CC RES 1994-032RESOLUTION NO. 94 -32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DENYING THE APPEAL OF
CONDITIONAL USE PERMIT NO, 178 FOR AN
AUTOMOTIVE SERVICE REPAIR FACILITY AT 28732
HIGHRIDGE ROAD; THEREBY APPROVING THE PROJECT.
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
Control District ") for eight sites within the City; and,
WHEREAS, the applicant, Steve Saporito, submitted
Environmental Assessment No. 658 and Conditional Use Permit No, 178
to construct 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, on 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, as well as an
Overlay District 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 draft Mitigated Negative Declaration and the proposed project
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, a Negative Declaration associated with Environmental
Assessment No. 658 was prepared in compliance with CEQA
requirements, and that the Planning Commission adopted a Mitigated
Negative Declaration through P.C. Resolution No. 94 -2 on January
11, 1994, and considered the information and conclusions contained
in said document prior to taking action on this project; and,
WHEREAS, Conditional Use Permit No. 178 and Environmental
Assessment No. 658 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
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: That the use of the site as a gasoline service
station was not abandoned or discontinued during the period when
the government- mandated clean up work was completed.
Section 2: That the currently vacant site for the intended
use is adequate in size and shape to accommodate said use and for
all of the yards, setbacks! walls or fences! landscaping and other
features required by this title or by conditions imposed under the
Automotive Service Overlay Control District to adjust said use with
those on abutting land and within the neighborhood. The site was
previously used as an full service gasoline station with three
automotive service bays. As mitigated and conditioned, the
proposed use would not have a significant impact on the
environment. Further, no complaints were received by the City
concerning the prior use, a full - service gasoline station, and the
proposed use would generate less impacts when compared to the
original use.
Section 3: That the site for the proposed use relates to
streets and highways properly designed to carry the type and
quantity of traffic generated by the subject use in that the side
is bounded by two arterials which adequately served the previous
Resolution No. 94 -32
Page 2 of 11
full service gasoline station use; and this use will generate less
traffic, both on and off the site.
Section 4: That, in approving the subject use at the specific
location, potential significant adverse effect on adjacent property
or the permitted will be reduced to a level of insignificant impact
through the mitigation measures incorporated into the Mitigated
Negative Declaration, and the conditions of approval attached
hereto as Exhibit "A."
Section 5: That the project is not contrary to the General
Plan since the use is consistent with the General Plan's Automotive
Service Overlay Control District goals in that the conditions and
mitigation measures imposed on the project recognize and preserves
the unique characteristics of the neighborhood in which the project
is sited.
Section 6: That, in reviewing the project, and in
consideration of the criteria listed below, the City Council deems
that the project satisfies the criteria listed below, which are the
minimum necessary to protect the health, safety and general
welfare:
a. Special setbacks and buffers.
b. Fences and /or walls.
C, Lighting
d. Regulation of points of vehicular ingress and
egress
e. Regulation of noise, vibration, odors, etc.
f. Requiring landscaping and maintenance thereof.
g. Requiring maintenance of the structures, grounds,
and /or signs.
h. Requiring service roads and /or alleys when
practical.
i. Such other conditions as will make possible
development of the city in an orderly and efficient
manner and in conformity with the intent and
purposes set forth in this title.
Section 7: For the foregoing reasons and based on the
information and findings included in the Initial Study, Mitigated
Negative Declaration, Staff Report, and records of the proceedings,
the City Council hereby denies the appeal, thereby approving
Conditional Use Permit No, 178, subject to the conditions contained
in Exhibit "A," attached hereto and made a part hereof, which are
necessary to preserve the public health, safety, and general
welfare in the area.
Resolution No. 94 -32
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Section 8: 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.
MAYO
ATTEST:
CITY 1- CLERK
STAYE 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 -32 as duly and
regularly passed and adopted by the said City Council at a regular
meeting held on May 3, 19940
Resolution No, 94 -32
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 178
28732 HIGHRIDGE ROAD
In addition to the conditions of approval required by Resolution
No. 94 -31 denying the appeal, and thereby approving the Mitigated
Negative Declaration for Environmental Assessment No. 658 (repeated
herein under "Section I - Mitigation Measures "), Conditional Use
Permit No. 178, the applicant shall comply with the following
requirements.
SECTION I: MITIGATION MEASURES
Disposal of Hazardous Materials
1. 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.
3* operations permitted outside of the building shall be limited
to (if any) : 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, subject
to City Staff approval.
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 -32
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Light 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
90 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, subj ect to
City Staff approval.
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.
Drainage 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 f or
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, or a letter
indicating that no such permit is required, shall also be
Resolution No. 94 -32
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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.
Parkins
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.
SECTION II: CONDITIONS OF APPROVAL
Agreement to Comply with Conditions of Approval
1. Within thirty (30) days of this approval, the applicant shall
submit, in writing, a statement that they have read,
understand, and agree to comply with all conditions of
approval contained in this exhibit. Failure to provide such
a statement shall render this approval null and void.
2. This Conditional Use Permit shall be reviewed by the Planning
Commission one year from the date this Resolution is approved
to ensure compliance with all conditions of approval, and may
be modified at that time if deemed necessary by the Planning
Commission.
Setbacks and Building Height
3, Minimum setbacks for the project shall be ten feet from any
property line, and shall substantially conform to the plans
approved by the City Council (10 feet at north and east sides;
51 feet at the west side; and 54 feet at the south side),.
Resolution No. 94 -32
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4. The maximum allowable building height shall be 21 feet as
measured from the highest grade adjacent to the structure.
Aesthetics
5. The exterior architectural design of the structure shall be
modified to more closely approximate the appearance of a
single family residence, with the final design subject to the
review and approval of the Director of Planning, Building, and
Code Enforcement. Design treatments shall include, but not be
limited to, the inclusion of a mansard roof with a steeply
angled pitch, as well as exterior color and material treatment
of the building, to more approximate a residential structure.
Curb Cuts
b. The curb cut and driveway apron on Highridge Road, located
closest to Armaga Springs Road shall be eliminated. All other
existing curb cuts and driveways must remain in their present
configuration. Any modifications shall be subject to the
review and approval of the Director of Public Works.
Tnw Trti nk
7. One tow truck shall be permitted on -site. The tow truck must
be substantially screened from view during the day, and stored
within the facility after business hours.
Landscaping
89 The area along the Crestridge. Road streetside shall
incorporate a combined wall height and planted materials which
shall be maintained at a height of 48 ". The area along the
Highridge Road streetside shall incorporate a landscaped area,
setback a minimum of 10 feet from the streetside property line
to a maximum height of 6 feet, so as to screen 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.
A landscaping plan for the property is required, which shall
be subject to the review and approval of the Director of
Planning, Building, and Code Enforcement.
9. Landscaping (planted areas) on the site shall dedicate a
minimum of 18.70 of the total lot area to landscaping.
Resolution No, 94 -32
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10 . All areas which are not planted or used for building area must
be P aved to meet City specifications (minimum three -inch
asphalt concrete) , and are subject to the review and approval
of the Building and Safety Division.
Trash Enclosure
ash enclosure on the property is limited to 6' -0" in
11. The trash P ,
height, and shall be equipped with a gate which screens the
receptacles from public view. Specifications for the trash
enclosure are subject to the review and approval of the
Director of Public Works.
Restrooms
12. The restrooms shall conform substantially to the approved
plans and shall be located inside the office and waiting room
portion of the facility.
Lighting
13. Exterior lighting shall conform to the requirements of
Development Code Section 17.54.0300
Drainage and Stormwater
14. Drainage and stormwater runoff are subject to the review and
approval of the Los Angeles County Department of Public Works,
as well as the City's Department of Public Works, and Building
and Safety Divisions. The applicant shall provide the
Director of Planning, Building and Code Enforcement with
written confirmation from the County that their stormwater,
drainage, clarifying systems and any other County requirements
have been met prior to the issuance of a Certificate of
occupancy by the Building and Safety Division.
Loitering
15. There shall be no loitering on the property by persons other
than those who have direct business with the automotive
service facility, persons who are employed on the property, or
persons who have been invited on the property by the property
owner or his employees.
Signage
16. A monument sign is permitted at the southwest corner of the
lot to a maximum height of 4811, including any berm. All other
si g nage must comply with Development Code Section 17.52.060, and is subject to the review and approval of the Director of
Planning, Building, and Code Enforcement.
Resolution No, 94 -32
Page 9 of 11
Hours and Operations Permitted
17. Hours of operation shall be limited to Monday through
Saturday, 8:00 a . m. through 5:00 p . m. Any modifications shall
require a revision to this permit. However, drop off and pick
up of vehicles shall be allowed from 6:30 a.m. to 7:30 p.m.,
Monday through Saturday.
18. No other sales activities may occur during the hours that the
repair facility is closed for business (i.e., Sundays, or
bef ore 8: 0 0 a, m . or of ter 5: 0 0 p . m. Monday through Saturday) .
However, drop off and pick up of vehicles shall be allowed
from 6:30 a.m. to 7:30 p.m., Monday through Saturday.
19. There shall be no machinery noise (e.g., air compressors or
other mechanical equipment) occurring before or after the
hours of operation.
20. There shall be no amplified music outside the building.
21. Services which may occur outside the building are those which
do not generate noise levels above existing ambient noise
levels, and are limited to the following:
1. The retail sale of petroleum products.
2. The supply of air and water.
3. Tire changing.
4. Battery servicing, charging and changing.
5. Installation of minor accessories such as windshield
blades and arms, gas caps, lamps lamp globes, and
performance of minor repair jobs.
22. The installation of a pay telephone shall be allowed inside
the automotive repair building.
23. The sale of non - automotive products including cigarettes,
snack foods, soft drinks, etc., is not permitted.
24. The sale of automotive products which are not directly
related to automotive repair, such as radios, floor mats,
seat covers, and other accessories, is not permitted.
Department of Fish and Game Reauirement
25. 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
Resolution No. 94 -32
Page 10 of 11
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).
Compliance with Conditional Use Permit
269 All conditions shall be complied with and maintained in a good
faith effort from the applicant. This approval may be revoked
by the City if any of these conditions of approval are not
complied with.
27. Any future modifications to the structure, lot coverage,
signage, or any of the conditions listed above shall be
subject to the review and approval of the City.
DJ28:178RES.CC
Resolution No. 94 -32
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