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CC RES 1995-041RESOLUTION NO. 95 -41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSIONrS DECISION TO APPROVE CONDITIONAL USE PERMIT NO. 182, WITH CONDITIONS, FOR INSTALLATION OF TWO NEW ADDITIONAL GASOLINE FUELING PUMPS AND CONSTRUCTION OF A 11463 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 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 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, to include additional services such as 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 the 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. (110EQA11) , 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 into 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 environment. Accordingly, a Draft Mitigated Negative Declaration has been prepared and notice of that fact was 1 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 identified in the Initial Study prepared for this project are infeasible or otherwise undesiorable. 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,* I 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, Resolution No. 95-41 Page 2 of 16 WHEREAS, on February 271 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. 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; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: Section 1: The subject property is approximately 41,867 square feet in area, which is adequate in size and shape to accommodate the existing and proposed use and for all of the required yards, setbacks, walls or fences, landscaping and other features required by the Automobile Service Overlay District or by the Conditions of Approval contained in the attached Exhibit "A" to adjust said use with those uses on abutting land and within the neighborhood. Section 2: That the subject property is located on Hawthorne Boulevard, a major arterial roadway, at the intersection of Granvia Altamira. These streets are properly designed to carry the type and quantity of traffic generated by the existing and proposed uses. Section 3: That, pursuant to the findings and mitigation measures contained in the Initial Study and Mitigated Negative Declaration prepared in conjunction with Environmental Assessment No. 667 for this project, there will be no significant adverse effect on adjacent properties or the permitted use thereof resulting from this project since mitigation measures as described in the Mitigation Monitoring Program and additional Conditions of Approval, as deemed appropriate by the Planning Commission and City Council, have been incorporated as part of this approval to reduce any impacts associated with this project to less than significant levels. Section 4: That the project is not contrary to the General Plan since the use is consistent with the goals and policies of the General Plan's Automobile Service Overlay Control District in that the conditions and mitigation measures imposed on the project recognize and preserve the unique characteristics of the neighborhood in which the project is sited. Resolution No. 95 -41 Page 3 of 16 Section 5: That in requiring certain safeguards, the City Council deems the following requirements to be the minimum necessary to protect the health, safety, and general welfare: a. Special setbacks and buffers; b. Fences and /or walls; C-0 Lighting; d. Regulation of points of vehicular ingress and egress; e. Regulation of noise, vibration, odors, etc.; f. Maintenance of the structures, grounds, and /or signs; g. Other such conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in the City's Development Code. Section 6: The existing automobile service and gasoline station is a permitted use under the Automobile Service Overlay Control District (OC-4), Through this application, the applicant seeks to expand the existing uses, as permitted under the provisions of the OC -4 Control District, by adding two new gasoline pumps and by expanding the existing structure to provide a convenience sales area. After construction, a total of seventy (70) percent (3,317 square feet) of the total building/ canopy area will be dedicated to the service and repair of automobiles and /or the sale of automotive fuel, and the remaining thirty (30) percent (1,450 square feet) will be used for the sale of convenience items. Although the new convenience sales area will result in the addition of an ancillary use on the property, the primary use of the property will remain as an automobile service station. The primary p Y purpose of the automobile service station is to provide the sale of gasoline and repair and service of automobiles. The proposed convenience sales area is an ancillary commercial use which is secondary and tied to the primary automotive uses on the property. Accordingly, conditions have been imposed which require that if either the sale of gasoline and /or automotive service uses on the subject property are discontinued, then the sale of convenience items shall cease, and the convenience sales area shall be closed immediately. Section 7: That other than the sale of alcoholic beverages which has not been permitted by the City Council in conjunction with this application, the proposed convenience store and the sale of general convenience foods, beverages, and goods will not contribute to the undesirable proliferation of such uses, based on consumer demand within the market area of the store since the proposed sales of convenience items will be auxiliary to the automobile service uses on the property, and since the sale of convenience goods is a permitted use under the Automobile Service Overlay Control District. Resolution No. 95 -41 Page 4 of 16 Section 8: The proposed convenience store will be of a design that respects the visual character of the site and is an enhancement to the surrounding area since the structure will be less than sixteen (16) feet in height and will be located a minimum of fifty-six ( feet from Granvia Altamira , and a minimum of ninety -two (92) feet from Hawthorne Boulevard. Additionally, the applicant will be required to install landscape buffers and planting areas to improve the aesthetic appearance of the property, and will be required to take measures to reduce trash and debris. Finally, in response to testimony presented at the public hearing, the City Council has incorporated additional conditions of approval requiring the facade of the structure to be resurfaced with stucco or similar material so as to give the appearance that the automobile service station structure is more residential in nature. Section 9: That due to the proximity of the existing 7- Eleven convenience store located directly across the street from the subject property which offers the sale of alcoholic beverages, the City Council has not approved the sale of alcoholic beverages from the subject property. Therefore, this approval will have no adverse affects to adjacent or nearby places of worship, schools, parks, recreation centers, playgrounds, or residences resulting from the proliferation of businesses which sell alcoholic beverages for consumption off -site. Section 10: The installation and operation of a propane tank has been denied through this Conditional Use Permit based on the determination that the proposed and alternative locations of the tank would be too close in proximity to adjacent public streets and to residential property lines, and that other alternative locations would not provide adequate circulation or access on the site. Additionally, the.City Council found that, in case of any leak of the propane tank, the proposed or alternative locations of the proposed propane tank would not be appropriate due to the existing adjacent residential properties, which are located downslope and below the level of the proposed tank. Section 11: That since the property is located within three hundred (300) feet of a residential boundary, restrictions on the hours of operation and hours during which deliveries may be made have been imposed which will avoid disruption of residents' sleep between the hours of eleven p.m. and six a.m. In addition, the City Council has required that the Planning Commission review the hours of operation six (6) months after the issuance of a Certificate of Occupancy to ensure that the Conditions of Approval contained in the attached Exhibit "A" are adequate to reduce noise impacts associated with the hours of operation on the subject property. At that time, the Planning Commission may impose more restrictive standards, as deemed necessary and appropriate. Resolution No. 95 -41 Page 5 of 16 Section 12: Pursuant to testimony presented at the public hearing, the City Council has imposed Conditions of Approval in addition to those imposed by the Planning Commission which will further reduce impacts associated with this project. These revisions preclude the sale of alcoholic beverages, operation of a car wash, and operation of a propane fuel tank. Those uses would only be allowed if a separate Conditional Use Permit is first approved by the City. In addition to prohibiting the sale of alcoholic beverages, operation of a car wash, and operation of a propane fuel tank in connection with this application, the City Council has imposed additional Conditions of Approval which: prohibit the sale and /or display of pornographic material, magazines, or periodicals in areas visible and /or accessible to the general public; require that the exterior facade of the automobile service building and convenience sales area be resurfaced with stucco or a similar material to give the appearance that the building is more residential in nature; require the rear parking lot area must be chained or otherwise secured to prevent access to the rear of the property after business hours; require the installation of motion sensors in the rear parking area which will activate security lighting in the event that persons access the rear parking area after business hours; require that the public telephones either be removed from the property or relocated to an area inside the convenience sales area no later than January 31, 1996; require that the owner/ operator of the convenience sales area shall notify the City of intent to sell California State Lottery tickets, P rior to beginning sales in order for the City to review and approve the proposed location /display of the lottery services; and, require that the Planning Commission review the entire Conditional Use Permit, including the hours of operation, six (6) months after the issuance of a Certificate of Occupancy to ensure that the Conditions of Approval contained in the attached Exhibit "A" are adequate to reduce impacts to properties surrounding the subject property. Section 13: The applicant has consulted the lists prepared pursuant to Section 65962.5 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 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 14: 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. Resolution No. 95 -41 Page 6 of 16 Section 15: For the foregoing reasons and based on the information and findings contained in the Initial Study, Staff Reports, minutes, records of the proceedings, and P.C. Resolution Nos. 95 -04 and 95 -05, which are each attached hereto by reference, the City Council hereby denies the appeal, thereby upholding the Plannin g Commission's decision and approving Conditional Use Permit No. 182 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 (excluding the sale of alcoholic beverages) at an existing automobile gasoline and service station located at 28103 Hawthorne Boulevard, subject to the mitigation measures contained in the Mitigation Monitoring Program prepared for the Initial Study and Mitigated Negative Declaration which are each hereby attached b reference, and subject to the Conditions of Approval contained •y "All are necessary to protect the in the attached Exhibit A which Y P public health, safety, and welfare. PASSED, APPROVED, and ADOPTED this 2nd day of May 1995. ATTEST: CITY 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, 19950 MAYOR ss the City of Rancho Palos Verdes, Resolution No. 95 -41 was duly and the said City Council at a regular ITY CLERK Resolution No. 95 -41 Page 7 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 182 - APPEAL 28103 HAWTHORNE BOULEVARD GENERAL 1. Within thirty (30) days following adoption of this Resolution, the applicant shall submit to the City a statement, in writing, that he has read, understands, and agrees to all Conditions of Approval contained in this Resolution. Failure to provide said written statement shall render this approval null and void. 2. Unless the Department of Fish and Game determines that this project is exempt from a filing fee imposed pursuant to Fish and Game Code Section 711.4 , the applicant shall submit to the City payment of such fee made payable to the County Clerk of Los Angeles, along with the County's documentation fee, no later than 48 hours after project approval. The applicant shall also be responsible for payment of any fines the Department of Fish and Game determines to be owed. Project approval is not operative, vested, or final until the filing fees are paid or a Certificate of Fee Exemption is properly completed. A minimum fee of $25.00 for documentation handling shall be submitted to the City within 48 hours of 'project approval for processing of the Certificate of Fee Exemption (De Minimus Impact Finding). 3. This Conditional Use Permit 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 first, to ensure compliance with all Conditions of Approval. 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. 4. At the time the six (6) month review is conducted, the Planning Commission shall consider the hours of operation for the facility, and may impose more restrictive standards, as deemed necessary to ensure that these Conditions of Approval are adequate to reduce impacts from noise associated with the hours of operation. 5e 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) . Resolution No. 95 -41 Page 8 of 16 6. 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. 7. If either the sale of gasoline and /or automotive service uses on the subject property are discontinued, then the sale of convenience items shall cease, and the convenience sales area shall be closed immediately. 8. The sale of alcoholic beverages, including but not limited to, beer, wine, distilled spirits, and /or similar beverages is not permitted in connection with this Conditional Use Permit. 9. The operation and /or construction of a car wash is not permitted in connection with this Conditional Use Permit. 10. The installation and operation of a propane fuel tank is not permitted in connection with this Conditional Use Permit. 11. Any accessory activities or services that change or intensify the use of the convenience store, including but not limited to automatic teller machines, video rentals, drive -up windows and sit down dining require prior review and approval by the Director of Planning, Building, and Code Enforcement. The Director has the discretion to refer the requested activity to the Planning Commission for review and consideration. 12. The existing public telephones located at the northeast corner of the property shall either be removed from the property or relocated to an area inside the convenience sales area no later than January 31, 19960 13. There shall be no amplified music outside the building. 14. The plans as submitted shall be revised to provide a minimum of one (1) restroom each for men and women. Each restroom shall comply with the requirements of the Americans with Disabilities Act (ADA). The restrooms shall be located and accessed solely from inside the building. 15. The sale and /or display of pornographic material, magazines, or periodicals in areas visible and /or accessible to the general public shall be prohibited. 16. The owner /operator of the convenience sales area shall notify the City of any -intent to sell California State Lottery tickets, prior to beginning sales in order for the Director of Planning, Building, and Code Enforcement to review and approve the proposed location /display of the lottery services. Resolution No. 95 -41 Page 9 of 16 HOURS OF OPERATION /DELIVERIES 17. 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 18. With exception to the delivery of gasoline products, no deliveries are permitted to the site between the hours of 9:00 p.m. to 6:00 a.m. daily. Gasoline products may be delivered to the site 24 hours a day, seven days a week. BUILDING /CONSTRUCTION 19. All mechanical equipment shall be screened and /or covered so that it is not visible or audible from adjacent residential properties. All mechanical equipment shall be located as far as possible from adjacent residential properties. Any roof mounted equipment shall be limited to the lowest height possible, and shall be screened in accordance with these conditions. 20. Appropriate sound insulation techniques and filters shall be utilized to minimize noise and odors emanating from the convenience store. 21. The exterior facade of the automobile service building and convenience sales area must be resurfaced with stucco or a similar material to give the appearance that the building is more residential in nature, subject to review and approval by the Director of Planning, Building, and Code Enforcement. In addition, the roof of the structure shall be painted or otherwise treated to blend in with the architecture, and reduce the commercial appearance of the structure. TRASH ENCLOSURES /LITTER REMOVAL 22. Trash enclosures, of a design subject to review and approval by the Director of Planning, Building, and Code Enforcement shall be integrated into the site landscaping and design. The owner /operator shall maintain the trash cans to prevent offensive odors and shall empty the trash cans on a regular basis. Trash cans shall be placed so as not to impair handicapped accessibility in the following locations: a. One (1) trash can shall be placed at or near the northeastern corner of the property (along Granvia Altamira) . b. One (1) trash can shall be placed at or near the southwestern corner of the property (along Hawthorne Boulevard) . Resolution No. 95 -41 Page 10 of 16 C, One (1) trash can shall be placed at the southwestern corner of the structure (near the auto service bays) e. One (1) trash can shall be placed at the southeastern corner of the structure (near the corner of the convenience store area). One trash can shall be placed at the entrance to the convenience store area. f. Two (2) additional trash cans shall be placed at appropriate intervals in the parking lot area. 23. The landowner /operator of the automobile service station and convenience store and /or his designee shall be required to inspect the entire property and the abutting public parkway (curb, gutter , and sidewalk) for any stray trash and/or litter which may have been deposited. The inspections shall be conducted on a daily basis between the hours of 3:00 - 5:00 p.m., and any said debris shall be picked up and deposited in appropriate trash receptacles. 249 The trash dumpster /refuse area enclosure on the property shall not exceed six (6) feet in height, and shall be equipped with a gate or doors which screen the receptacles from public or private view. The doors shall be equipped with self - closing features, and shall be locked when not being accessed by the owner /operator for removal or deposit of trash. 25. The landowner /operator is encouraged to work with the surrounding adjacent property owners on Santona Drive to arrange a cooperative agreement for. removing any trash and debris which may result from the convenience store and /or other activities on the subject property.. LIGHTING 26. All exterior lighting shall be shielded and directed downwards to prevent direct illumination of or towards adjacent properties. 27. 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. Resolution No. 95 -41 Page 11 of 16 28. 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. 29. Motion sensors shall be placed in the rear parking area which will activate security lighting in the event that persons access the rear parking area after business hours. The location of the motion detectors and associated lighting shall be subject to review and approval by the Director of Planning, Building, and Code Enforcement. LANDSCAPING 30. Prior to submittal of plans to the Division of Building and Safety for plan check, the owner/ applicant shall submit to the City a landscape planting and irrigation plan. Said plans shall be subject to review and approval by the Director of Planning, Building, and Code Enforcement prior to issuance of Building Permits. Prior to issuance of a Certificate of Occupancy or issuance of Final Building Permits, whichever occurs first, all landscaping and irrigation shall be installed in substantial conformance to the approved plans. The approved landscape planting and irrigation plans shall include the following: a. A minimum of eighty (80) percent drought tolerant plant materials. b. All selected trees shall be of a species that can be maintained not to exceed sixteen (16) feet in height. A maximum of two (2) queen palms, or similar palm species may be used as monument trees at the southeastern corner of the property (at the intersection of Granvia Altamira and Hawthorne Boulevard). C, The irrigation plan shall utilize drip irrigation and /or bubblers wherever possible. d. To the maximum extent possible, the landscape planting plan shall include species sufficient to provide a buffer and screen the subject property, including the buildings and parking lot areas, from neighboring residential properties. Resolution No. 95 -41 Page 12 of 16 e. With exception to the landscaped planting areas located at the southeastern corner-of the property (adjacent to the intersection of Hawthorne Boulevard and Granvia Altamira) , and the area located between the two driveways on Granvia Altamira, a minimum five (5) foot wide landscape buffer strip shall be provided along the street frontages along Granvia Altamira and Hawthorne Boulevard. f, The western and northern boundaries of the property shall be landscaped with a minimum eight (8) foot wide buffer, exclusive of any fences or walls placed at or near the property lines. g The square footage and configuration of the landscaped planting areas located at the southeastern corner of the property (adjacent to the intersection of Hawthorne Boulevard and Granvia Altamira), and the area located between the two driveways on Granvia Altamira shall conform substantially to the plans submitted to the City on September 29, 19940 h. Any "walkway" or otherwise accessible area located between the top of the slope along the northern property line and fencing as required by this approval shall be landscaped with a barrier type shrub (with thorns) to discourage pedestrian access on the northern side of the p fence. Similar landscaping material shall be in stalled on the southern side of the fencing, and for a minimum length of ten (10) feet along the western property line, near Hawthorne Boulevard. i. The use of outdoor carpeting, artificial plants, or similar materials in lieu of live plant material shall not be permitted in any of the required landscape planting areas. FENCING 31. A six (6) foot high solid fence, concrete block wall, or chain link fence with wooden slats shall be installed along the northern and western property line, as close as practical to the top of the slope. PARKING 32. The plans as submitted shall be revised to provide a minimum of one (1) loading zone space. If possible, the loading zone area shall be located in an area that is sufficiently screened from view from surrounding residential properties. All other parking spaces shall be provided in accordance with the plans submitted to the City on September 290, 1994. Resolution No. 95 -41 Page 13 of 16 33. Only vehicles scheduled for next day service or for pick -up after service may be parked on the property overnight. All interior service bays shall first be used for the overnight storage of vehicles. Overnight parking of vehicles out of doors shall only be permitted when all interior parking spaces have first been utilized. Any excess vehicles parked out of doors shall be parked either directly in front of the service bays, or along the western property line in an area sufficiently screened from view from surrounding residential properties. 34. During operating hours, employee vehicles and vehicles awaiting service shall be parked on -site in areas which are substantially screened from view from the public right -of -way and neighboring residential properties. 35, The renting of parking spaces ( f or a f ee or not f or a f ee) f or either the interior or exterior storage of vehicles, boats, trailers, trucks, etc., other than those vehicles scheduled for next day service or for pick -up after service, shall not be permitted. 36. The rear parking lot area must be chained or otherwise secured to prevent access to the rear of the property after business hours. Reflective material and /or signs shall be affixed to the barricade to improve nighttime visibility of the chain and reduce the potential for vehicles to impact the chain at night, The location and type of barricade shall be subject to review and approval by the Director of Planning, Building, and Code Enforcement. CONSTRUCTION /STRUCTURE 37. The maximum height of the new construction shall not exceed sixteen (16) feet, as measured pursuant to the provisions of Section 17.02.040 of the Rancho Palos Verdes Development Code. 38. All minimum setbacks shall be maintained as shown on the plans submitted to the City on September 29, 19940 39. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance to the plans as submitted to the City On September 29, 19940 40. During construction, the site shall be maintained free and clear of all trash and debris. All construction materials shall be neatly stored in an area substantially screened from surrounding residential properties. 41. In the event that these conditions conflict with the recommendations and /or requirements of another permitting agency or City department, the stricter shall apply. Resolution No. 95 -41 Page 14 of 16 AUTOMOBILE SERVICE 42. All servicing of vehicles shall be conducted within the existing building. Tire changes /repair, fuse and bulb service, oil changes, battery service, windshield wiper replacement, and other similar minor repair services which do not require the use of any noise emitting mechanical equipment may be conducted out of doors directly adjacent to the existing service bays; however, no noise emitting mechanical equipment (such as air compressors or "impact guns" used for tire changes) shall be used out of doors. 43. There shall be no outdoor storage of inoperable or dismantled vehicles on the property. MISCELLANEOUS 44. The site and store shall be continually maintained in a neat and orderly manner and operated as specified by this Conditional Use Permit. 45. Video and arcade games shall not be allowed. 46. With exception to minor automotive supplies (e.g., windshield wipers, motor oil) , the outdoor sale and /or display of merchandise shall not be permitted. 47. The applicant /landowner shall be required to obtain the following permits /approvals (additional permits and /or requirements may be imposed by other agencies or City departments): a. Permit from the Los Angeles County Health and Sanitation Department for the sale and preparation of food items. b. Permit from the Los Angeles County Agricultural Commissioner - Weights and Measures for the registration of new property ownership, and new gasoline fuel pumps. c. Approval from the Los Angeles County Department of Public Works - Waste Management Division for dispensing fuel and management of motor fuel waste products. d. Approval from the Los Angeles County Fire Department for the installation of new pumps. e . Approval from the Air Quality Management District (AQMD) for the nozzles, Stage II vapor capture system, and any soil contamination. Resolution No. 95 -41 Page 15 of 16 MITIGATION MEASURES PURSUANT TO ENVIRONMENTAL ASSESSMENT NO. 667 48. Unless otherwise modified herein, the landowner /applicant shall comply with all mitigation measures contained in the p Mitigation Monitoring Program prepared pursuant to the Initial Study /Mitigated Negative Declaration for Environmental Assessment No. 667® 49. The landowner /applicant shall be responsible for all costs associated with the implementation of the Mitigation Monitoring Program® Resoluiti®n Noe 95-41 Page 16 of 16