CC RES 2000-022 RESOLUTION NO. 2000-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES UPHOLDING THE APPEAL, THEREBY REVERSING
THE PLANNING COMMISSION'S DECISION, AND DENYING
CONDITIONAL USE PERMIT NO. 182 REVISION "B" AND SIGN
PERMIT NO. 720 REVISION "A" TO: 1) CONSTRUCT A NEW 665
SQUARE FOOT HAND CAR WAS HNAC U U M AREA, A 450 SQUARE
FOOT COVERED PATIO FOR THE HAND CAR WASH AREA, AND A
600 SQUARE FOOT TRELLIS FOR THE SEATING AREA; 2) ERECT A
180 SQUARE FOOT DETAIL CANOPY; AND 3) INSTALL A NEW 9
SQUARE FOOT CAR WASH SIGN, AT AN EXISTING FACILITY AT
28103 HAWTHORNE BOULEVARD.
WHEREAS, the business located at the site, which initially was developed as a
gasoline service station, subsequently was expanded pursuant to a conditional use
permit that was granted by the City Council in 1995, to add a convenience store; and
WHEREAS, on September 24, 1999, the applicant, Mr. William Myers submitted
applications for Conditional Use Permit No. 182 Revision "B", and Sign Permit No. 720
Revision "A" to: 1) permit the construction of a new 665 square foot hand car
wash/vacuum area, a 450 square foot covered patio for the hand car wash area, and a
600 square foot trellis for the seating area that will abut the northern side of the building;
2) erect a 180 square foot detail canopy; and 3) install a new nine square foot car wash
sign that will be attached to the existing monument sign on the subject property located
at 28103 Hawthorne Boulevard ("the Project"); and
WHEREAS, on December 7,1999, the applications were deemed complete; and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et.seq. ("CEQA"), the State CEQA
Guidelines, California Code of Regulations, Title 14, Sections 15000 et.seq., the City's
Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste
and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study
and a Mitigated Negative Declaration in connection with the Project; and
WHEREAS, after notices issued pursuant to the requirements of the City's
Development Code and State CEQA Guidelines, the Planning Commission of the City
of Rancho Palos Verdes held a public hearing on January 25, 2000, at which all
interested parties were given an opportunity to be heard and present evidence; and
WHEREAS, the Planning Commission adopted Resolution No. 2000-03 on
February 8, 2000, thereby approving a Mitigated Negative Declaration and a Mitigation
Monitoring Program, and Resolution No. 2000-04, approving Conditional Use Permit
No. 182 Revision "B" and Sign Permit No. 720 Revision "A", subject to certain
conditions; and
WHEREAS, on February 21, 2000, within fifteen days following the Planning
Commission's decision, the appellant, Mr. Peterson, filed a timely appeal to the City
Council, requesting that the City Council overturn the Planning Commission's approval
of Environmental Assessment No. 716, Conditional Use Permit No. 182 Revision "B",
and Sign Permit No. 720 Revision "A"; and
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on April
4, 2000, and April 18, 2000, 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: The subject site is not adequate in size and shape to accommodate
the proposed use, since the proposed hand car wash and detailing canopy will be
located behind the existing building at the rear of the property, which is the portion of
the site that is the closest to the adjacent residential properties. Locating the car wash
on this portion of the site will cause the greatest impacts on the adjacent single-family
residences, particularly with respect to noise emanating from the car wash and the
exhaust from vehicles. Noise sources that were identified by speakers and in written
materials submitted to the City Council include drying equipment, buffing machines,
vacuums, car doors being closed, the honking of automobile horns and the voices of
employees and patrons. The applicant did not demonstrate that the noise from the car
wash could be sufficiently attenuated to prevent adverse impacts upon the adjacent
residential neighborhood. Even if a tall concrete block wall were constructed to deflect
the noise away from the residences, it is not certain that the wall would reduce the noise
from the carwash to a level that would not adversely impact the adjacent residential
properties so that the residents would be able to continue the quiet enjoyment of their
homes. Moreover, the wall would be visible from the residential properties, which also
would adversely impact the residential character of that neighborhood. Thus, the site is
not adequate in size and shape to accommodate the proposed additional use in a
manner that would allow the carwash to be compatible and integrated with the adjacent
residential neighborhood.
Section 2: Because of the limited area where the hand car wash will be
located, the site is not adequate in size to accommodate the circulation and queues of
vehicles waiting for the car wash. This situation could result in adverse impacts on the
adjacent street, Granvia Altamira, especially during peak periods of use of the car wash.
The City Council found that it was unlikely that a sufficient number of employees would
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be carpooling to and from work to eliminate the parking shortage that is likely to result
from the combination of employee parking, the storage of vehicles that are to be
serviced or repaired at the existing service station and the additional parking that would
be needed to accommodate the car wash use. Accordingly, the City Council concluded
that the thirty parking spaces proposed by the applicant for the entire site is not
sufficient for the existing uses and the proposed carwash. Because the proposed car
wash use could create a significant adverse impact upon off-site traffic circulation on the
adjacent public streets and the intersection of Hawthorne Boulevard and Granvia
Altamira, the City Council determined, for this additional reason, that the site is not
adequate in size to accommodate the existing service station use and the proposed car
wash.
Section 3: The proposed use will have a significant adverse effect on the
adjacent residential properties, since the carwash and all of the equipment and
personnel used in connection with the carwash will be located at the rear of the
property, which is the area of the site that is the closest to the adjacent residential
neighborhood. The equipment that would be used in connection with the carwash
includes two vacuums, a washer and dryer, a buffer and a dryer for the vehicles.
Additional noise will be generated by patrons, by employees of the carwash, and by the
closing of car doors.
When the City Council approved the expansion of the business to include a new
convenience store in 1995, noise impacts from the business upon the adjacent
residences was a significant concern that was addressed by the imposition of certain
conditions of approval. Subsequently, in 1997, the Planning Commission reviewed the
convenience store and revised the conditions of approval that had been imposed on
that project. The Planning Commission added new sound attenuation requirements on
the refrigeration equipment that was being used in connection with the convenience
store so as to reduce the noise emanating from that equipment and the impacts of that
noise on the adjacent residences during the evening hours.
Given that the site already is developed with an existing business that has the
potential to adversely impact the adjacent residential uses, the City Council found that
the expansion and intensification of the existing business by the addition of a carwash is
not warranted, due to the additional adverse impacts upon the residences of noise and
exhaust fumes which will emanate from the carwash.
Section 4: Based upon the discussion set forth in Sections 1 through 3 above,
the proposed project also is contrary to the General Plan, which contains the following
goals and policies:
"It is the goal of the City of Rancho Palos Verdes to preserve and
enhance the community's quality living environment; to enhance
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the visual character and physical quality of existing neighborhoods;
and to encourage the development of housing in a manner which
adequately serves the needs of all present and future residents of
the community." [Rancho Palos Verdes General Plan, Urban
Environment Element, Activity Area Goals (p. 56)]
"The City shall discourage industrial and major commercial
activities due to the terrain and environmental characteristics of the
City. Commercial development shall be carefully and strictly
controlled, and limited to consideration of convenience or
neighborhood service facilities." [Rancho Palos Verdes General
Plan, Urban Environment Element, Activity Area Goals (p. 56)]
Section 5: Based upon the foregoing findings set forth in Sections 1 through 4
above, each of which alone is sufficient to support the City Council's decision, and the
information included in the Staff Report, the Minutes and the other evidence and
testimony that was presented to the City Council, all of which is a part of the record of
this proceeding, the City Council of the City of Rancho Palos Verdes hereby upholds the
appeal, thereby reversing the Planning Commission's decision, and denying Conditional
Use Permit No. 182 Revision "B" and Sign Permit No. 720 Revision "A" to: 1) allow the
construction of a new 665 square foot hand car wash/vacuum area, a 450 square foot
covered patio for the hand car wash area, and a 600 square foot trellis for the seating
area that will abut the northern side of the building; 2) erect a 180 square foot detail
canopy; and 3) install a new 9 square foot car wash sign that will be attached to the
existing monument sign, for the property at 28103 Hawthorne Boulevard.
Section 6: The time within which judicial review of the decision reflected in this
Resolution must be sought, if available, is governed by Section 1094.6 of the California
Code of Civil Procedure, and any other applicable short period of limitations.
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PASSED, APPROVED, AND ADOPTED this 2nd day of May, 2000.
Mayor
ATTEST:
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, hereby certify that the
above Resolution No. 2000- 22 was duly and regularly passed and adopted by said City
Council at a regular meeting thereof on May 2, 2000.
0,
City Clerk
Resolution No. 2000-22
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