CC RES 1999-039 RESOLUTION NO. 99-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING CONDITIONAL
USE PERMIT NO. 204 AND GRADING PERMIT NO. 2044, IN
ASSOCIATION WITH SPECIFIC PLAN AMENDMeNT NO. 10,
TO ALLOW THE CONSTRUCTION OF A NEW 4,000
SQUARE FOOT STRUCTURE,AND A 2,240 SQUARE FOOT
STRUCTURE WITH ASSOCIATED SITE AMENITIES ON AN
EXISTING VACANT PARCEL LOCATED AT 29701
WESTERN AVENUE.
WHEREAS, on October 19, 1998, the project applicant, Rich Development
Company, with approval of the property owner Tosco Corporation, submitted applications
for Specific Plan Amendment No. 10, Conditional Use Permit No. 204, and Grading Permit
No. 2044 to the City; and,
WHEREAS, the Commercial-General zoning district and Specific Plan No. III, in
which the subject property is located, allows for the development of the subject parcel for
commercial uses; 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 determined
that, there is no substantial evidence that the approval of Specific Plan Amendment No.
10, Conditional Use Permit No. 204 and Grading Permit No. 2044 would result in a
significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative
Declaration has been prepared and notice of that fact was given in the manner required
by law; and,
WHEREAS, the Initial Study was prepared on March 24, 1999 and distributed for
circulation and review from March 24, 1999 through April 22, 1999; and,
WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to
the Planning Commission, and prior to taking action on the proposed Specific Plan
Amendment No. 10, Conditional Use Permit No. 204, and Grading Permit No. 2044, the
Planning Commission independently reviewed and considered the information and findings
—contained in the Mitigated Negative Declaration and determined that the document was
prepared in compliance with the requirements of CEQA and local guidelines, with respect
Resolution No. 99-39
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thereto, and on April 27, 1999 adopted P.C. Resolution No. 99-12, recommending City
Council adoption of the Mitigated Negative Declaration; and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the Planning Commission of the City
of Rancho Palos Verdes held a public hearing on April 27, 1999, at which time all
interested parties were given an opportunity to be heard and present evidence; and
WHEREAS, on April 27, 1999, the Planning Commission adopted P.C. Resolution
No. 99-13, recommending City Council approval of Specific Plan Amendment No. 10,
Conditional Use Permit No. 204 and Grading Permit No. 2044; and,
WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to
the City Council, and prior to taking action on the proposed Specific Plan Amendment No.
10, Conditional Use Permit No. 204, and Grading Permit No. 2044, the City Council
independently reviewed, considered and adopted the Mitigated Negative Declaration
(Resolution No. 99-38) and determined that the document was prepared in compliance
with the requirements of CEQA and local guidelines, with respect thereto; and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the City Council of the City of Rancho
Palos Verdes held a public hearing on June 1, 1999, at which time all interested parties
were given an opportunity to be heard and present evidence; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: This application would permit the construction of a new 4,000 square
foot automotive use building, 2,240 square foot retail/restaurant building, 850 cubic yards
of grading, 33 parking spaces, improvements to the intersection at Summerland and
Western Avenue, landscaping and other site amenities.
Section 2: Conditional Use Permit No. 204 and Grading Permit No. 2044 are
consistent with the General Plan as they are consistent with all of the General Plan Goals
and policies, including; making special efforts to ensure safe conditions on ingress and
egress routes to commercial areas for both pedestrians and vehicles as the project
includes improvements to the existing intersection of Western Ave. and Summerland
Street; and the project incorporates adequate provisions into the commercial site design
to reduce negative impacts on adjoining residential areas by ensuring that the height of
the structures will not impair a view and that the architectural design and style of the
proposed buildings are aesthetically pleasing; and the project limits the exposure of -
parking and exterior service areas from the view of adjoining sites and circulation routes
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as the project includes landscape buffers between the parking area and Western Avenue
and the automobile service bays are orientated away from view from Western Avenue.
Section 3: The site for the intended use is adequate in size and shape to
accommodate said use and for all of the yards, setbacks, walls or fences, landscaping and
other features required by this title or by conditions imposed under this section, to adjust
said use with those on abutting land and within the neighborhood because the proposed
project meets the required lot coverage requirements by having only 24% lot coverage as
opposed to the 50% lot coverage permitted; and the project meets its parking requirements
for both vehicles and bicycles; and the project will also include landscaping, a trash
enclosure, lighting, and improvements to the intersection.
Because the automotive building is 50' wide and will only take up approximately 1/3 of the
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total width of the 160' wide subject property, and the retail/restaurant building is located
approximately 70' from the front property line, there is still adequate open frontage area
to not create an aesthetic impact to those traveling along Western Avenue. Also, the
automotive building will be tucked into the existing slope and retaining wall system along
the southern property line while the architect has treated the Western Avenue side of the
automotive building with aesthetic features, thereby reducing any potential bulk and mass
impacts to an insignificant level.
Section 4: The site for the proposed use relates to streets and highways properly
designed to carry the type and quantity of traffic generated by the subject use because the
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project will not pose any additional traffic impacts to the site or surrounding highways, and
the project will improve an existing intersection.
Section 5: In requiring certain safeguards, the Planning Commission deems said
requirements to be the minimum necessary to protect the health, safety and general
welfare: special setbacks and buffers, fences and/or walls, lighting, regulation of points
of vehicular ingress and egress, regulation of noise, vibration, odors, landscape and
maintenance requirements, service road or alley requirements, and other such conditions
to make development in an orderly and efficient manner within the City, as set forth in
Exhibit `A'.
Section 6: In approving the subject use at the specific location, there will be no
significant adverse effect on adjacent property or the permitted use because In regards to
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views, the proposed structures will be substantially lower than the neighboring uses; and
in regards to appearance, the proposed project improves the overall aesthetic appearance
of the subject parcel by creating an architectural design that is appealing and will benefit
the appearances of this section of Western Avenue; and in regards to noise with the
proposed mitigation measures, the project will not pose a significant impact to the
surrounding neighborhood.
Resolution No. 99-39
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Section 7: The project is consistent with the Specific Plan because the proposed
project will promote high quality development with regard to the intent and objectives of the
Specific Plan; and the adverse effects of the construction of a new building are mitigated
given the attention to siting, landscaping, lighting design and view obstruction; and an
efficient, convenient and safe vehicular access system to and from the major arterial
system has been provided; and an efficient, convenient and safe pedestrian and bicycle
circulation system throughout the development has been provided; and the uses within the
development are related to the need based on the population of the service area; and the
pedestrian access from neighboring areas is appropriate; and the architectural design is
compatible with the character of the community.
Section 8: The proposed Grading of 850 cubic yards is consistent with all of the
Criteria for evaluation of Major Grading Applications because; 1), the grading does not
exceed that which is necessary for the permitted primary use of the lot as the grading
concept design has created a level pad and has incorporated the building into an existing
slope that will aid in reducing the overall mass and height of the proposed structure; 2),
The grading does not significantly adversely affect the visual relationships with, nor the
views from, neighboring properties, because the proposed grading concept will provide
buildings that are at a significant lower elevation than the neighboring uses and as such
the project will not cause any significant view impairment to neighboring properties; 3),
there are no natural contours on the property in which the proposed project will be
affecting; 4), the grading takes into account the preservation of natural topographic
features by maintaining the surrounding grade level; 5), the grading would not cause
excessive and unnecessary disturbance of the natural landscape or wildlife habitat through
the removal of vegetation as the grading involves no impacts to vegetation or wildlife; and
6), the grading conforms to all of the standards found in Municipal Code Section No.
17.76.040(E)(8).
Section 9: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 10: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council
of the City of Rancho Palos Verdes hereby approves, Conditional Use Permit No. 204 and
Grading Permit No. 2044, thereby permitting the construction of a 4,000 square foot
automobile service building, a 2,240 square foot retail/restaurant building and other site
amenities to the vacant site, located at 29701 Western Avenue, subject to the 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. 99-39
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PASSED, APPROVED, and ADOPTED this 1st day of June 1999
IhAi
MAYOR
ATTEST:
)()_
t
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. 99-39 was duly and regularly passed and adopted by the said City Council
at a regular meeting held on June 1, 1999.
City lerk
Resolution No. 99-39
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 204
GRADING PERMIT NO. 2044
(29701 Western Avenue)
General:
1. Prior to the submittal of plans to building plan check, the applicant and the property
owner shall submit to the City a statement, in writing, that they have read,
understand, and agree to all conditions of approval contained in this Resolution.
Failure to provide said written statement within ninety (90) days of adoption of this
Resolution shall render this approval null and void.
2. All construction shall be completed in substantial conformance to the plans
approved by the City Council on June 1, 1999.
3. This approval is for a new 4,000 square foot automotive service use structure and
a 2,240 square foot retail/restaurant use structure, 850 cubic yards of grading, on-
site landscaping, improvements to the intersection of Summerland/Western, 33
parking spaces and other site amenities as shown on the approved plan.
4. The following minimum setbacks shall be maintained:
Front yard setback: 6'
Rear yard setback: 20'
Interior Side yard setback (south property line) 5'
5. 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. For any substantial modification, as determined by the
Director of Planning, Building and Code Enforcement, an Amendment to the
Conditional Use Permit and/or Grading Permit shall require review and approval
from the City Council through a public hearing.
6. These approvals shall expire twenty-four (24) months from the date of this action
unless application for building permits is made. Extensions of up to one year may
be granted by the Planning Commission if requested prior to expiration.
7. This approval is contingent upon the adoption of Specific Plan Amendment No. 10
by the City Council.
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Mitigation Measures
8. The development shall comply with all mitigation measures found in the Mitigation
Monitoring Program as certified through Resolution No. 99-38.
Conditional Use Permit No. 204
9. Detailed landscape (including all planted, hardscape aod fencing elements) and
irrigation plans shall be submitted for review and approval by the Director of
Planning, Building and Code Enforcement prior to issuance of any permits. Said
plans shall be consistent with the requirements found in Municipal Code Section
15.34, where applicable, and incorporate drought tolerant plant materials. Irrigation
systems shall be on automatic timers and shall use drip and bubbler systems where
appropriate. Irrigation systems shall be adjusted for seasonal water needs. The
landscape plan shall incorporate a minimum 3' high berm between the parking
spaces along Western Avenue and the front property line.
10. The maximum height of the proposed retail/restaurant structure from the highest
existing grade to be covered by structure to the roof peak shall be 16' to the main
structure ridge and 18' and 21' to the ridge of the architectural features located on
the south end and north end of the proposed structure, respectively (as shown on
the Plans approved by the City Council on June 1, 1999). The maximum height of
the proposed automotive use structure shall be 22' to the main structure ridge and
26' to the ridge of the architectural feature located closest to Western Avenue as
shown on the Plans approved by the City Council on June 1, 1999.
Prior to pouring of concrete for foundations and slab, the developer shall provide
certification of finished pad elevation. Prior to installation of roof sheathing, Ridge
Height Certification shall be submitted by the developer.
11. The project shall have 33 parking spaces. That number is based upon the following
land uses on the subject property:
Table 2— Parking Requirements
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Automotive 1 space for every 5 bays, and assume 20 spaces
employee and 2 spaces maximum 10 employees
for every service bay
Retail 860 square feet 1 space per 250 sq.ft. 3.44 spaces
Restaurant 1 space/3 seats or 1 1,380 sq.ft.,and assume 9.2 spaces
space/75 sq.ft.of dining 1/Z dining area or 690 sq.
area ft.
Total 33 spaces
If there are any changes to these proposed uses, intensity of use, or number of
employees, then the developer or owner shall submit notification for review and
Resolution No. 99-39
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approval by the Director of Planning, Building and Code Enforcement to ensure that
any changes will still comply with the required number of parking spaces according
to the Development Code.
If it is determined by the Director that there are parking or circulation impacts
occurring or that may occur as a result of the proposed project/use, then the
applicant shall be responsible for mitigating such impacts to the satisfaction of the
Director. The applicant may appeal the Director's decision to the City Council. If
the City Council determines that the potential impacts have not been mitigated to
a level of insignificance, then the CUP shall be revoked.
There shall be no outdoor storage of materials or vehicles to remain on the
premises overnight.
12. The use of gardening equipment, delivery of products to the site, and garbage
collection shall not occur between the hours of 7:00pm and 7:00am. The use of
Leaf Blowers on the site shall be consistent with Municipal Code Section 8.16.
13. Parking and security lighting shall be kept to minimum safety standards and shall
conform to City requirements within the Development Code. Fixtures shall not be
greater than 16' in height. They shall be shielded so that only the subject property
is illuminated; there shall be no spillover onto residential properties. A trial period
of three (3) months from issuance of Certificate of Occupancy, for assessment of
exterior lighting impacts shall be instituted. At the end of the 3-month period the
City may require additional screening or reduction in intensity of any light which has
been determined to be excessively bright.
14. Prior to issuance of a building permit, and subject to review and approval by the
Director of Planning, Building and Code Enforcement, roof equipment shall be
screened so that it shall not be visible from above, below or to the sides of the
proposed equipment.
15. Prior to issuance of a building permit, the developer shall submit detailed plans for
the proposed trash enclosure for review and approval by the Director of Planning,
Building and Code Enforcement. The trash enclosure shall include a cover and
have self-closing self-latching gates.
16. Prior to issuance of a building permit, the developer shall submit a comprehensive
sign program that will be subject to review and approval by the Director of Planning,
Building and Code Enforcement.
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Grading Permit No. 2044
17. Grading activity shall be limited to a total of 850 cubic yards, and involve removal
of a portion of the existing retaining wall and construction of building pads. Any
significant changes to the proposed grading, as determined by the Director of
Planning, Building and Code Enforcement shall require approval of a revision to the
Grading Permit by the City Council.
18. An as graded soils and geologic report, complete with geologic map, shall be
submitted and reviewed prior to issuance of a building permit.
19. Foundations and floor slabs cast on expansive soils will be designed in accordance
with Los Angeles County Code Section 2907-i.
20. A licensed engineering geologist and/or soils engineer shall monitor all grading in
accordance with applicable provisions of the Municipal Code and the
recommendations of the Director of Public Works and/or City Engineer.
21. Grading activity on the site shall occur in accordance with all applicable City safety
standards.
22. Any dirt or other material deposited on the roadways from construction operations
shall be removed by the applicant on a timely basis.
23. The use of a rock crusher is not permitted on the site.
Other
24. Approval of this development is contingent upon connection to the local main line
sewer. Prior to issuance of building permits, the developer shall pay the applicable
sewer connection fee imposed by the County Sanitation Districts of Los Angeles
County.
25. If it is found that the requirements of the Plumbing Code cannot be met, no building
permit will be issued for construction.
26. The development shall be served by adequately sized water system facilities, which
shall include fire hydrants of the size and type and location as determined by the
Los Angles County Fire Department. The water mains shall be of sufficient size to
accommodate the total domestic and fire flows required for the development. The
Director of Public Works shall determine domestic flow requirements. Fire flow
requirements shall be determined by the Los Angles County Fire Department and
evidence of approval by the Los Angeles County Fire Department is required.
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27. Framing of structures shall not begin until after the Los Angeles County Fire
Department has determined that there is adequate fire fighting water and access
available to the said structures.
28. Drainage plans and necessary support documents to comply with the following
requirements must be approved by the Director of Public Works prior to the
issuance of building permits or commencement of grading, whichever comes first:
A. Provide drainage facilities to remove any flood hazard to the satisfaction of
the Director of Public Works and dedicate and show easements on the Final
Map.
B. Eliminate any sheet overflow and ponding.
C. Provide drainage facilities to protect the property from high velocity scouring
action.
D. Provide for contributory drainage from adjoining properties.
29. The contractor shall be responsible for repairs to any neighboring streets which may
be damaged during development of the site, including, but not limited to, the
designated haul truck route. Prior to issuance of grading permits, the developer
shall post a bond, cash deposit or combination thereof, in an amount sufficient to
cover the costs to repair any damage to streets and appurtenant structures as a
result of this development as determined by the Director of Public Works. In
addition to providing a bond or cash deposit, the developer shall pay for a
pavement analysis of the streets to be used as the designated haul truck route prior
to the start of construction and at completion of construction. The developer shall
provide compensation for any loss of pavement life along the designated haul truck
route as a result of this development.
30. All utilities to and on the lots shall be provided underground, including cable
television, satellite dish antenna, telephone, electrical, gas and water. All
necessary permits shall be obtained for their installation. Cable television shall
connect to the nearest trunk line at the property owner's expense. All such utilities
shall be installed in conjunction with the development of each individual parcel.
Resolution No. 99-39
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