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CC RES 1998-100 RESOLUTION NO. 98-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPEAL AND THEREBY MODIFYING THE PLANNING COMMISSION'S APPROVAL OF SITE PLAN REVIEW NO. 8311, GRADING PERMIT NO. 2048 AND SIGN PERMIT NO. 961 FOR A NEW 3,536 SQUARE FOOT CANOPY WITH A MAXIMUM HEIGHT OF TWENTY-THREE (23'0") FEET, 950 CUBIC YARDS OF GRADING FOR INSTALLATION OF TWO NEW UNDERGROUND STORAGE TANKS, AND THE INSTALLATION OF THREE PERMANENT SIGNS ON THE CANOPY FACIA, AT 27774 HAWTHORNE BOULEVARD (HIGHRIDGE CAR WASH). WHEREAS, on July 16, 1998, the applicant, Mr. & Mrs. Shiraz Govani submitted applications for Site Plan Review No. 8311, Grading Permit No.2048 and Sign Permit No. 961 to construct a new 23'0" high canopy on the subject lot, grade a total of 950 cubic yards for the replacement of three underground storage tanks with two new tanks, and the installation of permanent signs on the canopy facia, at 27774 Hawthorne Boulevard; and WHEREAS, on August 10, 1998 the application package was deemed complete; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et.seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et.seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(F) (Hazardous Waste and Substances Statement), Staff found no evidence that the proposed project would have a significant effect on the environment as the site is not listed on the California Environmental Protection Agency's List of Hazardous Waste and Substances Sites and there is no evidence that there is contamination on the site and, therefore the proposed project has been found to be categorically exempt (Class 1, Section 15302 (b)); and WHEREAS, on September 22, 1998, the Planning Commission reviewed and conditionally approved the application for Site Plan Review No. 8311, based upon the necessary findings of fact, to wit: 1) the proposed canopy may be erected above the twelve foot height limit for accessory structures pursuant to the requirements of the Building Code because there are no building code regulations that preclude this; 2) the proposed canopy will not significantly impair a protected view from the adjacent properties; 3) the proposed project complies with the applicable two findings for granting a Site Plan Review as established under Development Code Section 17.48.050.A.2.; and, WHEREAS, on September 22, 1998, the Planning Commission reviewed and conditionally approved the application for Grading Permit No. 2048, based upon the necessary finding of fact, to wit that the proposed grading of 950 cubic yards meets all nine criteria set forth in RPVDC Section 17.76.040; WHEREAS, on September 22, 1998, the Planning Commission reviewed and conditionally approved the application for Sign Permit No. 961, based upon the necessary finding of fact, to wit that the proposed permanent illuminated signs meet all seven criteria set forth in RPVDC Section 17.76.050.3.; and WHEREAS, on September 22, 1998, the Planning Commission conducted a duly noticed public hearing to consider the applicant's request, and adopted P.C. Resolution No. 98-32, approving Site Plan Review No. 8311, Grading Permit No. 2048 and Sign Permit No. 961, subject to conditions, with additional approval of the site plan by the Director as directed by the Planning Commission. WHEREAS, on October 7, 1998, within fifteen days following the Planning Commission's decision, the appellant, Councilman John McTaggart, filed a timely appeal to the City Council, requesting that the City Council overturn the Planning Commission's approval of Site Plan Review No. 8311, Grading Permit No. 2048 and Sign Permit No. 961. WHEREAS, on October 26, 1998, the proposed project was forwarded to the City's Traffic Committee to address traffic circulation concerns expressed in the appellant's letter, at which time the City's Traffic Committee reviewed the project and made recommendations for minimizing the proposed project's traffic circulation impacts. WHEREAS, after notices issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on November 17, 1998, 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 the proposed canopy may be erected above the twelve foot height limit for accessory structures pursuant to the requirements of the Building Code because there are no building code regulations that preclude the proposed height. The canopy will be reviewed, inspected, and approved by the Building and Safety Division and shall conform to the Uniform Building Code. Section 2: That the proposed canopy will not significantly impair a protected view from the adjacent properties due to the orientation of the structures on the lot, and that the top of the canopy is located below the pad level of the upslope properties at the Hilltop and Ridgegate Condominiums. Section 3: the proposed grading for the tank replacement will not exceed what is necessary for the permitted primary use of the lot. The 950 cubic yards of grading is reasonable and necessary to replace the three existing underground storage tanks with two new 15,000 gallon fiberglass underground storage tanks. Resolution No.98-100 Page 2 of 5 Section 4:, That the proposed grading for the tank replacement would not adversely affect the visual relationships or views from the surrounding properties since the tanks will not be visible and will be located below grade. Section 5: That the proposed grading for the tank replacement will not cause any disturbance to the natural contours since the grading will occur on the previously graded pad area of the lot and the site will be returned to its present condition. Section 6: That the proposed grading will not affect the natural topographic features since the proposed grading will occur on the previously graded pad area of the lot and, no grading is proposed that will affect the existing natural topographic features of the site. Section 7: That the proposed project is not a new residential tract, therefore the findings related to residential tracts are not applicable to the proposed project. Section 8: That the proposed grading for the tank replacement will not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through the removal of vegetation since there is no natural landscape or wildlife habitat present on the subject property and all of the grading will occur on the developed portion of the property. Section 9: That since the proposed depth of cut of 18'4" necessary for the tank replacement does not meet the standards within Subsection E.8.e of Municipal Code Section 17.46.040, because the depth of cut exceeds five (5'0"), the following additional findings of Subsection E.9.a-e. can be made: 1) The proposed grading meets all the criteria in Section 17.76.050 E.1 through E.7 as discussed in sections 4 through 9 above; 2) the proposed grading is consistent with the purpose and intent of the Development Code since the grading activity is reasonable in size and scope for the proposed underground storage tank removal and replacement; 3) the approval of the grading does not constitute a granting of special privilege since the grading is necessary for the installation of the two underground storage tanks that are designed to protect leakage which are a necessity to transfer fuel to the gas pumps and are an integral part of the applicant's overall operation; 4) the proposed grading will not be detrimental to the public safety nor to other property since the underground tank replacement will be reviewed and approved by the Fire Department and the City's Building and Safety Division. Section 10: That the proposed illuminated signs are necessary for the applicant's enjoyment of a substantial trade and property right since the signs are a trademark of the Chevron gasoline company. The signs will serve as the applicant's primary means of identification, and do not constitute a needless repetition, redundancy, or proliferation of signage. Resolution No.98-100 Page 3 of 5 Section 11:, That the proposed illuminated signs are consistent with the intent and purpose of the City's sign codes since the signs serve primarily to identify the gasoline company, the sign lettering, colors, spacing, and proportions are reasonable and do not detract from the value and character of the neighborhood, and are designed not to create glare on adjacent properties. Section 12:, That the proposed illuminated signs do not constitute a detriment to the public health, safety and welfare since the proposed signs will require approval of all applicable building permits and will be inspected for compliance. Section 13: That the project site plan, specifically the layout of the proposed canopy and entrance/exit driveways, has been modified by the applicant to address the Traffic Committee's concerns with on-site traffic circulation. Section 14: That the replacement, relocation and expansion of the gas pump canopy and extended hours of operation do not constitute a change in use nor amount to a major expansion of the existing use thereby not requiring the approval of Conditional Use Permit. Section 15: 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. Section 16: For the foregoing reasons based on the information and findings included in the Staff Report, Minutes and other record of proceeding, and P.C. Resolution No. 98-32, which are attached hereto by reference, the City Council of the City of Rancho Palos Verdes hereby approves the appeal, thereby modifying the Planning Commission's decision of approving Site Plan Review No. 8311, Grading Permit No. 2048 and Sign Permit No. 961, for demolition of the existing 1,400 square foot pump island canopy and construction of a new 3,536 square foot canopy with a proposed height of twenty-three (23'0")feet, grading of a 950 cubic yards of grading for the two new underground storage tanks and removal of three existing tanks, installation of three permanent signs on the canopy facia, and an extension of the hours of operation for the sale of gasoline, for the property located at 27774 Hawthorne Boulevard, subject to conditions contained in Exhibit "A", attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. Resolution No. 98-100 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 17th day of November 1998. fil / I ' 0‘,._.4..,4, A -A - ,JAAu-t) il -yor ATTEST: E f� ` q ee�(/ JJ --, Cif State of California County of Los Angeles City of Rancho Palos Verdes I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 98-100 was duly and regularly passed and adopted by the said City Council at regular meeting thereof on November 17, 1998. , V dam'' t .._e_ CC .. City Cleft, City of " =ncho Palos Verdes Resolution No. 98-100 Page 5 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL SITE PLAN REVIEW NO. 8311, GRADING PERMIT NO. 2048 AND SIGN PERMIT NO. 961 GENERAL 1. Prior to the submittal of plans into Building and Safety Division "plan check". the applicant shall submit a statement to the City, in writing, that they have read, understand and agree to all the conditions of approval contained in this resolution. Failure to provide said written statement within ninety (90) days of approval shall render this approval null and void. 2. The approval shall become null and void after 180 says from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17.86.070 of the City's Development Code. This approval shall become null and void if after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant. 3. The Director of Planning, Building and Code Enforcement is authorized to make 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. 4. The abandonment or non-use of this approval after a period of six months shall terminate the approval and any privileges granted hereunder shall become null and void. 5. The Site Plan Review and Sign Permit shall be reviewed by the Planning Commission six (6) months from the issuance of the final building permit for the new construction, to review the applicant's compliance with the conditions of approval. At that time, the Planning Commission may add, delete, or modify the conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500' raidus, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. At that time, the Planning Commission may add, delete, or modify the conditions of approval as deemed necessary and appropriate. 6. As part of the six (6) month review, the Planning Commission shall consider the hours of operation for the sale of gasoline, and if necessary impose more restrictive standards, to ensure that any impacts resulting from the hours of operation are eliminated or reduced. Site Plan Review No. 8311, Grading Permit No. 2048 Sign Permit No. 961 November 17, 1998 Page 2 7. During construction, the site 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 fixtures. 8. In the event that a Planning condition is in conflict with a Building and Safety requirement, the stricter standard shall apply. 9. The project shall be constructed and developed in substantial conformance with the stamp approved plans, dated November 11, 1998. 10. The use of any amplified system shall be prohibited at anytime on the subject site. CAR WASH FACILITY 11. Within thirty (30) days of the approval of the application, the applicant must replace all non-automotive items that are being sold within the cashier area of the car wash building with vending machines or submit a Conditional Use Permit application to allow the items to be sold outside of vending machines. 12. Full service gasoline sales for car wash customers shall continue to be provided. The applicant shall maintain an attendant at the new canopy location during the hours of operation for the car wash to provide this service and to ensure that car wash customers do not impede the traffic flow at the gasoline pumps. Discontinuation of full service gasoline operations so that only self service gasoline operation remain shall require the approval of a Conditional Use Permit. CANOPY PUMP ISLAND AND VACUUM LINE 13. The existing gas pump dispenser, the two concrete islands, and the 1,400 square foot canopy shall be demolished and removed during the time of construction of the proposed canopy. 14. The proposed canopy shall not exceed 3,536 square feet in area and shall contain no more than two concrete islands and six gas pump dispensers (3 on each island). The canopy shall be located a minimum of 40'0" from the Hawthorne Boulevard property line and 25'0" from the Highridge Road property line. Site Plan Review No. 8311, Grading Permit No. 2048 Sign Permit No. 961 November 17, 1998 Page 3 15. The proposed canopy shall not exceed twenty-three (23'0") feet in height, as measured from grade elevation of 93.6' to the top of the new canopy ridge (elevation of 116.6'). 16. The proposed canopy shall be constructed in accordance with the approved site plan dated November 11, 1998 in such a manner so that the pump islands are situated at an angle of approximately forty-five degrees from the Hawthorne Boulevard curbline. 17. The vacuum line shall be relocated at an angle that will be parallel to the front facade of the car wash building. 18. Decorative roof tiles shall be provided and maintained on the canopy and the roof material shall be compatible with the roof tiles of the existing car wash structure (proposed: reddish-brown brick tile), as shown on the stamped approved plans, dated November 11, 1998. 19. The minimum property line setbacks for the canopy and pump islands shall conform to the approved plans, but in no case shall be less than: Canopy: 34'7" - Hawthorne Boulevard; 18'0" - Highridge Drive Pump Islands: 40'0" - Hawthorne Boulevard; 25'0" - Highridge Drive UNDERGROUND STORAGE TANKS 20. The proposed grading shall not exceed 950 cubic yards (590 cubic yards of cut and 360 cubic yards of fill) for the installation and removal of the underground storage tanks. The proposed depth of cut shall not exceed 18'4". 21. A dump deposit receipt shall be submitted to the Building and Safety Division for the exported earth materials prior to final inspection of the underground storage tanks. 22. The removal and installation of the underground storage tanks shall be reviewed and approved by the Los Angeles Fire Department and the City's Building and Safety Division. Site Plan Review No. 8311, Grading Permit No. 2048 Sign Permit No. 961 November 17, 1998 Page 4 23. The applicant shall be required to obtain the following permits and/or approvals: a) Approval from the Waste Management Division of the Los Angeles County Department of Public Works for dispensing fuel and management of fuel waste products. b) Approval from the Petroleum Chemical Unit of the Los Angles County Fire Department for the installation of the new tanks. c) Approval from the South Coast Air Quality Management District for the placement of the tanks and any soil contaminations. d) Any additional permits and/or requirements imposed by other agencies or City departments. SIGNS 24. The proposed illuminated channel letter signs shall be displayed only on the north and south facia of the canopy and the Chevron logo sign shall be displayed only on the east facia of the canopy, all below the top of the roof. Only three (3) signs on the canopy facia are permitted with this approval. Other than the canopy signs, logos on the gasoline dispensers, and necessary directional signs no other permanent signs on the site are permitted with this approval, including without limitation, signs or logos on the spanners above the gas pumps. 25. All illuminated canopy signs shall be turned off at the close of business. CIRCULATION, 26. The new driveway on Highridge Road shall be located sixty (60'0") feet south of the intersection, as measured from the point where the curblines meet to the new driveway apron, and shall be thirty-eight (38'0) feet in width. The applicant shall obtain all necessary permits from the Public Works Department for the driveway cut prior to obtaining final building permits from the Building and Safety Division. 27. The existing western-most driveway on Hawthorne Boulevard shall be located sixty- eight (68'0") feet east of the intersection, as measured from the point where the curblines meet to the new driveway apron. The driveway shall be thirty-eight (38'0"0) feet in width and shall be limited to entrance only. The entrance only restriction of the driveway shall be clearly marked with signage approved by the Director. The applicant shall obtain all permits from the Building and Safety Division. Site Plan Review No. 8311, Grading Permit No. 2048 Sign Permit No. 961 November 17, 1998 Page 5 28. Vehicles exiting the car wash must only use the two eastern Hawthorne Boulevard driveways. The applicant shall be responsible for ensuring that this exiting pattern occurs. The exit only restrictions of these two driveways shall be clearly marked with signage approved by the Director. 29. Traffic circulation through the pump islands shall be restricted to one-way travel. This one-way traffic restriction shall be clearly marked with signage approved by the Director. 30. Employee parking shall be limited to the southern triangular point area, closest to the transitional slope. HOURS OF OPERATION 31. The hours of operation for gasoline sales shall be limited as follows: Sunday through Saturday: 6:00 a.m. to 9:00 p.m. Any increases to the hours of operation shall require approval by the Planning Commission. 32. With exception of the delivery of gasoline, no deliveries are permitted to the site between the hours of 9:00 p.m. to 6:00 a.m.. LIGHTING 33. With exception of security lighting, all interior and exterior lighting shall be turned off at the close of business. Security lighting shall be the minimum necessary to provide safety on the subject property, and shall be subject to review and approval by the Director of Planning, Building and Code Enforcement. 34. The spanners located above the gas pumps shall not be illuminated. 35. All exterior lighting shall be arranged and shielded as to prevent direct illumination of abutting property and to prevent distraction of drivers of vehicles on public rights-of-way. Luminaries shall be of low-level, indirect and diffused type. All lighting under canopies shall be covered with diffusing lenses and shielded. 36. Within forty-five (45) days following its installation, all exterior lighting shall be subject to review and approval by the Director of Planning, Building and Code Enforcement, and may be subject to a reduction in the lumens, or the installation of additional screening should the Director find the lighting to be excessive or intrusive on neighboring properties.