CC RES 1994-031RESOLUTION NO. 94 -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL OF A
MITIGATED NEGATIVE DECLARATION IN ASSOCIATION WITH
ENVIRONMENTAL ASSESSMENT NO. 658 AND CONDITIONAL
USE PERMIT NO, 178 FOR AN AUTOMOTIVE SERVICE REPAIR
FACILITY AT 28732 HIGHRIDGE ROAD; THEREBY ADOPTING
THE MITIGATED NEGATIVE DECLARATION, PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on November 3, 1993, the City Council of the City of
Rancho Palos Verdes adopted Ordinance No. 294, which established an
"Automotive Service Overlay Control District" (hereafter "Overlay
Zone ") for eight sites within the City; and,
WHEREAS, the applicant, Steve Saporito, submitted
Environmental Assessment Noe 658 and Conditional Use Permit No, 178
for a 3,953 square foot automotive service facility with six
service bays, a 768 square foot office, and a 1,606.5 square foot
canopy area along the front facade of the building, for the
currently vacant property located at 28732 Highridge Road; and,
WHEREAS, the subject property at 28732 Highridge Road is
located within the Overlay Zone, which includes the pre- existing
Institutional zoning and land use designation, and which allows
Automotive Service uses and is, therefore, appropriately zoned for
the development of an automotive repair facility subject to the
approval of a Conditional Use Permit; 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
Regulation, 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 prepared an Initial Study
and determined that, by incorporating mitigation measures into the
Negative Declaration and project approval, there was no substantial
evidence that the adoption of Conditional Use Permit No. 178 would
have a significant effect on the environment. Accordingly, a draft
Mitigated Negative Declaration and Initial Study were prepared and
notice of that fact was given in the manner required by law; and,
WHEREAS, a duly noticed public hearing was held before the
Planning Commission of the City of Rancho Palos Verdes to consider
the proposed Mitigated Negative Declaration on December 14, 1993,
and January 11, 1994, at which time public comments on the Draft
Mitigated Negative Declaration, the Initial Study, and Conditional
Use Permit 178 were received by the Planning Commission; and
WHEREAS, on January 11, 1994, the Planning Commission adopted
P.C. Resolution�No. 94 -11 thereby adopting a Mitigated Negative
Declaration for Conditional Use Permit No. 178; and
WHEREAS, Environmental Assessment No. 658 and Conditional Use
Permit No. 178 were appealed by Ken Landau on January 24, 1994,
prior to the expiration of the fifteen day appeal period; and
WHEREAS, a duly noticed public hearing was held before the
City Council of the City of Rancho Palos Verdes to consider said
appeal on March 1, 1994, and May 3, 1994, at which time public
comments on Conditional Use Permit No. 178, the associated
Mitigated Negative Declaration, and Initial Study, were received by
the City Council.
WHEREAS, the Initial Study for Environmental Assessment No.
658 was amended to incorporate additional information which was
brought forward since the original circulation of November 24,
1993, and was re- circulated on April 11, 1994, for a minimum 20-day
period, to allow additional public review and comment in order to
comply with Public Resources Code Section 21064.5, a provision
P
newly added to CEQA, which became effective on January 1, 19940
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The City Council has reviewed and considered the
Initial Study, the proposed Mitigated Negative Declaration, the
public comments upon it, the mitigation measures attached hereto as
"Exhibit All which are also incorporated into Resolution No, 94- 32
for the denial of the appeal, and approval of Conditional Use
Permit No. 178, and finds, based upon the review and independent
judgement of the City Council, that the Mitigated Negative
Declaration was prepared in the manner required by law, and that
there is no substantial evidence that the adoption of Conditional
Use Permit No. 178 would have a significant effect on the
environment.
Section 2: Based on the foregoing, the City Council finds
that the adoption of the Draft Mitigated Negative Declaration and
mitigation measures made a part of the attached "Exhibit All are in
the public interest.
Resolution No. 94 -31
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Section 3: For the foregoing reasons and based upon the facts
contained in this Resolution, in the Staff Reports, the Initial
Study, Environmental Assessment No. 658, and other components of
the legislative record, in the proposed Negative Declaration, and
in the public Comments received by the Planning Commission and the
City Council, the City Council hereby denies the appeal, thereby
adopting the proposed Mitigated Negative Declaration associated
with Environmental Assessment No. 658 for Conditional Use Permit
No. 178 for the property located at 28732 Highridge Road,
Section 4: The time within which 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.
PASSED, APPROVED, and ADOPTED this 3rd day of May 1994,
ATTEST:
CITY
STATZ 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. 94 -31 as duly and
regularly passed and adopted by the said City Council at a regular
meeting held on May 3, 19940
Resolution No, 94 -31
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EXHIBIT A
MITIGATED NEGATIVE DECLARATION
ENVIRONMENTAL ASSESSMENT NO. 658
CONDITIONAL USE PERMIT NO. 178
28732 HIGHRIDGE ROAD
In addition to the conditions of approval required by Resolution
No. 94 -32 denying the appeal, thereby approving Conditional Use
Permit No. 178, the applicant shall comply with the following
mitigation measures.
SECTION I: MITIGATION MEASURES
Disposal of Hazardous Materials
116 The applicant shall comply with all City and County standards,
(including, but not limited to, the Los Angeles County
Sanitation District and Department of Water and Power) with
regard to the disposal of hazardous waste materials.
Noise Levels
2. All automotive repair services which generate noise above
existing ambient noise levels shall be required to occur
within the building constructed for the purpose of automotive
repair, which shall be constructed with masonry walls.
39 operations permitted outside of the building (if any) shall be
limited to: the retail sale of petroleum products; the supply
of air and water; tire changing which does not involve the use
of equipment which will generate noise above existing ambient
levels; battery servicing charging and changing; and the
installation of minor accessories, (e.g., windshield blades
and arms, gas caps, lamps, lamp globes).
4. The building shall be oriented in a manner which creates the
least amount of noise impacts to adjacent residences.
5. Decibel levels emitted from the site may not be audible at a
level in excess of 65 decibels as measured at the property
line of any adjacent residential property.
Resolution No, 94 -31
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Liaht and Glare
6. In order to preserve the neighborhood character of the
surrounding residential neighborhood, the hours of operation
for automotive repair businesses under Chapter 17.36 of the
Development Code are limited to 8:00 - 5:00 p.m., Monday
through Saturday. (Drop of f and pick up of vehicles, however,
shall be allowed from 6:30 a.m. to 7:30 p.m., Monday through
Saturday.) These limitations will negate the impacts of light
and glare to the surrounding residences during evening hours.
7. Lighting during the hours the business is not being operated
shall be governed by Chapter 17.54 of the Code, which
restricts the illumination of any properties other than the
one on which the light source is located.
8. The orientation of the building shall face outward toward the
street, thereby reducing the impact of light and glare on
neighboring residences.
Aesthetics
9. The applicant shall be required to install adequate
landscaping to create a buffer for the surrounding residences,
and to preserve the character of the neighborhood.
10. Any parking or storage of vehicles undergoing automotive
repair must be either housed in the automotive repair
building, or substantially screened from public view.
Drainaae Impacts
11. The applicant must demonstrate compliance with the National
Pollutant Discharge Elimination System Permit CA0061654,
issued by the Regional. Water Quality Control Board to the
County.
12. The applicant shall demonstrate compliance with all stormwater
quality management programs in the County of Los Angeles,
13. The applicant shall contact the Los Angeles County Sanitation
District's Industrial Waste Section in order to reach a
determination as to whether the project requires a permit for
Industrial Wastewater Discharge. If this permit is necessary,
the applicant/developer shall be required to forward a copy of
final plans for the proposed project to the Los Angeles County
Sanitation District for review and approval before beginning
project construction. A copy of the permit shall also be
Resolution No, 94 -31
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forwarded to the City of Rancho Palos Verdes prior to the.
issuance of any permits by the Building and Safety Division.
Parking
14. Any parking or storage of vehicles undergoing automotive
repair must be either housed in the automotive repair
building, or be substantially screened from public view.
15. Vehicles undergoing service must be parked within the
building. 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 adjacent
private residences.
16. All vehicles undergoing service must be stored within the
building (and not under the canopy) after business hours.
17. There shall be no outside storage of inoperable or dismantled
vehicles on the property.
18. Any tow trucks must be substantially screened from view during
the day, and stored within the facility of ter business hours*
19. The site shall be landscaped in a manner which screens the car
storage area from Highridge Road and the adjacent residential
area (Hillcrest Meadows). The existing foliage which abuts
adjacent properties shall be maintained at its present levels*
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