CC RES 1995-040RESOLUTION NO. 95 -40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DENYING THE APPEAL,
THEREBY UPHOLDING THE PLANNING COMMISSION'S
ADOPTION OF THE MITIGATED NEGATIVE DECLARATION
AND MAKING CERTAIN ENVIRONMENTAL FINDINGS IN
ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO.
667 FOR INSTALLATION OF TWO NEW ADDITIONAL
GASOLINE FUELING PUMPS AND CONSTRUCTION OF A
1,463 SQUARE FOOT ADDITION TO THE EXISTING
BUILDING FOR OPERATION OF A NEW 11450 SQUARE
FOOT CONVENIENCE STORE AT AN EXISTING
AUTOMOBILE GASOLINE AND SERVICE STATION
LOCATED AT 28103 HAWTHORNE BOULEVARD
WHEREAS, on November 3, 1993, in order to allow for the
continued use, operation, and expansion of existing automotive
service stations in the City, including the sales of auxiliary
convenience items, the City Council of the City of Rancho Palos
Verdes adopted Ordinance No. 294 which established an "Automotive
Service Overlay Control District" (OC -4) for eight sites located
within the City, including the subject property; and,
WHEREAS, on September 29, 1994, William and Charlotte Myers
submitted applications to the City for Environmental Assessment No.
667 and Conditional Use Permit No. 182 for consideration of two
new additional gasoline fueling pumps, installation of a new
propane fueling tank, construction of a 1,463 square foot addition
to the existing building for operation of a new 1,450 square foot
convenience store with the joint sale of alcohol and motor fuel;
and, on January 5, 1995 submitted application for Sign Permit No.
720 for installation of new signs at an existing automobile
gasoline and service station located at 28103 Hawthorne Boulevard;
and,
WHEREAS, in addition to the OC -4 Automotive Service Overlay
Control District zoning designation, the subject property, located
at 28103 Hawthorne Boulevard, has an underlying zoning designation
of Single Family Residential (RS -4); and,
WHEREAS, the Automotive Service Overlay Control District
appropriately allows for the continued use of the subject property
as an automotive gasoline service and repair facility, as well as
the expansion of the facility for full service gasoline stations
which provide automotive repair services in addition to the sale of
gasoline or other alternative fuels, automotive repair businesses,
self - service gasoline stations (without full service facilities) ,
car washes, smog testing businesses, oil /fluid change businesses,
sales of automotive products ( e . g, , tire sales) , and f or the sales
of items such as prepared foods, beverages, and other sundry items,
which are found by the Planning Commission and City Council to be
appropriate uses which are clearly auxiliary to the existing
automobile service station which is the subject of this
application; 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, by incorporating
mitigation measures in to the Negative Declaration and project
approval, there is no substantial evidence that the approval of
Conditional Use Permit No. 182 would result in a significant
adverse effect on the environments Accordingly, a Draft Mitigated
Negative Declaration has been prepared and notice of that fact was
given in the manner required by law; 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 January 10, 1995 and January 24, 1995, at which
time all interested parties were given an opportunity to be heard
and present evidence; and,
WHEREAS, as a result of the public review process for the
Draft Mitigated Negative Declaration, including administrative
decisions and public hearings, the Planning Commission concluded
that certain mitigation measures with respect to Land Use
identified in the Initial Study prepared for this project are
infeasible or otherwise undesirable. As such, in adopting the
Mitigated Negative Declaration and consistent with the records of
the proceedings, the Planning Commission deleted certain mitigation
measures as identified in Section 10 of P.C. Resolution No. 95 -04,
and substituted the same mitigation measures with other mitigation
measures which, after holding a public hearing on the matter, the
Planning Commission found and the City Council upheld, are
equivalent or more effective in mitigating significant effects on
the environment to a less than significant level so that the
project, as conditioned, will not cause any potentially significant
effect on the environment. Accordingly, these substituted
mitigation measures shall be made Conditions of Approval of the
project, and this action shall not constitute an action or
circumstance requiring recirculation of the Draft Mitigated
Negative Declaration; and,
WHEREAS, as a result of the public review process and
testimony presented conjunction with this appeal, including
administrative decisions and public hearings, the City Council
concluded that the sale of alcoholic beverages and installation of
a propane fuel tank, were not appropriate or desirable uses as part
of this approval, and that separate City review, including separate
environmental review pursuant to the requirements of the California
Environmental Quality Act, would be required for any future
requests for these uses on the subject property. Accordingly, the
City Council has deleted or modified certain mitigation measures to
clarify that the sale of alcoholic beverages and installation of
the proposed propane fueling tank are not permitted as part of this
Resolution No. 95 -40
Page 2 of 11
approval; the City Council finds that as so revised, these
mitigation measures are more effective in mitigating effects on the
environment for this project so that the project, as conditioned,
will not cause any potentially significant i, effect on the
environment. This action to delete or modify certain mitigation
measures shall not constitute an action or circumstance requiring
recirculation of the Draft Mitigated Negative Declaration; and,
WHEREAS, in accordance with the requirements of the California
Environmental Quality Act, a Mitigation Monitoring Program has been
prepared, and is attached hereto as Exhibit "A"; and,
WHEREAS, on February 14, 1995, the Planning Commission of the
City of Rancho Palos Verdes adopted P, C, Resolution No. 95 -04,
adopting the Negative Declaration prepared in association with
Environmental Assessment No. 667; and adopted P.C. Resolution No.
95 -05, approving Conditional Use Permit No. 182, with Conditions,
to allow installation of two new additional gasoline fueling pumps,
installation of a new propane fueling tank, and construction of a
1,463 square foot addition to the existing building for operation
of a new 1,450 square foot convenience store (without the sale of
alcoholic beverages) at the existing automobile gasoline and
service station located at 28103 Hawthorne Boulevard; and approved
Sign Permit No. 720 via Minute Order; and,
WHEREAS, on February 27, 1995, less than fifteen (15) days
following the Planning Commission's decision, Mrs. Nancy Moore
filed an appeal to the City Council, requesting that the City
Council overturn the Planning Commission's adoption of the Negative
Declaration, and approval of Conditional Use Permit No. 182 and
Sign Permit No. 720; 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
April 18, 1995, 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 HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1: This application involves modification and
modernization of an existing automobile service and gasoline
station. These improvements include the installation of two new
gasoline fueling pumps, an expansion to the existing structure to
allow operation of a new convenience sales area, and installation
of new signs. The City Council finds that the proposed project, as
mitigated, would not result in any significant adverse
environmental impacts in addition to or beyond those already
associated with the existing service station use of the site.
Resolution No. 95 -40
Page 3 of 11
Section 2: As submitted, the proposed project will not
result in changes to existing features of any bays, tidelands,
beaches, lakes or hills, or substantial alteration of ground
contours, nor will it result in the change in pattern, scale or
character of the general area of the project. Additionally, the
proposed project will not result in significant amounts of solid
waste or litter, change in dust, ash smoke, fumes,. or odors in the
vicinity, or change in ocean, bay, lake stream or ground water
quality or quantity, or alteration of existing drainage patterns.
The proposed project will also not result in a substantial change
in existing noise or vibration levels in the vicinity, nor will the
work occur on a site of filled land or on a slope of 10 percent or
more. Finally, the proposed project will not result in a
substantial change in demand for municipal services, substantially
increase fossil fuel consumption, or affect any relationship to a
larger project or series of projects. Accordingly, no mitigation
measures have been required to address these issues.
Section 3: The proposed construction will be less than
sixteen feet in height, it will not result in any view impairment
from surrounding properties as defined by the City's Development
Code. Therefore, while the proposed project will modify the
appearance of the existing structure as viewed from existing
residential areas or public lands or roads, these changes will not
adversely affect scenic views or vistas from any of the surrounding
properties.
Since the site is located along Hawthorne Boulevard, which is
identified by the City's General Plan as a Vehicular Corridor with
Adjacent Land Areas to be Restored, mitigation measures have been
incorporated (as described in the attached Exhibit "A") which are
consistent with the goals and policies of the City's General Plan,
which require the site to be landscaped to improve the aesthetic
appearance of the property, and reduce any impacts resulting from
the change in scenic vistas to less than significant levels.
Section 4: As submitted, the proposed expansion and
continued use of the property for automobile gasoline and service
uses will result in the continued use or disposal of potentially
hazardous materials, such as toxic substances, f lammables, or
explosives as currently result from the existing uses. However,
since the subject property is currently used as an automotive
service , and repair station, the continued use and expansion of the
site is not expected to result in a significant change to current
activities on the site, nor in an increased significant adverse
environmental impact beyond those already existing on the site.
Nevertheless, mitigation measures (as described in the attached
Exhibit "A") have been incorporated to ensure continued compliance
with all local, county, and state regulations with respect to the
use or disposal of potentially hazardous materials, and reduce any
impacts associated with the use or disposal of potentially
hazardous materials to less than significant levels.
Resolution No. 95 -40
Page 4 of 11
Section 5: When reviewed in accordance with "Appendix G -
Significant Effects" of the ``State CEQA Guidelines, the proposed
project will not result in significant adverse affects to Earth,
since there will be no grading and or /earth movement required to
complete the construction. Therefore, no mitigation measures have
been required with respect to Earth.
Section 6: In consideration of the existing service
stations uses on the property, it has been determined that the
proposed project will not result in significant changes to Air
Quality with respect to air emissions or deteriorations of ambient
air quality, and no mitigation measures are required.
Due to the existing gasoline service station uses of this property,
the proposed construction and operation of a convenience store is
not expected to create significant impacts to Air Quality above
those already existing on the site. Therefore, any impacts to Air
Quality resulting in the creation of objectionable odors that might
be caused by the proposed project are not expected to be
significant, and no mitigation measures have been required.
Section 7: Since the site is currently used for the
dispensation of motor fuel and is entirely paved with an impervious
material, the proposed construction will not result in any
significant alterations to the current uses on the property which
may affect Water Quality. Additionally, the project does not
involve the use or modification of, nor will it affect any existing
water or drainage sources. For these reasons the construction of
the proposed project will not result in any adverse environmental
impacts to Water, and no mitigation measures have been required
with respect to Water.
Section 8: Since the site is entirely paved with an
asphalt surface, construction of the proposed project would not
involve the removal of any Plant Life or Animal Life, nor would it
affect any plant or animal species. Accordingly, no mitigation
measures have been required with respect to Plant Life and Animal
Life.
Section 9: Due to the location of the subject property
along Hawthorne Boulevard, which is a major arterial roadway, long
term impacts to noise associated with the continued operation of
the automobile service uses and the proposed convenience store are
not expected to exceed current ambient noise levels. Additionally,
P • sure of
the project is not expected to result In the expo people to
severe noise levels beyond existing noise levels. Therefore, in
accordance with Appendix G of the State CEQA Guidelines, since the
project will not substantially increase ambient noise levels, any
lon g terms impacts associated with operation of the automobile
.
services and proposed convenience store, or exposure to people to
severe noise levels, is not considered a significant impact.
Resolution No, 95 -40
Page 5 of 11
However, short term impacts associated with construction of the
proposed addition and installation of the new fuel pumps may be
expected. Therefore, in order to reduce any short term impacts to
less than significant levels, mitigation measures (as described in
the attached Exhibit "A") have been incorporated.
Section 10: The Initial Study identified potential impacts
to Light and Glare which may result due to the proposed increase to
the existing ours of operation, as well installation of exterior
• g s (as described in
lighting. For this reason, mitigation measure
the attached Exhibit "A") have been incorporated to reduce any
impacts to Light and Glare resulting from the proposed project to
less than significant levels.
Section 11: Although the property is currently zoned
Residential (RS-4) with an Automobile Service Overlay District (OC-
4) which allows for the continued operation of and improvements to
the existing automobile services, as well as auxiliary convenience
store uses, the proposed installation of the two new additional
fueling pumps, and construction of the proposed convenience store,
will result in substantial alterations to the present or planned
land use on the property. In order to reduce these impacts to less
than significant levels, mitigation measures (as described in the
attached Exhibit "A") have been incorporated.
The Initial Study prepared for the project excluded the covered
canopy areas above the existing and proposed automobile fueling
pumps in determining the overall area dedicated to the service of
automobiles. Therefore, when this area is included in the total
calculations for area dedicated to the service of automobiles, the
proposed convenience store uses will be clearly auxiliary to the
automobile service station uses on the property. Therefore it is
infeasible or otherwise undesirable to include mitigation measures
as described on Page 21 of 36 in the Initial Study, which require
the landowner to file an application for a zone change to allow
construction of the proposed convenience store under the
appropriate Commercial zoning designation, or to require the
proposed convenience store sales area to be reduced in size so that
the sale of convenience items is clearly ancillary and auxiliary to
the gasoline sales and automobile service uses on the property.
Therefore, Mitigation Measure No. 1, for Item No. 41 (Land Use) , as
found on Page 21 of 36 of the Initial Study, is hereby deleted and
replaced with the following mitigation measures which are
equivalent or more effective in mitigating significant effects to
Land Use resulting from the proposed project to a less than
significant level, so that the proposed expansion does not cause
any potentially significant effect on the environment:
Resolution No, 95 -40
Page 6 of 11
la. Any future change to the size of the convenience store or
to the area dedicated to the service, repair, or fueling
of automobiles shall require a re- examination of the
Conditional Use Permit by the Planning Commission,
including, but not limited to, additional environmental
review as required by the provisions of the California
Environmental Quality Act (CEQA)o
1b. Any new use or expansion to an existing use proposed on
the subject property shall be subject to review and
approval of a Revision to the Conditional Use Permit,
including, but not limited to, additional environmental
review as required by the provisions of the California
Environmental Quality Act.
lc. Conditional Use Permit No. 182 shall be reviewed by the
Planning Commission six (6) months from the date of
issuance of a Certificate of Occupancy or Final building
permits for the new construction, whichever occurs f first,
to ensure compliance with all Conditions of Approval for
Conditional Use Permit No. 182 and with all mitigation
measures imposed. At that time, the Planning Commission
may add, delete, or modify Conditions of Approval as
deemed necessary and appropriate. Notice of said review
shall be provided in accordance with the provisions of
Section 17.56.050 of the Rancho Palos Verdes Development
Code.
ld. The hours of operation shall be limited as follows:
Sunday - Thursday: 5:00 a.m. to 11:00 p.m.
Friday - Saturday: 5:00 a.m. to Midnight
Section 12: Although the site is currently used for the
dispensation of fuels, it is not anticipated that the proposed
project would result in the use of large amounts of fuel, water, or
energy in a wasteful manner. Additionally, although the proposed
operation of the convenience store will increase the use lighting
and energy beyond existing levels on the site, this increase is not
considered significant with respect to any impacts on Natural
Resources. Therefore, the proposed project will not result in an
increase in the rate of use of any natural resources, nor will it
result in a substantial depletion of any nonrenewable natural
resources. Accordingly, no mitigation measures have been required
with respect to Natural Resources.
Section 13: As the proposed project is for the continued
operation of an existing gas station, as well as the installation
of two new additional fueling pumps which, by their nature, are
subject to risks associated with explosion or the release of
hazardous substances (including, but not limited to oil, chemicals,
Resolution No. 95 -40
Page 7 of 11
or p etroleum products) in the event of an accident or upset conditions, the. Initial Study identified impacts to the Risk of
Upset resulting from the project . In order to reduce these impacts
to less than significant levels, mitigation measures (as described
in the attached Exhibit "A") have been required.
Section 140 In accordance with the General Plan Housing
Element policies and the Southern California Association of
Governments (SCAG) Regional Housing Assessment Needs (RHNA), the
proposed project will not alter the location, distribution,
density, or growth rate of the human population in the area above
what is forecasted in adopted City plans and policies, nor will the
P ro • ect affect existing housing, or create a demand for additional
project
Consequently, no mitigation measures have been required
with respect to Population or Housing.
Section 15: Since Hawthorne Boulevard is a major arterial
roadway which is served by the No. 444 line of the Rapid Transit
District (RTD) of the Metropolitan Transit Authority (MTD) and
Granvia Altamira is a collector street, the site is adequately
served by local transportation systems which will not be impacted
by the proposed project. Additionally, the proposed project site
is not served by any waterborne, rail, or air transportation
systems which would be impacted by the proposed project.
Accordingly, no mitigation measures have been required with respect
to these Transportation /Circulation issues.
While the project may result in the generation of additional
vehicular movement with respect to Transportation /Circulation, the
potential increase in traffic volumes generated by the proposed
project will not significantly impact existing traffic volumes
along either Hawthorne Boulevard or Granvia Altamira beyond those
already existing. Similarl Y. although the project may result in
alterations to present patterns of circulation or movement of
people and/or goods, the applicant has not proposed any changes to
the existing access and /or circulation which would result in a
significant increase in traffic volumes. Finally, the Lomita
Sheriff's Station has reported a to tal of 43 accidents, 17 of which
have resulted in injury, at intersection of Hawthorne Boulevard and
Granvia Altamira since 1990. The total accident rate has declined
from 25 during the two year period of 1990-91 to a total of 18
during the subsequent three year period of 1992- present, and the
Sheriff's Department has not indicated concern over the safety of
this intersection. Therefore, the proposed project will not result
in a significant increase in traffic volumes which would result in
increased hazards to motor vehicles, bicyclists, or pedestrians.
Accordingly, these impacts to Transportation /Circulation are not
expected to be significant, and no mitigation measures have been
required.
However, while there is adequate area on the property for the parking of vehicles, there have been no loading spaces indicated on
the plans as submitted* Theref ore , the proposed project may result
in impacts to existing parking facilities or demands for new
Resolution No. 95 -40
Page 8 of 11
parking. However, mitigation measures (as described in the
attached Exhibit "A") to add loading - spaces in accordance with
minimum Development Code standards have been required to reduce
impacts associated with parking facilities to less, than significant
levels.
Section 16: In order to reduce impacts to Public Services
with respect to fire protection and police protection which may
have an effect upon, or result in a need for new or altered
governmental services, mitigation measures (as described in the
attached Exhibit "A") have been incorporated to reduce these
impacts to less than significant levels.
Since the proposed project will not create a significant additional
demand or require the expansion of existing schools, parks or other
recreational facilities, maintenance of public facilities
(including roads) , or other governmental services, impacts to these
agencies with respect to Public Services is not considered
significant, and no mitigation measures have been required.
Section 17: By its nature, the existing automobile service
station provides goods and services based on the use of motor fuel,
which may result in the use of substantial amounts of fuel or
energy. However, since the proposed improvements will not increase
existing demand for fuel, nor will it likely draw additional new
customers for fuel service due to the remote location of the
subject property in relation to other similar services within Los
Angeles County, the proposed project is not expected to result in
a significant impact on Energy, or result in the use of substantial
amounts of fuel or energy beyond those levels currently existing.
Consequently, no mitigation measures have been required.
Section 18: The proposed project will not result in the
need for new systems, or substantial alterations to Utilities,
including power or natural gas, communication systems, water, sewer
or septic tanks, storm water drainage, or solid waste disposal.
For this reason, no mitigation measures have been required with
respect to Utilities.
Section 19: Because the applicant proposes the sale of hot
and cold prepared food items, the Initial Study identified
potential impacts to Human Health which may be associated with food
borne bacteria and related illnesses. Accordingly, mitigation
measures (as described in the attached Exhibit "A") have been
required to reduce these impacts to less than significant levels.
However, while the pumping of gasoline and operation of automobile
services may impact human health, the impacts associated with
exposure to these products is not expected to increase beyond the
existing uses. Therefore, the impacts to Human Health associated
with the exposure of people to potential health hazards has been
determined to not be a significant impact, and no mitigation
measures have been required.
Resolution No. 95 -40
Page 9 of 11
Section 20: While construction of the proposed
improvements will not impair scenic views from any protected
viewing area as defined by the City's Development Code, the subject
property is located along Hawthorne Boulevard which is defined by
the City's General Plan as a Vehicular Corridor with Adjacent Land
Areas to be Restored. As such, the proposal may result in the
creation of an aesthetically offensive site open to public view.
For this reason, mitigation measures (as described in the attached
Exhibit "A") have been required to reduce any impacts associated
with Aesthetics to less than significant levels.
Section 21: Since the proposed project will not result in
the demand for new recreational facilities and /or expansion of
existing programs beyond planned capacities, no significant impacts
will occur to Recreation. Therefore, no mitigation measures have
been required with respect to Recreation.
Section 22: Since the automobile service station uses are
already in existence and the site is entirely paved with asphalt,
the installation of the new fueling pumps and construction of the
proposed additions will not require any additional grading which
would result in adverse impacts to Cultural Resources.
Accordingly, no mitigation measures have been required.
Section 23:. For reasons discussed in the Initial Study,
which is incorporated herein by reference, the proposed convenience
store and new fueling pumps would not affect any habitats for fish
or wildlife; nor will it threaten animal or plant communities since
no removal of existing vegetation or habitat areas will occur.
Therefore, no significant impacts to these resources would be
created through the implementation of this project.
Section 24: For reasons discussed in the Initial Study,
which is incorporated herein by reference, the project would not
have any potential to achieve short -term, to the disadvantage of
long -term, environmental goals.
Section 25: For reasons discussed in the Initial Study,
which is incorporated herein by reference, the project would not
have impacts which are individually limited, but cumulatively
considerable.
Section 26: For reasons discussed in the Initial Study,
which is incorporated herein by reference, the project would not
have environmental impacts that will cause substantial adverse
effect on human beings,. either directly or indirectly.
Section 27: The applicant has consulted the lists prepared
pursuant to Section 6596295 of the Government Code and has
submitted a signed statement indicating whether the project and any
alternatives are located on a site which is included on any such
list, and has specified any such list. The Lead Agency has
Resolution No. 95 -40
Page 10 of 11
consulted the lists compiled pursuant to Section 65962.5 of the
Government Code, and has certified that the development project and
any alternatives proposed in this application are not included in
these lists of known Hazardous Waste and Substances Sites as
compiled by the California Environmental Protection Agency.
Section 28: The time within which judicial review of the
decision reflected in this Resolution, if available, must be sought
is governed by Section 21167(b) of the Public Resources Code.
Section 29: For the foregoing reasons and based on its
independent review and evaluation of the information and findings
contained in the Initial Study, Staff Reports, minutes, and records
of the proceedings, which are all attached hereto by reference, the
City Council has determined that the project as conditioned and
mitigated will not result in a significant adverse impact on the
environment because all of the potential significant adverse
environmental impacts have been reduced to an insignificant level.
Therefore, the City Council hereby denies the appeal, thereby
upholding the Planning Commission's adoption of the Mitigated
Negative Declaration making certain environmental findings in
association with Environmental Assessment No. 667 for installation
of two new additional gasoline fueling pumps, and construction of
a 1, 463 square foot addition to the existing building for operation
of a new 1,450 square foot convenience store at an existing
automobile gasoline and service station located at 28103 Hawthorne
Boulevard, subject to the mitigation measures contained in the
attached Exhibit "A" - Mitigation Monitoring and Reporting Program,
which contains conditions and mitigation measures necessary to
protect the public health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 2nd day of May 1995.
ATTEST:
CITYi CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, Jo Purcell, City Clerk of
hereby certify that the above
regularly passed and adopted by
meeting held on May 2, 199541
TS##16: RESEA667.CC
MAYOR
ss
the City of Rancho Palos Verdes,
Resolution No. 95 -40 was duly and
the said City Council at a regular
CITY CLERK
Resolution No. 95 -40
Page 11 of 11
I EXHIBIT "A"
MITIGATION MONITORING PROGRAM
ENVIRONMENTAL ASSESSMENT NO. 667
FOR
CONDITIONAL USE PERMIT N0. 182
28103 HAWTHORNE BOULEVARD
RANCHO PALOS VERDES, CA 90275
RESOLUTION NO. 95 -40
TABLE OF CONTENTS
Introduction.................... ............................... 3
II. Management of the Mitigation Monitoring Program .........................
4
4
Roles and Responsibilities ..... . ..... ...............................
Mitigation and Monitoring Program Procedures .......................... 0
5
Mitigation Monitoring Operations ..... ............................... o
5
III. Mitigation Monitoring Program Checklist. . 8 6 9 a 9 8 a a 9 Is
.6
IV. Mitigation Monitoring Summary Table ....... ..............................7
RESOLUTION NO. 95 -40
Page 2 of 12
1. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP), for the expansion of the existing automobile service
station located at 28103 Hawthorne Boulevard in the City of Rancho Palos Verdes, responds to
Section 21081.6 of the Public Resources Code. Section 21081.6 requires a lead or responsible
agency that approves or carries out a project where a Mitigated Negative Declaration has identified
significant environmental effects, to adopt a "reporting or monitoring program for adopted or
required changes to mitigate or avoid significant environmental effects." The City of Rancho Palos
Verdes is acting as lead agency for the project.
An Initial Study /Mitigated Negative Declaration was prepared to address the potential environmental
impacts of the project. Where appropriate, this environmental document recommended mitigation
measures to mitigate or avoid impacts identified. Consistent with Section 21080 (2)(c) of the
Public Resources Code, a mitigation reporting or monitoring program is required to ensure that the
adopted mitigation measures under the jurisdiction of the City are implemented. The City will adopt
this MMP when adopting the Mitigated Negative Declaration.
ENVIRONMENTAL PROCEDURES
This MMP has been prepared in accordance with the California Environmental Quality Act of 1970
(CEQA), as amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for
Implementation of CEQA (CEQA Guidelines), as amended (California Administrative Code Section
15000 et seq.). This MMP complies with the rules, regulations, and procedures adopted by the
City of Rancho Palos Verdes for implementation of CEQA.
MITIGATION MONITORING PROGRAM REQUIREMENTS
Section 21081.6 of the Public Resources Code states: "When making the findings required by
subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph
(2) of subdivision (c) of Section 21081, the public agency shall adopt a reporting or monitoring
program for the changes to the project which it has adopted or made a condition of project
approval in order to mitigate or avoid significant effects on the environment. The reporting or
monitoring program shall be designed to ensure compliance during project implementation. For
those changes which have been required or incorporated into the project at the request of an
agency having jurisdiction by law over natural resources affected by the project, that agency shall,
if so requested by the lead or responsible agency, prepare and submit a proposed reporting or
monitoring program."
RESOLUTION NO. 95 -40
Page 3 of 12
II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design, pre -
grading, construction, and operation. The City will have the primary enforcement role for the
mitigation measures.
MITIGATION MONITORING PROGRAM PROCEDURES
The mitigation monitoring procedures for this MMP consists of, filing requirements, and compliance
verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below.
Mitigation Monitoring Program Checklist
The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition,
the Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure
will occur; the method of verification of compliance; the timing of verification; the department or
agency responsible for implementing the mitigation measures; and compliance verification. Section
III provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be
established, organized, and retained by the City of Rancho Palos Verdes department of Planning,
Building, and Code Enforcement.
Compliance Verification
The MMP Checklist shall be signed when compliance of the mitigation measure is met according
to the City of Rancho Palos Verdes Director of Planning, Building, and Code Enforcement. The
compliance verification section of the MMP Checklist shall be signed, for mitigation measures
requiring ongoing monitoring, and when the monitoring of a mitigation measure is completed.
Page 4 of 12
MITIGATION MONITORING OPERATIONS
The following steps shall be followed for implementation, monitoring, and verification of each
mitigation measure:
1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall
designate a party responsible for monitoring of the mitigation measures.
2. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall
provide to the party responsible for the monitoring of a given mitigation measure, a copy of
the MMP Checklist indicating the mitigation measures for which the person is responsible
and other pertinent information.
3. The party responsible for monitoring shall then verify compliance and sign the Compliance
Verification column of the MMP Checklist for the appropriate mitigation measures.
Mitigation measures shall be implemented as specified by the MMP Checklist. During any project
phase, unanticipated circumstances may arise requiring the refinement or addition of mitigation
measures. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement
with advice from Staff or another City department, is responsible for recommending changes to the
mitigation measures, if needed. If mitigation measures are refined, the Director of Planning,
Building, and Code Enforcement would document the change and shall notify the appropriate
design, construction, or operations personnel about refined requirements.
RESOLUTION NO. 95 -40
Page 5 of 12
III. MITIGATION MONITORING PROGRAM CHECKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the Planning Commission
of the City of Rancho Palos Verdes on February 14, 1995. Any mitigation measures or portions
of mitigation measures that have been changed from those presented in the Initial Study /Mitigated
Negative Declaration are shown with underline (new text) and /or strikeouts (old text). The change
made during the public review process and approved by the Planning Commission do not have a
environmental effect and do not change the conclusions of the environmental analysis in th
Mitigated Negative Declaration. They have been made to: reflect more stringent standards or more
accurate information, and /or more accurately reflect the appropriate method of timing,
responsibility, compliance or penalties.
Mitigation measures are listed in the order in which they appear in the Initial Study.
Types of measures are project design, construction, operational, or cumulative.
# Time of Implementation indicates when the measure is to be implemented.
Responsible Entity indicates who is responsible for implementation.
Compliance Verification provides space for future reference and notation that
compliance has been monitored, verified, and is consistent with these mitigation
measures.
Page 6 of 12
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES
TYPE
TIME OF
RESPONSIBLE
COMPLIANCE
IMPLEMENTATION
ENTITY
VERIFICATION
............
...................... ............... .............. ..
............. . ... ..
........................ . ........................................................................................... .....................................
...................................................................................................................................................................................................
....................................................
:::::::: :: :::N::::.: EIV:IC:VEwS /...5 S ..................................... ....... ............... ................... .........
........................ .: T. ........................................... ............................................................................................
. HAN:GE . SC ................................................................
O
. ................ ............. .
............ . .
...........................................................
... .................
.....................................
........................................................ I .............
The site shall be landscaped in accordance with
Project Design
Prior to issuance of a
Applicant
all requirements of Section 17.25.030(a.1) and
Construction
Certificate of Occupancy, or
City
17.36.073(L) of the Rancho Palos Verdes
issuance of Final Building
Development Code. In the event that one
Permits, whichever occurs
requirement differs over another, the stricter
first.
shall apply.
::::.:..�: `ERNA.
:.: :............. ::. N`M►:;LY:: MAAgDO 5MA. . ::::
:. :: S OSA�,..O.F..PO`E .........................................................................................................................................................................
SE..flR..D. P ...................................................................... ...............................
...............................
The applicant and /or landowner shall comply
Project Design
Ongoing
Applicant
with all requirements of the City of Rancho
Operational
City
Palos Verdes and the County of Los Angeles for
County of Los Angeles
the disposal of hazardous wastes and
chemicals.
The applicant and /or landowner shall comply
Project Design
Ongoing
Applicant
with all recommendations and requirements of
q
Operational
p
City
the Los Angeles County Fire Department for the
LA County Fire Dept.
installation and operation of the newffepapie
fueling tanks and for the continued operation of
the existing motor fuel pumps.
:::::: . : . :- :: E
:::N. S
O
The hours of construction shall be limited to
Construction
During construction
Applicant
7:00 a.m. to 7:00 p.m., Monday through
City
Saturday. No construction shall be permitted
on Sunday or on legal holidays.
The hours of operation as well as deliveries for
Operational
Ongoing
Applicant
the convenience store
shall be restricted to reduce impacts associated
with noise to surrounding residential properties.
RESOLUTION NO. 95 -40
Page 7 of 12 Page 7 of 12
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES
TYPE
All mechanical construction equipment shall be Construction
kept well tuned and, where possible, shall be
equipped with muffler devices.
TIME OF
IMPLEMENTATION
During Construction
RESPONSIBLE
ENTITY
Applicant
COMPLIANCE
VERIFICATION
Page 8 of 12
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES
TYPE
TIME OF
RESPONSIBLE
COMPLIANCE
IMPLEMENTATION
ENTITY
VERIFICATION
Any future change to the size of the
Cumulative
N/A
Applicant
convenience store or to the area dedicated to
City
the service, repair, or fueling of automobiles
shall require a re- examination of the Conditional
Use Permit by the Planning Commission,
including, but not limited to, additional
environmental review as required by the
provisions of the California Environmental
Quality Act (CEQA).
Any new use or expansion to an existing use
Cumulative
N/A
Applicant
City
proposed on the subiect property shall be
subject to review and approval of a Revision to
the Conditional Use Permit, including, but not
limited to, additional environmental review_ as
required by the provisions of the California
Environmental Quality Act.
Conditional Use Permit No. 182 shall be
Operational
Six months from the date of
Applicant
reviewed by the Planning Commission six (6)
Cumulative
issuance of a Certificate of
Occupancy or Final Building
City
months from the date of issuance of a
Certificate of Occupancy or Final building
Permits, whichever occurs
permits for the new construction, whichever
first.
occurs first, to ensure compliance with all
Conditions of Approval. At that time, the
Planning Commission may add, delete, or
modify Conditions of ADDroval as deemed
necessary and appropriate. Notice of said
review shall be provided in accordance with the
provisions of Section 17.56.050 of the Rancho
Palos Verdes Development Code.
RESOLUTIO NO. 95 -40
Page 9 of 12
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES
The hours of operation shall be limited as
follows:
Sunday - Thursday:
5:00 a.m. to 11:00 p.m
Fridav - Saturday:
5:00 a.m. to Midnight
TYPE I TIME OF
IMPLEMENTATION
RESPONSIBLE
ENTITY
Operational I Ongoing I Applicant
COMPLIANCE
VERIFICATION
The landowner shall comply with all
Construction
Prior to issuance of Building
Applicant
requirements of Section 17.25.050
Operational
Permits, during
(Convenience Stores) of the Rancho Palos
construction, and ongoing.
Verdes Development Code.
�i1St� �F:UPSET .......... ;
Operational
The applicant and /or landowner shall comply
Project Design
Prior to issuance of Building
Applicant
with all recommendations and requirements of
Operational
Permits and ongoing
City
the Los Angeles County Fire Department.
LA County
LA County Fire Dept.
The applicant and /or landowner shall comply
Operational
Ongoing
Applicant
with all recommendations and requirements of
the Los Angeles County Department of Public
Works - Waste Management Division.
The applicant and /or landowner shall with all
Operational
Ongoing
Applicant
requirements of the City of Rancho Palos
City
Verdes and the County of Los Angeles for the
LA County
disposal of hazardous wastes and chemicals.
Page 10 of 12
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES
TYPE I TIME OF
IMPLEMENTATION
RESPONSIBLE
ENTITY
COMPLIANCE
VERIFICATION
The landowner shall provide loading zone Project Design Prior to issuance of Building Applicant
parking spaces for the proposed use as Permits and ongoing. City
described in the Rancho Palos Verdes
Development Code.
�U�LI� SERXf1�ES ;. .
The applicant and /or landowner shall comply Project Design Prior to issuance of Building
with all recommendations and requirements of Operational Permits and Ongoing
the Los Angeles County Fire Department.
All management personnel shall attend a Operational Ongoing
Sheriff's Crime Prevention Class to acquaint
them with personal safety, security, and crime
prevention techniques, and other law
enforcement concerns. Proof of attendance
must be provided annually prior to business
license renewal.
Applicant
City
LA County Fire Dept.
Applicant
The premises shall be staffed with a minimum Operational Ongoing Applicant
of two (2) employees during all hours that the
convenience store uses is open to the public.
Adequate interior and exterior security lighting, Project Design Ongoing Applicant
in accordance with all other applicable Operational
provisions of the Development Code and these
Conditions of Approval, shall be provided.
RESOLUTION NO. 95 -40
Page 11 of 12
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES I TYPE I IMPLEMENTATION I RESPONSIBLE
COMPLIANCE
VERIFICATION
The counter /cashier area shall be readily visible
Operational
Ongoing
Applicant
from the street at all times.
A limited access money depository shall be
Operational
Ongoing
Applicant
provided on the premises.
::::::
:-::: 11l Vl�k ..................................................................................................... ...............................
..................................................................................
....._.........................
All prepared and packaged food items shall be
Operational
Ongoing
Applicant
served and sold in accordance with the
LA County Health
conditions and requirements of the Los Angeles
Dept.
County Department of Health.
l
SfiI ..............................................................................................................................................................
.........................................................................................................................................................
...............................
. ..................................................................
....................... ....... ... .......... ................................................................
The site shall be landscaped in accordance with
Project Design
Prior to issuance of a
Applicant
all requirements of Sections 17.25.030(A.1)
Construction
Certificate of Occupancy, or
City
and 17.36.073(L) of the Rancho Palos Verdes
issuance of Final Building
Development Code. In the event that one
Permits, whichever occurs
requirement differs over another, the stricter
first.
shall apply.
Page 12 of 12