ORD 237 ORDINANCE NO. 237
AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES APPROVING
DEVELOPMENT AGREEMENT NO. 1 .
WHEREAS, the City has initiated, at the property owner' s
request, General Plan Amendment No. 16 and Zone Change No. 15 to
change the land use and zoning designations from residential to
commercial , for property located at 28041 Hawthorne Boulevard; and
WHEREAS, in reviewing the impacts posed by the proposed
general plan and zoning amendments, the Planning Commission and
City Council determined that controls on the use and operation of
the site, beyond the minimum controls established by the
Development Code would be desirable and necessary to protect the
public health, safety, and welfare; and
WHEREAS, the owner of the property affected by the proposed
general plan and zoning amendments, has expressed a desire to
obtain the binding agreement of the City to use, operate, and
develop the affected property in accordance with the City rules,
regulations and official policies concerning permitted land uses,
design, improvement, and construction standards and specifications
presently in force; and
WHEREAS, pursuant to the procedures established by City
Council Resolution No. 87 - 62 , a development agreement was
negotiated between the City and the property owner to address the
concerns of both parties regarding the proposed general plan and
zoning amendments; and
WHEREAS, the Planning Commission has held public hearings on
this matter on November 24, December 8 , 1987, and January 12,
1988, and has recommended approval in P.C. Resolution No. 88 - 2;
and
WHEREAS, the City Council has held public hearings on this
matter on March 1, March 15, June 21, July 5, July 19 and August
16, 1988, at which time all interested parties were given an
opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the
Initial Study for Environmental Assessment No. 538 and determined
that the agreement will not create any significant adverse
environmental impacts and that a Negative Declaration should be
issued.
Section 2: The City Council finds that the agreement is
necessary and desirable to limit the noise, traffic, aesthetic,
and parking impacts that could occur as a result of the proposed
change in land use and zoning designations for the subject
property, and to improve and enhance the consistency of the use of
the subject property with the goals, objectives, and policies of
the City' s general plan.
Section 3: The City Council finds that the agreement has
been prepared in accordance with the procedures established by
City Council Resolution No. 87 - 62 and state law.
Section 4: The City Council of the City of Rancho Palos
Verdes hereby approves Development Agreement No. 1 (attached as
Exhibit I ) and approves the issuance of a Negative Declaration for
Environmental Assessment No. 538 .
PASSED, APPROVED, and ADOPTED this 20th day of September,
1988 by the following roll call vote:
14;11
ATTEST:
ro )1
my
CITY CLERK
(/
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I , JO PURCELL, City Clerk of the City of Rancho Palos Verdes
do hereby certify that the whole number of members of the city
Council of said City is five; that the foregoing ordinance, being
Ordinance No. 237, passed first reading on August 16, 1988, was
duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on September 20, 1988, and that the
same was passed and adopted by the following roll call vote:
AYES: HUGHES, HINCHLIFFE, McTAGGART AND MAYOR RYAN
NOES: NONE
ABSENT: BACHARACH
ABSTAIN: NONE
4)
11 , 401'
CITY CLER'
Ordinance No. 237
Page
EXHIBIT I
"DEVELOPMENT AGREEMENT NO . 1" /
THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement" ) is
entered into as of this 20 day of sapktimilleal , 1988 , by and
between the CITY OF RANCHO PALOS VERDES , a California general law
municipal corporation (hereinafter "City" ) and Paul Lupo ,
(hereinafter "Owner" ) owner of record of property located at 28041
Hawthorne Blvd. , further described in Exhibit "A" .
RECITALS
THIS DEVELOPMENT AGREEMENT is entered into on the basis of
the following facts , understandings and intentions of the parties :
A. Government Code Sections 65864-65869 . 5 authorize City and
Owner to enter into a binding development agreement for the
development of real property within City ' s jurisdiction.
B. Pursuant to Government Code Section 65865 , City has
adopted Resolution No . 87-62 , establishing procedures and
requirements for consideration of such development agreements .
C . At the time of execution of this Agreement , Owner is the
owner of a parcel of real property located on 28041 Hawthorne
Blvd.
D. On September 20 , 1988 , the City Council of City adopted
General Plan Amendment No . 16 (Resolution No . 88-52 ) , Zone Change
No . 15 (Ordinance No . 236) and Ordinance No . 237 (approving
this Development Agreement ) establishing designations for the
property and authorizing execution of this Agreement , which is
- 1 - ORD. 237
consistent with the General Plan, the Zoning Map and the Zoning
Ordinance .
E. City desires to obtain the binding agreement of Owner
regarding present and future permitted uses for the property,
operation of those uses , and future development on the property.
F . Owner desires to obtain the binding agreement of City
that City will permit Owner, or its successor-in-interest , to
use , operate and develop the property described in Exhibit A
attached hereto , in accordance with the City rules , regulations
and official policies concerning permitted land uses , design,
improvement and construction standards and specifications in force
at the time of the execution of this Agreement .
G. Owner has applied to City pursuant to Government Code
Sections 65864-65869 .5 and City ' s Resolution No . 87-62 for
approval of a development agreement providing for the binding
agreements desired by the parties hereto . City ' s City Council has
given notice of intention to adopt the proposed Development
Agreement , has conducted public hearings thereon pursuant to
Government Code Section 65867 and City ' s Resolution No . 87-62 and
has found that the provisions of said Development Agreement are
consistent with City ' s General Plan.
H . A Negative Declaration has been prepared and approved in
conjunction with the consideration of this Agreement in accordance
with the applicable statutes , ordinances and regulations of the
State of California and of City.
NOW, THEREFORE, the parties do hereby agree as follows :
- 2 - ORD. 237
1 . Definitions . In this agreement , unless the context
otherwise requires :
(a) "City" is the City of Rancho Palos Verdes .
(b) "Owner" is Paul Lupo .
(c) "Party" is a signatory to this Agreement , or an heir,
successor, or assign of a signatory to this Agreement .
(d) "Property" is the real property described in Exhibit
"A" attached hereto .
( e ) "Property owner" is Paul Lupo or Paul Lupo ' s
successor-in-interest , whichever undertakes development
of the property for commercial purposes pursuant to this
Agreement .
(f ) "Building" means the structure existing on the
property on the effective date of this agreement .
2 . Interest of Owner. Owner represents to City that it owns
the property in fee , as of the effective date of this Agreement .
3 . Effectiveness . This Development Agreement shall be
dated, and the obligations of the parties hereunder shall be
effective , as of the execution of the Agreement by all parties .
4. Binding Effect . This Agreement , and all of the terms and
conditions hereof , shall be binding upon and inure to the benefit
of the parties and their respective assigns , heirs or other
successors in interest .
} 5 . Negation of Agency . The parties acknowledged that , in
entering into and performing this Agreement , each is acting as an
independent entity and not as an agent of the other in any
respect .
- 3 - ORD. 237
6 . Development of the Property. The following specific
restrictions shall govern the use and development of the property :
II (a) Uses
All uses that are listed as permitted uses in the
Commercial Limited (CL) zone , per Section 17 . 18 .020
of the Rancho Palos Development Code as it currently
exists , are permitted except as noted herein.
1 ) Medical or dental clinics or offices for in or
out-patient care , including emergency care centers ,
chiropractic care facilities , holistic care centers
or other similar facilities , as determined by the
Director of Environmental Services , that are
intended to provide professional physical ,
psychological or holistic care or counseling are
prohibited.
2) Any expansion to the gross floor area of the
convenience store in Suite "A" is prohibited unless
a conditional use permit is approved by the City.
3 ) Eating and drinking establishments are
prohibited.
4) Minor office uses permitted in the Commercial
Limited (CL) zone per Section 17 . 18 .020 of the
ilRancho Palos Verdes Development Code , as this
section currently exists , shall not occupy more than
65% of the total available net leasable area of the
building.
- 4 - ORD. 237
(b) Operating Hours
All businesses that begin legal operation at the
property after the effective date of this agreement
shall not be open to the public between the hours of
11 p .m. and 6 a.m. Monday through Sunday. By
executing this agreement , property owner
acknowledges that he is aware that Chapter 17 . 25 of
the Rancho Palos Verdes Development Code , as it
currently exists , requires that all convenience
stores must be closed to the public between the
hours of 11 p .m. and 6 a.m. daily starting June 2 ,
1988 . Property owner agrees to include the above
specified restrictions on hours of operation in any
lease or rental agreement with any tenant executed
on or after the effective date of this agreement .
Property owner also agrees to take all reasonable
steps to require current and future tenants of the
property to comply with said restricted hours of
operation.
(c ) Signage
A sign program shall be prepared by the property
owner and approved by the City Planning Commission
prior to expiration of this Agreement and must be
approved by the City Planning Commission prior to
City approval of any future temporary or permanent
sign. The sign program shall specify :
1 ) Total sign area for the site .
- 5 - ORD. 237
2 ) Distribution of sign area per tenant .
3 ) Location of all tenant identification signs .
4) Style , color, and material of all tenant
identification signs .
5 ) Size , type , and location of all directional
signs .
The Planning Commission' s decision may be appealed
to the City Council pursuant to the procedure
specified in Section 17 .52 .020 (C ) of the Rancho
Palos Verdes Development Code as it currently
exists . The Planning Commission and the City
Council shall use the criteria in Section 17 . 52 .020
(C ) ( 1-8 ) of the Rancho Palos Verdes Development
Code as it currently exists to review the sign
program.
(d) Non-conforming Uses
After the effective date of this agreement , no use may be
established which is prohibited or which does not conform
to the provisi0ns of the Commercial Limited (CL) zone , as
it currently exists , or this agreement . The existing 7-
11 convenience store at the property does not conform to
the provisions of Chapter 17 . 25 and Section 17 . 18 .030 of
1/ the Rancho Palos Verdes Development Code , as these
sections currently exist , and may not be expanded or
replaced with the same or similar use unless a
conditional use permit is approved by the City pursuant
to Chapter 17 . 25 of the Rancho Palos Verdes Development
- 6 - ORD. 237
Code as it currently exists .
(e) Conditions 2-3 of City Council Resolution No . 88-37
il approving Variance No . 198 are hereby incorporated by
reference into this agreement as specific restrictions
governing the use and development of the property .
(f ) Other Development Standards
All design and development standards not set forth in
this Agreement shall be in accordance with the provisions
of the Rancho Palos Verdes Municipal Code , as it
currently exists .
(g) Traffic Safety Improvements
Property owner shall post a cash deposit , bond , or a
combination thereof in an amount sufficient to cover the cost of
full improvements to the public right-of-way on that portion of
Granvia Altimara and Hawthorne Boulevard which abuts this project .
Said improvements shall include landscaping , medians , directional
signage , striping , paving , curb and gutter. The design of such
improvements shall be subject to the approval of the Director of
Public Works . If the funds posted or pledged pursuant to this
condition have not been expended by the City prior to the
expiration of this agreement , said funds shall be returned to
property owner.
7 . Periodic Review of Compliance : City shall review this
Agreement at least once during every twelve-month ( 12 ) period
- 7 - ORD. 237
following the date hereof , in accordance with City ' s procedures
and standards for such review set forth in City ' s Resolution No .
87-62 .
During each periodic review by City, property owner shall be
required to demonstrate , and hereby agrees to furnish, such
evidence of good faith compliance with the terms hereof as City
may reasonably require .
8 . Amendment or Cancellation. This Agreement may be amended
or cancelled in whole or in part only by mutual consent of the
parties and in the manner provided for in Government Code Section
65868 and City ' s Resolution No . 87-62 . However, in the event of
the demolition or destruction of any or all of the existing
building , or in the event an application for an addition of five
hundred ( 500 ) square feet or more is submitted , or in the event
application for a use classified as a conditional use per Sections
17 . 18 .030 or 17 . 56 .020 is made , this agreement shall , at the
option of the City, be cancelled pursuant to the procedure
established in paragraph 10 subparagraph (b) of this Agreement .
9 . Enforcement . Unless amended, cancelled , or terminated as
provided in paragraph 8 , and subject to all provisions of
paragraph 12 , this Agreement shall be enforceable according to its
terms , notwithstanding any change in City ' s applicable general or
specific plan, zoning, subdivision or building regulations which
alters or amends City ' s rules , regulations or policies governing
permitted uses of the Property, density , design, improvement and
construction standards and specifications .
10 . Default by property Owner.
- 8 - ORD. 237
(a) Determination by City . The property owner which
undertakes development or operation of the property shall
be in default under this Agreement upon a finding and
determination by City made after periodic review as
provided for in Government Code Section 65865 . 1 and on
4
the basis of substantial evidence , that property owner
has not complied in good faith with any term or
condition of this Agreement . Property owner shall not be
excused from performance hereunder because of any failure
of performance by any third party, nor by adoption of any
law or any other governmental activity (unless the same
be in violation of this Agreement ) which makes
performance by property owner unprofitable .
(b) Termination or Modification for Default . In the
event of default by property owner, City may terminate or
modify this Agreement in whole or in part as to the
property, or any portion thereof , in accordance with
Government Code Section 65865 . 1 and the procedures in
City ' s Resolution No .87-62 . City ' s failure to modify or
terminate the Agreement after finding a default of
property owner pursuant to subsection (a) of this
paragraph shall not constitute a waiver of such default
by City .
11 . Remedies for Default . In the event of default by any
party hereunder, a nondefaulting party shall have available all
remedies at law or in equity not otherwise provided for herein,
which remedies shall include , by way of illustration but not
- 9 - ORD. 237
limitation, suits for injunction or declaratory relief , specific
performance , relief in the nature of mandamus , or actions for
damages . All of said remedies shall be cumulative and not
exclusive of one another, and the exercise of any one or more of
said remedies shall not constitute a waiver or election with
respect to any other available remedy .
12 . Litigation Expenses . If a legal action or proceeding is
brought by any party because of default under this Agreement , or
to enforce a provision thereof , the prevailing party herein shall
be entitled, in addition to any other relief , to recover
reasonable attorneys ' fees and court costs from the losing party
as determined by the court in which said action or proceeding is
pending .
13 . Superseding State or Federal Law. In the event that any
state or federal law or regulation enacted or adopted after the
date of this Agreement , or other action of any governmental entity
not under the control of City , shall prevent or preclude
compliance with any of the provisions hereof , such provisions
shall be modified or suspended only to the extent and for the time
necessary to achieve compliance with said law, regulation or other
governmental action, and the remaining provisions of this
Agreement shall be in full force and effect . Upon repeal of said
law, regulation or other governmental action or occurrence of
other circumstances removing the effect thereof upon this
Agreement , the provisions hereof shall be restored to their full
original effect .
- 10 - ORD. 237
14. Hold Harmless . During the term of this agreement , the
property owner holding record title agrees to and shall hold
harmless and shall defend and indemnify City from liability or
damage or claims for damage for personal injury, including death,
y
and claims for property damage which may arise from the direct or
indirect operations of property owner, or its contractors ,
subcontractors , agents , employees or other persons acting on its
behalf in relation to development of the property. This hold
harmless paragraph applies to all damages and claims for damages
suffered or alleged to have been suffered by reason of the
operations referred to in this Agreement , regardless of whether or
not City prepared, supplied or approved plans or specifications or
both. City agrees to and shall hold property owner, its officers ,
agents , employees and representatives , harmless and shall defend
and indemnify property owner from liability for damages or claims
arising out of the wrongful or negligent acts of City in the
performance of its obligations under this Agreement .
15 . Notices . All notices required or provided for under this
Agreement shall be in writing , shall be delivered in person or by
certified mail , postage prepaid, address to the parties as
follows :
Director of Environmental Services
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes , California 90274
Paul Lupo
Marina Realty
700 Torrance Blvd.
Redondo Beach, CA 90277
- 11 - ORD. 237
Any notice so delivered shall be effective upon the date of
personal delivery or, in the case of mailing, on the date of
delivery as shown on the U.S . Parcel Service return receipt . Any
party may change its address for notice by giving ten ( 10 ) days '
notice of such change in the manner provided for in this
paragraph.
16 . Term of Agreement . The term of this Agreement shall
commence on the date hereof , and shall continue for five ( 5 ) years
from the date of execution or until terminated by mutual consent
of the parties or as otherwise provided by this Agreement .
17 . Miscellaneous .
(a) Construction. As used in this Agreement , and as the
context may require , the singular includes the plural and
vice versa, and the masculine gender includes the
feminine and neuter and vice versa.
(b) Severability. If any part of this Agreement is
invalid, the remaining terms and conditions shall not be
affected unless their enforcement under the circumstances
would be unreasonable , inequitable or otherwise frustrate
the purposes of the Agreement .
(c ) Recordation. Upon execution of this Agreement , City
shall promptly arrange for its recordation as provided in
Government Code Section 65868 . 5 .
(d) Captions and References . The captions of the
paragraphs and subparagraphs of this Agreement are solely
for convenience of reference , and shall be disregarded in
the construction and interpretation of this Agreement .
- 12 -
ORD. 237
References herein to a paragraph, subparagraph or exhibit
are to the paragraphs, subparagraphs and exhibits of this
Agreement.
(e) Time. Time is of the essence of this Agreement and of
each and every term and condition hereof.
(f) Successors and Assigns. It is understood that Owner
may delegate or assign in part or in whole its
performance under this Agreement for the purpose of
developing and/or operating the property in accordance
with the terms and conditions of this Agreement. Any such
assignee or delegee shall be fully bound by each and
every applicable term and condition of this Agreement as
though a signatory thereto. This Agreement shall run
with the land and shall inure to the benefit of, and
shall be binding upon, all successors and assigns of the
parties.
(g) Exhibits. The following exhibits to which reference
is made in this Agreement are deemed incorporated in
their entirety:
Exhibit 'A' - Legal description of property.
Exhibit 'B' - Rancho Palos Verdes Development Code
sections cited in this agreement as they
existed on the date of execution of this
agreement:
Section 17.18.020 17.52.020 (C)
Section 17 .18 . 030 17.56.020 (C)
Section 17 .44.060 (A) Chapter 17 . 25
Exhibit 'C' - City Council Resolution 87-62
Exhibit 'D' - City Council Resolution 88-37
(h) Signature Pages. For convenience, the parties may
- 13 - ORD. 237
execute and acknowledge this Agreement on separate
signature pages which, when attached hereto, shall
constitute this as one complete Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by
the parties as of the day and year first above written.
7 0 v
Illio A /
May, r411
ATTEST:
ettot-
e t
- - ifidx#0 j
Dee/ City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this day of/ / 4 * , in the year Nil , before me,
the undersigned, a NotAry/ Puiglic in and for said County and State,
personal ly appeared K,i / tr I', . t-le4,4,t, , personally
known to me (or proved to me on the 614Da is of satisfactory
evidence) to be the Mayor, and Obiszti, LIAAt,
1
, personally
known to me ,or •roved to me on the basis of satisfactory
evidence) tu 4 - ity Clerk of the municipal corporation that
executed the wit in Instrument, known to me to be the persons who
executed the within Instrument on behalf of the municipal
corporation therein named, and acknowledged to me that such
corporation executed the within instrument.
11
if )
4,. OFFICIAL, dID SEAL . _ - .,..dt
4 ,4161%* .10.PURCELL i
' mita NOTARY PUBLIC•CALIFORNIA ,
Notary Public in and for said
'A t,c10710 Los maws COM ■
‘-4,6:
---,- My ammt. expires DEO 26, 1988
II Count and State
APPROVED AS TO FORM:
City Attorney
- 14 -
ORD. NO.237
IP 4.
, .4°F
I diPLA,.... d ItIlki
One
III
IISTATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
- )
On this /2 day of ,i , in the year /gig
before me, the undersigned, . Nota y Pu.l . . in nd for said County
and State, personally appeared A ,, -/ i -*
IF , A.......„..d <
personally known to me for prove. to me o ( the b. sis of
satisfactory evidence) to be the owner of the property identified
in Exhibit "A" of this Agreement.
1
r' OF AOF
.., OFFICIAL SEM, , - •
i 'Iiii ap- JO PURCELL Notary P k1lic in and for said
NOTARY PUBLIC-CALIFORNIA County . 7. State
4 ,,ID,44 AN
LOS GELES COUNlY
i - L., My comm. expires DEC 26, 1988 ■
I
,
- 15 -
ORD. NO.237
a--
E X H I B I T A
( Legal Description )
ORD. N0.237
Legal Description for property known as 28041 Hawthorne
Boulevard , Rancho Palos Verdes , CA 90274 :
Lot : 94
Tract : 25106
ORD. N0.237
E X H I B I T B
( Code Sections )
ORD. N0.237
17. 1( )90--17 . 18 . 020
17. 16 . 090 Development standards for conversions . In
addition to those requirements found in Section 17 . 16 . 070
the following shall apply:
A. Description of the features of the type of building
and project, including age, type of construction, the pre-
liminary number of separate units proposed, the square foot-
age of each unit and the entire building;
I/
B. Building component report indicating condition and
estimated remaining useful life of the roof, foundation,
plumbing, electrical, heating, air conditioning, and other
mechanical and structural systems , prepared by an appropri-
ately registered engineer;
C. Site plan, including buildings , structures , yards ,
open space and accessory storage areas and buildings , in-
cluding trash enclosures;
D. A history-of-occupancy report including:
1 . Rental rate history for the past five years ,
2 . Nature of existing tenant business and length
of tenancy,
3 . Proposed owners ' association fees ,
4 . Names and addresses of all tenants ,
5 . Any other information as required by the plan-
ning commission to assist in the review of the project;
E. A copy of the CC&Rs for the property. (Ord. 150
§11 , 1982) .
Chapter 17 . 18
COMMERCIAL LIMITED (CL) DISTRICT
Sections :
17 . 18 .010 Purpose.
17 . 18 . 020 Uses permitted.
17. 18 . 030 Uses allowed by conditional use permit.
17 . 18 . 010 Purpose . This district permits those uses
which serve the needs of the residents of the immediate sur-
rounding area with those goods and services which prove es-
sential in day-to-day living needs . (Ord. 75-78 (part) ,
1975) .
17. 18 . 020 Uses permitted. Convenience goods and ser-
vice businesses which serve a limited residential area , in-
cluding such retail businesses as a food market, pharmacy,
and liquor store; such service businesses as a barber or
beauty shop, cleaners/laundry, and minor office uses ; and
other similar uses clearly related to the convenience level
of service and purchasing as approved by the director; such
255 (Rancho Palos Verdes
7/87)
ORD. NO.237
17. 18 . 030--17 .20 . r
determination may be appealed to the planning commission.
(Ord. 75-78 (part) , 1975) .
17. 18 . 030 Uses allowed by conditional use permit. The
following uses may be permitted in the CL zone if it is
I/ found in each individual case by the planning commission
that the indicated criteria and limitations are satisfied,
and if specific conditions are imposed to carry out the in-
tent and purpose set out in Section 17 . 18 . 010 :
A. Automobile service stations;
B. Flower and produce stands and similar commercial/
agricultural uses ;
C. Commercial antenna;
D. Convenience stores. (Ord. 217 §2 , 1987; Ord. 166
§2 , 1983 ; Ord. 75-78 (part) , 1975) .
Chapter 17 . 20
COMMERCIAL NEIGHBORHOOD (CN) DISTRICT
Sections :
17 . 70 .010 Purpose.
17 .20 . 020 Uses permitted.
17 .20 . 030 Uses allowed by conditional use permit.
17 . 20 . 010 Purpose. This district permits a limited
number of retail, service, and administrative uses , whose
main purpose is to serve a greater portion of the community
and their needs . (Ord. 75-78 (part) , 1975) .
17 . 20 . 020 Uses permitted. Convenience goods and ser-
vice businesses as described in Section 17 . 18 .020 (CL dis-
trict) and a wider range of uses , including such uses as
clothing stores, specialty shops , sports and hobby shops ,
restaurants , conservatories , financial institutions , medical
and dental uses, veterinary clinics (not to include boarding
of animals) , and a limited number of administrative and pro-
fessional office uses , and any other similar uses clearly
related to the neighborhood level of service as approved by
the director. Such determination may be appealed to the
planning commission. (Ord. 75-78 (part) , 1975) .
I/ 17. 20 . 030 Uses allowed by conditional use permit . A.
Automobile service stations;
B. Car wash accompanying auto service station;
C. Outdoor sale, storage or display of merchandise
and/or provisions of services , only in conjunction with a
permanent use in a building, except for temporary outdoor
(Rancho Palos Verdes 256
7/87)
ORD. NO.237
I/
17.44 .060 Development standards . The following aevelvw-
ment standards shall apply to all parking areas with six or
more spaces :
A. Location.
1. Required parking facilities shall be on the same
I/
lot with the structure they are intended to serve , except that
with proper legal agreement, the planning commission may ap-
prove parking on a separate lot. For sleeping and/or boarding
facilities , including rest homes , dormitories , hotels and
motels , the required parking shall be within one hundred fifty
feet of the building it is to serve. For all other uses , the
required parking shall be within three hundred feet of the �A
286
ORD. NO.237
17 .44 . 060
building it is to serve. The above distances are to be mea-
sured along a legal and safe pedestrian path from the park-
ing space to the nearest entrance of the building or use for
which the parking is required.
2. The required parking spaces may be located in
interior side and rear setbacks. No parking space , either
required or otherwise, shall be located in any required
front or street-side setback area, unless allowed in the
zoning district applicable.
B. Access. There shall be a minimum ten-foot wide ,
three-inch thick asphaltic or cement concrete paved vehic-
ular accessway from a public street or alley to off-street
parking facilities .
C. Screening.
1. Where a parking area abuts or is across the
street from a residential district, it shall be separated
therefrom by a solid masonry wall not less than five feet in
height, provided said wall shall be forty-two inches in
height where it is in prolongation of the front setback area
of an abutting residential use or district. The planning
commission may waive this wall requirement if additional
setback and screening planting, or landscaped berets are to
be provided.
2. Where a parking area is across the street from a
residential district, there shall be a border of appropriate
landscaping not less than ten feet in depth, measured from
the street right-of-way line , along the street frontage.
D. Layout and Paving.
1 . Parking spaces shall be laid out according to
city specifications published by the director and shall pro-
vide for a twenty-five-foot outside turning radius within
the facility and a thirty-foot outside turning radius into
public alleys.
2. Except in residential parking facilities with
less than six spaces , parking spaces shall be arranged so
that vehicles need not back onto or across any public side-
walk.
3 . All parking areas shall be surfaced with three-
inch minimum thickness asphaltic or cement concrete paving.
Parking stalls shall be nine feet by twenty feet minimum,
marked with lines , and the access lanes shall be clearly
defined, including directional arrows to guide internal move-
ment.
4 . A six-inch _high cement concrete curb shall be
I/ constructed at the edge of all landscaped areas .
5. Compact parking not to exceed twenty percent of
the total number of approved spaces , is permitted. Compact
stalls shall be a minimum of eight feet by fifteen feet six
inches and marked for compact use only, unless a different
size stall is authorized or required.
E. Landscaping.
1 . A five-foot minimum width landscaped planter bed
287 (Rancho Palos Verdes
3/ 86 )
ORD. N0.237
17 .44 . 060
2 . The parking area shall be planted in turf of a
wear-resistant type;
3 . Provision is made for irrigation and maintenance
of the turf;
4 . The commission may place conditions on the ap-
proval of such a parking area. (Ord. 194 S11 , 1985 ; Ord.
75-78 (part) , 1975) .
I/
I/
288-1 (Rancho Palos Verdes
(The next page is blank) 3/86 )
ORD. NO.237
17.52. 020 j
2. A statement showing the sizes and dimension of all
signs existing on the premises at the time of making such
application;
3. A fee , as established by resolution of the city
council;
4 . Such other information as the director may require
r J
to show full compliance with this chapter and all other ordi-
nances of the city.
C. Review of Sign Applications . All signs which meet
the limitations of this chapter shall be reviewed by the
director (except those listed in Section 17. 52 . 040) . The
director may approve, approve with modification, or deny any
application subject to the criteria of this section. Any
staff decision may be appealed to the planning commission.
Sign applications which do not meet the limitations of this
chapter may be submitted to the planning commission. Any
decision by the planning commission may be appealed to the
city council. Any appeal must be filed in writing, toce the r
with a fee as established by resolution of the city council ,
within fifteen days after the decision is made. The director
and/or commission shall apply all the following criteria as
the basis for action:
1. The sign is necessary for the applicant' s enjoy-
ment of substantial trade and property rights , and the sign
does not constitute needless repetition, redundancy, or pro-
liferation of signing;
2. The sign is consistent with the intents and pur-
poses of this chapter, as set forth in Section 17 . 52 .010 ;
3. The sign does not constitute a detriment to public
health, safety and welfare;
4 . Size , shape , color and placement of the sign shall
be considered in order to determine if the sign is compatible
with and bears a harmonious relationship to the building and/
site which it identifies ;
5 . Both the location of the proposed sign and the
design of its visual elements : lettering, colors , decorative
motifs , spacing, and proportions shall be considered in order
to determine that the sign is legible under normal viewing
conditions prevailing where the sign is to be installed;
6 . The location and design of the proposed sign
shall be considered in order to determine that the sign will
not obscure from view or unduly detract from existing adjacent
I/ signs ;
7. The location and design of the proposed sign , its
size, shape and color shall be considered in light of the
visual characteristics of the surrounding- area in order to
determine that the sign will not detract from or cause depre-
ciation of the value of adjacent develcped properties :
8. The location and design of a proposed sign in
commercial districts in close proximity to any residential
district shall be considered in order to determine that the
(Rancho Palos Verdes 302
1/85) .
ORD. NO.237
17 .52 . 030--17 . 52 . 040
sign shall not have any adverse effect on the value and
character of the adjacent residential district. (Ord. 90 §5
(part) , 1977; Ord. 75-'78 (part) , 1975) .
17 . 52 .030 General regulations . A. Signs Affecting
Traffic Safety. Signs or devices which, by color, wording,
design or location resemble or conflict with any traffic-
control sign or device are prohibited.
B. Sign Illumination. The approval of any illuminated
sign shall not be final until thirty days after installation,
during which period the director of planning may order the
dimming of any illumination found to be excessively brilliant,
and no sign permit shall be valid until such order has been
carried out to an extent satisfactory to the director. Illu-
mination shall be considered excessive when it prevents normal
perception of objects or buildings beyond or in the vicinity
of the sign.
C. Flashing and Moving Signs . Blinkers , flashing,
unusual lighting or other means of animation or moving signs
are prohibited.
D. Location. All signs shall be erected upon the prem-
ises occupied by the person or business sought to be identi-
fied by such signs . No signs shall be erected in the public
right-of-way unless authorized by the director of planning,
pursuant to guidelines adopted by resolution of the city
council.
E. Sign Maintenance . All signs , together with all
supports , braces , guys , and anchors , shall be kept in good
repair, including replacement of defective parts , repainting,
cleaning, and otherwise in a presentable condition. Any sign
which is not being kept in good repair and presentable condi-
tion shall be abated pursuant to subsection C of Section
17 . 52 . 080 . (Ord. 115 §7 (6) , 1979 ; Ord. 75-78 (part) , 1975) .
17 . 52 .040 All districts . The following signs , if non-
illuminated, are allowed in all districts with no permit
required:
A. Religious, charitable, educational, cultural, or
political posters not exceeding four square feet in area,
temporary in nature;
B. Governmental or other legally required posters , no-
tices or signs ;
C. "For Rent, " "For Sale , " "Open House" or similar sign ,
provided that:
I/
1. One "For Sale, " or "For Rent" sign may be dis-
played per street frontage on the property to which it refers .
A rider which provides additional information about the prop-
erty, such as "Open House" may be attached to the primary sign
or sign post as long as the total sign area does not exceed
the maximum area allowed,
303
ORD. NO.237
17 .56 .010--17 .56 . 0
Sections: (Continued)
17.56 .040 Filing fee.
17 .56 .050 Public hearing.
17.56 .060 Findings and conditions .
17 .56 . 070 Appeal.
17 .56 .080 Time limit.
17 .56 . 090 Failure to comply.
17 .56 . 010 Purpose. The conditional use permit proce-
dure provides for uses that are:
A. Necessary or desirable for the development of the
community or region but cannot readily be classified as per-
mitted uses in individual districts by reason of uniqueness
of size, scope, or possible effect on public facilities or
surrounding uses ; or
B. Appropriate as accessories to the development of
neighborhoods or the community; or
C. Appropriate uses in the districts in which they are
listed as permitted subject to a conditional use permit, but
requiring specific consideration of the proposed use or de-
velopment. (Ord. 75-78 (part) , 1975) .
17 .56 .020 Conditional uses. The following uses may be
permitted in any district, subject to a conditional use per-
mit, when deemed to be necessary or desirable for the public
convenience or welfare and not contrary to the general plan
or its objectives or the coastal specific plan or its objec-
tives and requirements:
A. Cemeteries;
B. Churches;
C. Commercial antenna;
D. Development of natural resources , except in the
coastal specific plan district;
E. Educational uses , private , including nursery
schools and day nurseries;
...limo F. Golf courses and driving ranges ;
G. Governmental facilities;
H. Helistops;
I. Hospitals , sanitariums , nursing homes , rest homes ,
homes for the aged, homes for children and homes for mental
patients;
J. Public utility structures;
•.■■■ K. Recreational facilities; and
L. Such similar uses as the planning commission may
deem to be similar and no more intensive . If in the coastal
specific plan district, the Executive Director of the Cali-
fornia Coastal Commission must also determine that the uses
are similar and compatible with the local coastal program.
(Ord. 194 S14 , 1985 ; Ord. 166 S10 , 1983 ; Ord. 149 §11 , 1982 :
Ord. 117 S2, 1979; Ord. 75-78 (part) , 1975) .
(Rancho Palos Verdes 312
3/86)
ORD. NO.237
17 .25 . 010--17 . 25 . 020
D. Commercial antenna. (Ord. 166 §4 , 1983 ; Ord . 75-78
(part) , 1975) .
Chapter 17 . 25
CONVENIENCE STORES
Sections :
17. 25 . 010 Purpose.
17. 25 . 020 Applicability.
17. 25 . 030 Development standards .
17. 25 . 040 Operation guidelines .
17 . 25 . 050 Alcoholic beverage sales .
17. 25 . 060 Enforcement.
17 . 25 . 010 Purpose . This chapter provides a framework
for the development, operation, and regulation of conve-
nience stores in Rancho Palos Verdes . This framework en-
sures that convenience stores are developed and operated on
adequate sites , at proper and desirable locations with re-
spect to traffic patterns , adjacent land uses , and the goals
and objectives of the city' s general plan and any applicable
specific plans . This framework further ensures that citizen
concerns about safety, privacy, design , proliferation , and
the joint sale of alcoholic beverages and motor fuels are
considered in reviewing applications for convenience stores .
(Ord. 217 S5 (part) , 1987) .
17 . 25 . 020 Applicability . A. Conditional Use Permit
Required . Any new convenience store , and any existing con-
venience store that has been closed for business for more
than one hundred eighty consecutive calendar days shall not
be developed or opened for business unless a conditional use
permit is issued by the planning commission pursuant to the
requirements of this chapter and Chapter 17 . 56 . The devel-
opment standards and operation guidelines established in
this chapter shall be applied to all convenience stores ap-
proved by the planning commission with a conditional use
permit.
B. Nonconforming Uses .
1 . Any existing convenience store shall comply with
Section 17. 25 . 030 (A) (4) and Section 17 . 25 . 040 (A) -- (B) (un-
less modified by conditional use permit) within one year of
the adoption of the ordinance codified in this chapter . Any
intensification of use at any existing convenience store ,
including but not limited to , automated teller machines ,
video rentals , drive-up windows , increase in the number of
arcade games , or sit-down dining , requires approval of a
conditional use permit pursuant to this chapter .
259 (Ranchc Palos Verdes
1 /88 )
17 . 25 . 030
C. Findings . In order to approve a conditional use
permit for a convenience store , the planning commission
must, in addition to making the findings listed in Chapter
17 .56, make the findings listed below:
1 . That the proposed convenience store will not
contribute to the undesirable proliferation of such uses
based on consumer demand within the market area of the
store .
2 . That the proposed convenience store will be of a
design that respects the visual character of the site and is
an enhancement to the surrounding area .
3. That the operation of this use, and , in particu-
lar, any sale, offer of sale, display for sale or other pro-
vision of alcoholic beverages at this location , will not
adversely affect adjacent or nearby places of worship,
schools , parks , recreation centers , °playgrounds or resi-
dences .
4 . That where the proposed convenience store is
within three hundred feet of a residential or institutional
use or zone boundary, it will be limited in hours of opera-
tion , and/or designed and operated to avoid disruption of
residents ' sleep between the hours of eleven p .m. and six
a.m. (Ord. 217 §5 (part) , 1987) .
17. 25 . 030 Development standards . A. Residential and
Institutional Interface . The standards that follow relate
specifically to reducing the impact of this use on adjacent
residential and institutional zones :
1 . Setbacks . A minimum twenty-foot landscaped set-
back is required between the convenience store building (in-
cluding any accessory structures) and any adjoining residen-
tial or institutional property lines . The setback shall be
continuously maintained in an attractive manner and shall
not be used as a storage area for merchandise or discarded
materials, or for parking.
2. Spacing. The convenience store building must be
at least one hundred feet away from any residential or in-
stitutional building, not including residential or institu-
tional accessory buildings such as storage sheds or detached
garages.
3 . Public Entrances and Loading Areas . The site
design shall avoid including public entrances and loading
areas that face an adjoining residential or institutional
zone boundary.
4 . Deliveries. Deliveries are not permitted before
six a.m. or after nine p.m.
5 . Mechanical Equipment. Mechanical equipment must
be screened and/or covered so that it is not visible or au-
dible from adjacent residential or institutional zones . All
mechanical equipment shall be located as far as possible
from adjacent residential or institutional uses .
(Rancho Palos Verdes 260
1/88)
ORD. NO:237
17 .25 . 030
6 . Sensory. Noise and odors emanating from the
• building shall be minimized by the use of appropriate sound
insulation techniques and filters .
7. Trash Enclosures. Trash enclosures , of a design
approved by the director of environmental services , shall be
integrated into the site landscaping and design and shall
not be located in any setback adjacent to a street, residen-
tial use or zone, or institutional use or zone. At least
four fifty-five-gallon outdoor trash containers enclosed in
decorative stone receptacles adjacent to each pedestrian
entrance are also required.
8 . Screening. Six-foot high solid decorative ma-
sonry walls or equivalent dense landscaping may be required
along property lines if the planning commission determines
that the site should be screened from adjacent properties
and land uses.
9 . Height. Roof-mounted structures , equipment, and
antennas shall be limited to the lowest practical height
that minimizes view obstruction as determined by the plan-
ning commission.
10 . Utilities. All utilities shall be placed under-
ground from the building to the point of connection to pub-
lic utility poles or transmission lines .
11 . Lighting. All exterior lighting shall be ar-
i-angrd and shielded to prevent off-site illumination. Only
ground-oriented, shielded and/or diffused lighting shall be
allowed in any area directly facing a residential or insti-
tutional use or zone.
12 . Roofing. Roofing material shall be consistent
with the design of the building and shall be of a color ,
material, and style that enhances the appearance of the
building as viewed from adjacent residential and institu-
tional uses or zones .
13 . Intensification of Use. Any accessory activ-
ities or services that change or intensify the use of the
store , including, but not limited to automated teller ma-
chines , video rentals , drive-up windows and sit-down dining,
require prior review and approval by the director of en-
vironmental services . The director has the discretion to
refer the requested activity to the planning commission for
review except that:
a. Video and arcade games shall not be allowed.
b. Sale of prepared food items for immediate
consumption, such as sandwiches , ice cream, other fountain
items , hot coffee , and fresh doughnuts , shall only be al-
lowed if seventy-five square feet of fixed, interior , singu-
larly dedicated, seating area, designated solely for patron
use while consuming food products on-premises , is provided.
Food service area shall include any food preparation areas ,
self-help food service areas , beverage vending areas , seat-
ing areas , and reasonable queuing areas , as determined by
the director of environmental services .
260-1 (Rancho Palos Verdes
7;87)
ORD. NO.237
•
17 .25 . 040
14 . Signage. Signage shall conform to Chapter
17 .52.
15 . Maintenance. The site and store shall be main-
tained in a neat and orderly manner and operated as spec-
ified by conditional use permit.
II/ B. Design.
1 . Standardized architectural styles , forms , and
roof types , established through contractual agreements with
franchisors an used repetitively throughout Southern Cal-
ifornia, state-wide, and nationally, shall be avoided .
2 . Designs based on the unique character of the
site , including topography, climate , aspect, location, his-
tory, and prevailing architectural style are encouraged.
3 . Visually interesting designs incorporating var-
iations in horizontal and vertical planes , setbacks , bulk,
materials , and colors are encouraged.
4 . Landscaping and irrigation plans must be ap-
proved by the director of environmental services before a
certificate of occupancy is issued. Landscaping should be
coordinated with the building design and site layout to pro-
vide open space, accents , relief, screening, and buffering. '
C. Parking.
1 . One parking space per two hundred square feet of
net leasable retail area is required except that:
a. Parking for food service areas shall be one
parking space per fifty square feet of food service area
except that five parking spaces shall be initially provided
for any size food service area.
2 . Parking areas adjacent to a street must be
screened with a thirty-six-inch wall or landscaped berm ex-
cept within an intersection visibility triangle . (Ord. 217
S5 (part) , 1987) .
17 . 25 .040 Operation guidelines . The guidelines that
follow shall be considered by the planning commission and
may be incorporated into conditions of approval for any con-
ditional use permit for a convenience store . The planninc
commission may determine that some or all of these guide-
lines should not be applicable to a particular project pro-
vided that the planning commission makes written findings to
support its determination.
A. Security Program. Store management may be required
to prepare and agree to a security program that requires :
1 . Attendance by all management personnel at a
Sheriff ' s Crime Prevention Class to acquaint them with per-
sonal safety, security, and crime prevention techniques , and
other law enforcement concerns . Proof of attendance must be
provided annually prior to business license renewal .
2 . Staffing of the premises with at least two em-
ployees during all hours that the store is open to the pub-
lic.
(Rancho Palos Verdes 260-2
//87)
ORD. NO.237
17.2. )50--17 . 25 . 060
3. Adequate interior and exterior security light-
.
ing.
4 . The counter area to be readily visible from the
street at all times.
5 . A policy concerning the amount of cash available
at the register.
6 . A limited access money depository on the prem-
ises .
B. Hours of Operation. Limit hours of operation from
six a.m. to eleven p.m. daily for any convenience store lo-
cated within three hundred feet of a residential or insti-
tutional use or zone boundary. (Ord. 217 S5 (part) , 1987) .
17 . 25 . 050 Alcoholic beverage sales . A. Alcoholic
beverage sales are net permitted in conjunction with the
sale of motor fuel,at convenience stores or service station.
(Ord. 217 §5 (part) , 1987) .
17 .25 . 060 Enforcement. A. Complaint Procedure . In
the event that written complaints are received regarding the
operation of the store , the director of environmental ser-
vices shall investigate and may refer the complaints to the
planning commission. The planning commission will hold an
informal hearing to review the complaints and determine
whether a public hearing, pursuant to the procedural re-
quirements of Chapter 17 . 56 , should be held to review the
• conditional use permit for the store .
1 . Public Hearing. If a public hearing is held to
review the conditional use permit, the planning commission
may add, delete , or modify conditions of approval , or revoke
the conditional use permit provided that the permit holder
has been notified and allowed an opportunity to be heard
before the planning commission.
2 . Appeal. Any decision by the planning commission
to add, modify, delete , or revoke may be appealed to the
city council , pursuant to Section 17 . 56 . 070 , within fifteen
calendar days of the final planning commission decision.
(Ord. 217 §5 (part) , 1987) .
Chapter 17 . 26
AUTOMOBILE SERVICE STATIONS
Sections :
17 .26 .010 Purpose.
17 . 26 . 020 Applicability.
17 .26 .030 Development standards .
17 . 26 . 040 Operations .
17 .26 .050 Abandonment.
260-3 (Rancho Palos Verdes
7/87)
nR n iv() 927
E X H I B I T C
( City Council Resolution
ORD. N0.237
RESOLUTION NO . 87-62
A RESOLUTION OF THE Y COUNCIL OF THE
CITY OF RANCHO PALOS VERDES , CALIFORNIA ,
ESTABLISHING PROCEDURES AND REQUIREMENTS
FOR THE CONSIDERATION OF DEVELOPMENT
AGREEMENTS PURSUANT TO CALIFORNIA GOVERN-
MENT CODE SECTIONS 65864 THROUGH 65869 . 5
WHEREAS , California Government Code Sections 65864 through
65869 . 5 authorize the City to enter into development agreements to
increase certainty in the approval of development projects ,
provide assurance to applicants that development projects may
proceed as approved , and to provide for the financing of public
facilities .
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RESOLVES
AS FOLLOWS :
Section 1 : Pursuant to Government Code Section 65865 the
City Council hereby authorizes and approves the use of development
agreements between the City of Rancho Palos Verdes and property
owners or other persons having a legal or equitable interest in
property in the City of Rancho Palos Verdes in compliance with the
terms and conditions set forth in this resolution .
Section 2 : In approving any development agreement the City
Y
shall comply with all of the regulations , rules and procedures set
forth in California Government Code Sections 65864 through 65869 . 5
as now in effect or hereafter modified or amended by the
Legislature . All development agreements must meet the
requirements of State Law.
Section 3 : The decision to negotiate and/or enter into a
development agreement shall be discretionary on the P art of the
City, and no property owner shall have a right or be able to
require the City to enter into a development agreement for any
parcel or parcels .
Section 4 : The Director of Environmental Services shall
review at least every twelve ( 12 ) months each development
agreement entered into by the City . At such periodic review the
I/
applicant or successor in interest thereto shall be required to
demonstrate good faith compliance with the terms of the agreement .
If, as a result of said periodic review, the Director finds and
determines on the basis of substantial evidence that the applicant
or successor in interest thereto has not complied in good faith
with the terms and conditions of the agreement the Director shall
refer the agreement to the City Council for review. If the City
Council concurs with the Director ' s determination , the City
Council may terminate or modify the agreement .
Section 5 : Any development agreement entered into by the
• ORD. NO.237
City shall state the number of years for which it shall remain in
full force and effect , and in no event shall it be effective for a
term in excess of five ( 5 ) years unless renewed pursuant to these
procedures .
PASSED , APPROVED AND ADOPTED this 17th day of November , 1987 .
/s/ MELVIN W. HUGHES
MAYOR
ATTEST:
/S/ JO PURCELL
CITY CLERK
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I , JO PURCELL , City Clerk of the City Council of the City of
Rancho Palos Verdes , hereby certify that the above Resolution No .
87: —62 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on the 17th _day of
November , 1987 .
CITY CLERK, CITY OF
RANCHO PALOS VERDES
ORD. NO.237
Resolution No .87-62
E X H I B I T D
City Council Resolution >
ORD. N0.237
RESOLUTION NO. 88 - 37
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 198 FOR A PARKING REDUCTION
FOR THE EXISTING NONCONFORMING COMMERCIAL
USE AT 28041 HAWTHORNE BOULEVARD.
WHEREAS, Mr. Paul Lupo has requested a variance from the requirements of the Development he
evelopment Code to reduce the
amount of required parking spaces from 48 to 44 at an
existing commercial project at 28041 Hawthorne Boulevard;
and,
WHEREAS, after notice issued pursuant to the rovisions
of the Rancho Palos Verdes Development P
elopment Code, a public hearing
was held before the Planning Commission on April 26 1988
P � at
which time all interested parties were given an opportunity
to be heard and present evidence; and,
WHEREAS, the Planning Commission denied the request for
the variance for the parking reduction q
P 9 uction and such denial was
appealed to the City Council by Mr. Lupo.
WHEREAS, after notice issued pursuant to the rovisions
of the Rancho Palos Verdes Development P
opment Code, a public hearing
to consider the appeal filed by Mr. Lupo was held before the
City Council on June 21, 1988, at which time all interested
parties were given an opportunity to be heard and present
evidence;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
Section 1 : That there are exceptional or extraordinary applicable to the property y
p p y which do not apply
generally to other property in the same zoning district,
since, although the current zoning and land use designations
are for residential use, the g
site was legally developed under
the commercial development standards of the County of Los
Angeles; therefore, site development y
elopment is not in conformance
with either the residential or the commercial development
standards of the City.
Section 2: That the variance is necessary for the
preservation and enjoyment of a substantial property right of
the landowner, since strict compliance y g
pliance with current city
parking standards for the project site would preclude the use
of 1000 net leasable square feet of the existing building.
g
Section 3 : That the granting of the variance will not be
materially detrimental to the public health, safety, and
,
ORD. NO.237
EXHIBIT A
Conditions of Approval for Variance No. 198:
1. This variance shall not be effective unless general plan
amendment no. 16 and zone change no. 15, re-designating the
project site for commercial use, are approved by the City
Council. If the City Council has not acted on the general
plan amendment and zone change by December 21, 1988, then
this variance shall be null and void.
2. The parking lot on the project site shall be re-configured
within 60 days of the approval of this variance to provide at
least 44 parking spaces of a design that is consistent with
the parking space dimension standards contained in Specific
Plan III . The lay-out of the parking lot shall substantially
conform to the lay-out attached to the June 21, 1988 report
to the City Council . Two parking spaces reserved for the
handicapped shall be provided.
3 . A landscape plan for the perimeter planting areas shall
be submitted to the Director of Environmental Services for
review and approval within 60 days of variance approval.
Such landscape plan shall be fully implemented within 60 days
of the Director' s approval. All landscaping shall be
maintained in a healthy, attractive manner through proper
watering and maintenance .
ORD. NO.237
Resolution No . 88- 37
• ORDINANCE/RESOLUTION NO.2 3 7 FILE/I 701
SUBJECT: APPROVING DEVELOP kA ► ► •
INTRODUCED: 8/16/88 ADOPTED: 9/20/88 POSTED/PUBLISHED
ORDINANCE DISTRIBUTION: RESOLUTION DISTRIBUTION:
City Attorney ___ PUBLIC WORKS DEPARTMENT
Richards, Watson, Dreyfuss & Gershon /�d�
333 South Hope St. , 38th Floor ENVIRONMENTAL SERVICES
Los Angeles, CA 90071•
LEISURE SERVICES
/BOOK PUBLISHING COMPANY a4
201 Westlake Avenue N. COMMUNITY SERVICES DEPT.
Seattle, WA 98109
_CITY MANAGER
PACIFIC TELEPHONE
19310 Gateway Drive, Rm 208 _STATION COMMANDER
Torrance, CA 90502 26123 Narbonne Ave.
Lomita, CA 90717
....SOUTHERN CALIF. WATER SERVICE
5837 CREST RD. WEST COUNTY ASSESSOR
RANCHO PALOS VERDES, CA 90274 500 Hall of Administration
Los Angeles, CA 90012
REGISTAR --
5557 'Ferguson Drive _ LEAGUE OF CALIFORNIA CITIES
Los Angeles, CA 90022 702 Hilton Center
ATTN: Margaret Miller Los Angeles, CA 90017
Election Administration
.- L.A. COUNTY DEPT. of PUBLIC WORKS /Public
RECORDER ATTN: City Services Roads
227 N. Broadway 1540 Alcaiar Street
Los Angeles, CA 90012 Los Angeles, CA 90033
_SCHOOL ___SPCA
5026 West Jefferson Blvd.
HOMEOWNERS ASSOCIATION Los Angeles, CA 90016
APPLICANT S0. CALIFORNIA GAS COMPANY
22741 Hawthorne Blvd.
T.M. CABLEVISION Torrance, CA 90501
31244 P.V. Drive West, Suite 207
Rancho Palos Verdes, CA 90274 SO. CALIFORNIA EDISON CO.
P. 0. Box 2944
SEND ALL ORDINANCES TO: 7/2 ,' 7 Torrance, CA 90509
Institute of Governmental Studies
Library / POSTED AT THE FOLLOWING: 4gg
109 Moses Hall ✓1 . Hesse Park
University of California /2. Ladera Linda Park
Berkeley, CA 94720 /3. R.P.V. Park
/4. City Hall
/5. LA County Fire Station
4000 Miraleste Station
I 6.U.S. Post Office, 28649 S. Western
Ave. , RPV