways. Furthermore, the roof top mechanical equipment for the existing two-story office/retail building shall be visually screened with a three-foot high parapet wall around the perimeter of the existing roof, as shown on the plans dated approved by the Planning Commission on October 12, 1999. 26.All mechanical equipment and the operation of machinery shall not exceed P.C. Resolution No. 2024-09 Page 15 of 20 noise levels in excess of sixty-five decibels (65 dBA), as measured from the closest property line adjacent to the mechanical equipment and shall operate between the hours 7:00am and 7:00pm. 27.The storage of all goods, wares, merchandise, produce and other commodities shall be housed in permanently, entirely enclosed structures, unless being transported. 28.All trash receptacles shall be fully enclosed and visually screened from the public's view. 29.All hardscape surfaces, such as the parking lot and walkways, shall be properly maintained and kept clear of trash and debris at all times. The property owners shall provide weekly sweep cleaning and leaf blowing that shall be permitted Mondays through Fridays from 8:00am to 5:00pm, on Saturdays from 9:00am to 4:00pm and at no time on Sundays and national holidays. 30.All noise levels generated by the subject center shall not exceed a maximum level of sixty-five (65dBA) decibels, except for the outdoor entertainment use which is allowed to maintain an average (Leq) of sixty-five (65dBA) decibels over the course of an event with a maximum (Lmax) of eighty (80 dBA) decibels. (THIS CONDITION WAS MODIFIED AND APPROVED BY THE PLANNING COMMISSION ON APRIL 9, 2024 – RESOLUTION NO. 2024-09) 31.No amplified sound, including but not limited to, loudspeakers, stereo speakers, and microphones, shall be permitted throughout the center, including all outdoor dining areas, except for the outdoor entertainment provisions approved under Conditional Use Permit No. PLCU2024-0002 related to Building ‘A’. Additional details can be found under Condition Nos. 55-66 of this document. For special events, temporary amplified sound may be permitted provided that the applicants obtain a Special Use Permit from the Planning Department. Any amendment to this conditions shall be reviewed by the Planning Commission as a Conditional Use Permit amendment. (THIS CONDITION WAS MODIFIED AND APPROVED BY THE PLANNING COMMISSION ON APRIL 9, 2024 – RESOLUTION NO. 2024-09) Outdoor Dining 32.The outdoor dining area on the west side and adjacent to the three buildings off Palos Verdes West shall remain uncovered and open to the sky, with the P.C. Resolution No. 2024-09 Page 16 of 20 exception of an open trellis. The outdoor dining area on the north side of Building D and the south side of Building F may be covered with a solid roof and shall be permitted to have a maximum of 375 square feet of outdoor dining underneath each roof. All trellis areas, whether they are covered or not covered, shall respect all City setbacks and shall not exceed a maximum height of 12'-0" (modified from Condition No. 20 of Planning Commission Resolution No. 99-40). (MINOR EXCEPTION PERMIT APPROVED ON APRIL 5, 2013, TO ENCLOSE THE COVERED PATIO ALONG THE NORTH SIDE OF BUILDING 0- CASE NO. ZON2013- 00062) 33.All outdoor dining areas shall remain open and shall not be allowed to be sectioned off or barricaded in a manner that restricts free passage by pedestrians. Any proposal to section off or barricade outdoor dining areas for the exclusive use by tenants shall require an approval of a CUP Revision by the Planning Commission pursuant to a duly noticed public hearing. Parking Requirements 34.The total parking spaces in the shopping center shall not be less than 307 spaces per the approved parking plan on file with the City. With the addition of the new outdoor dining areas, the Center's total parking demand was determined to be 296 parking spaces. This demand is based on the November 4, 2008 Traffic Impact Study which was prepared as part of the Trader Joe's CUP Revision (Resolution No. 2008-56) and the Tenant List dated March 7, 2011 (presented to the Planning Commission on March 8, 2011). To ensure that the Center's overall parking demand does not exceed the available total number of parking spaces (307 spaces), all future tenants shall obtain approval by the Director prior to occupancy and/or issuance of a Building Permit for tenant improvements. In order to obtain Director approval, all future tenants shall present an updated tenant list that demonstrates to the Director that adding said tenant to the Center will not exceed the overall parking demand of 296 spaces. 35.A parking program shall be developed and enforced by the property owner that mandates parking by employees in the Golden Cove Center to park in the stalls located along the eastern property line and to the rear of Building A (the existing two-story building). 36.Signage shall be posted throughout the parking lot limiting parking to no longer than four hours. Said signage shall comply with the regulations of the California Vehicle Code. The owner and/or property manager shall be responsible for monitoring and enforcing the time limitations. P.C. Resolution No. 2024-09 Page 17 of 20 Off-Site and On-Site Circulation 37. "Do Not Enter, Wrong Way" signage shall be installed and maintained at the back of the existing Building "A" (as shown on the approved parking and circulation site plan) to reduce the possibility of motorists traveling eastbound into the westbound one-way drive aisle adjacent to the Building "E." 38. The proposed one-way westbound drive aisle along the north side of Building "A" shall be designated as a two-way drive aisle by installing two- way directional pavement arrows at each end of that drive aisle. 39. Two-way directional pavement arrows shall be installed and maintained at each end of each two-way directional aisle-way. One-way directional pavement arrows shall be installed and maintained at each end of each one- way directional aisle-way. 40. The parking spaces adjacent to Building "E" shall be oriented at a 90 degree angle to maintain a two-way drive aisle. 41. Appropriate corner sight distance from 8-feet behind curb face shall be provided at the driveways accessing Palos Verdes Drive West and Hawthorne Boulevard. The corner sight distance on Palos Verdes Drive West shall be 550 feet based on a 50 mph 85th percentile speed and the corner sight distance on Hawthorne Boulevard shall be 495 feet based on a 45 mph 85th percentile speed. Lighting 42. A lighting plan prepared by a lighting contractor shall be submitted and approved byte they changes to outdoor lighting are proposed. The lighting plan shall include the location, height, number of lights, wattage and estimates of maximum illumination on site and spill/glare at the property lines and shall be reviewed and approved by the Planning Director. After sixty (60) days from the date of installation, all lighting shall be tested for conformance with the Community Development Director. 43. No one fixture shall exceed 1,200 watts and the light source shall not be directed toward or result in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. All exterior lighting shall be arranged and shielded so as to prevent direct illumination of abutting properties and to prevent distraction of drivers of vehicles on public rights-of-way. P.C. Resolution No. 2024-09 Page 18 of 20 44.No new outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the eaves. If the light source or fixture is located on a building with no eaves, or if located on a standard or pole, the light source or fixture shall not be more than sixteen (16) feet above existing grade, adjacent to the building or pole. 45.All outdoor lighting shall be turned off by 1:00am Mondays through Sundays, except for lighting used for security. The applicant shall maintain all site lighting as depicted on the plans approved by the Community Development Director. 46.A Master Sign Program shall be reviewed and approved by the Planning Commission. 47.A sign shall be posted and maintained at the driveway behind the existing Montessori School, requiring that only a right turn can be made onto Hawthorne Blvd. Utilities 48.All new utility lines shall be placed underground. Landscaping 49.Prior to issuance of building permits for the construction of Buildings "D," "E," and "F," a detailed landscape plan shall be submitted to the Community Development Department, indicating the types and sizes of plants to be used, for review and approval by the Community Development Director. The landscape plan shall indicate how all trash receptacles will be screened. 50.The existing parking lot shall be improved with planters that will contain vegetation not to exceed sixteen (16) feet in height at maturity. 51.All on-site foliage that exceeds sixteen (16) feet in height shall be trimmed to a height no higher than sixteen (16) feet or entirely removed from the root system and replaced with foliage that does not exceed sixteen (16) feet in height at maturity. If the foliage is trimmed to sixteen (16) feet and subsequently dies, such foliage shall be removed and replaced with foliage that does not exceed sixteen (16) feet in height at maturity. 52.The perimeter of the subject property shall be landscaped with foliage that does not exceed sixteen (16) feet in height at maturity, as measured fifteen (15) feet in from the property lines abutting a street. 53.The existing perimeter walls enclosing the subject property shall be improved P.C. Resolution No. 2024-09 Page 19 of 20 with a stucco finish resembling the color and texture used for the structures on the subject property. 54. The area between the proposed retaining wall and garden wall adjacent to the western property line, along Palos Verdes Drive West, shall be landscaped. Outdoor Entertainment 55. Outdoor entertainment shall only include amplified sound, live music, trivia nights, and/or stand-up comedy. 56. Outdoor entertainment is permitted within the 750 ft2 courtyard area adjacent to Building ‘A’ of the Golden Cove Center, during the following days and times only: • Monday through Thursday: 5:00PM to 9:00PM; • Friday: 5:00PM to 10:00PM; • Saturday: 11:00AM to 10:00PM, not to exceed 6 hours • Sunday: 11:00AM to 8:00PM, not to exceed 6 hours; and • All federally observed Holidays from 11:00AM to 9:00PM, not to exceed 6 hours 57. For special events, temporary amplified sound may be permitted provided that the applicants obtain a Special Use Permit from the Community Development Department. 58. The Applicant shall be responsible to setup and tear-down the outdoor operation and entertainment area, no sooner or later than sixty minutes before and after each outdoor operation and entertainment event. The premises shall be returned to its pre-event condition after each event, including the removal and storage of the temporary stage, the lights, and any sound equipment. 59. Maximum attendance at any event shall be limited to 75 people (not including staff). For any event that generates over 75 people, approval of a Special Use Permit by the Community Development Department shall be required in advance of the event. 60. The serving and/or consumption of alcohol during outdoor entertainment events shall be in accordance with any licensing requirements of the California Department of Alcoholic Beverage Control. 61. Live performers and/or musicians shall calibrate sound equipment or musical instruments for volumes not to exceed an Leq of 65 dBA and Lmax of 80 dBA as taken from the Northernmost, Easternmost, and Southernmost (directly behind P.C. Resolution No. 2024-09 Page 20 of 20 the Peninsula Tap House) property lines during outdoor operations and entertainment. 62.A review shall be conducted by a Noise Consultant retained by the City to evaluate the effectiveness of event-related sound attenuation measures twice a year for the first year and once for the second year of the permit. The Applicant shall submit to the City a Trust Deposit to cover all costs associated with the required noise monitoring reports. The review shall include the results of monitoring by an acoustical consultant approved by the City of noise levels from one or more events expected to have the highest attendance levels (at or near 40 persons) that also includes music. The report shall document compliance with Condition No. 61. If the City finds that noise from an event has resulted in the exceedance of any event-related noise threshold(s), the Planning Commission, at a duly noticed public hearing, may require further restrictions on outdoor entertainment, including event size, location, and operational characteristics. After two years, if the reporting and review process demonstrates on-going compliance to the City’s satisfaction, the Planning Commission may elect to terminate or modify the reporting and review process. 63.No outdoor lighting shall be permitted where the light source is directed towards or results in direct illumination of an adjacent parcel or properties, other than that upon which such light source is physically located. All exterior lighting shall be in compliance with the standards of Section 17.56.040 of the Rancho Palos Verdes Development Code. 64.The use of laser lights, strobe lights, flashing lights, or any similar lighting shall be prohibited during all events. Temporary lighting for the purposes of illuminating performers and the stage is permitted as long as the lighting remains downlit and directed away from adjacent parcels. 65.All permanent signs related to outdoor entertainment use shall be reviewed and approved in accordance with the Master Sign Program for the Golden Cove Center. 66.If the City finds that the noise from outdoor operations and entertainment has resulted in the exceedance of any event related to noise conditions, the City may require revocation of the permit or further restrictions on events, including but not limited to, location and operation characteristics through a revision of the CUP and at the cost of the applicant. (CONDITIONS NOS. 55-66 WERE ADDED AND APPROVED BY THE PLANNING COMMISSION ON APRIL 9, 2024 – RESOLUTION NO. 2024-09)