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CC RES 1990-017RESOLUTION NO. 90-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S DECISION, THEREBY APPROVING A TIME EXTENSION FOR CONDITIONAL USE PERMIT NO. 146 TO ALLOW THE PERIODIC PARKING OF MOBILE DIAGNOSTIC IMAGING VANS AT 29000 WESTERN AVENUE* WHEREAS, on September 26, 1989, the Planning Commission adopted Resolution No. 89-54 approving Conditional Use Permit No. 146 and adopting a Negative Declaration for Environmental Assessment No. 576, to.. ,a-111ow the period-1: e- parking of mobile diagnostic imaging vans at 29000 Western Avenue, limited to a period of 180 days from the date of approval; and WHEREAS, on January 8, 1990, Fidelity Radiology Medical Group requested a one-year extension of Conditional Use Permit No. 146; and WHEREAS, on February 27, 1990, the Planning Commission adopted Resolution No. 90-08 approving a one-year extension of Conditional Use Permit No. 146, with no further extensions; and WHEREAS, on March 7, 1990, Dr. George Taus, the applicant, appealed the decision of the Planning Commission within the 15-day appeal period specified in the City's Development Code; and WHEREAS, after notice pursuant to the City's Development Code, a public hearing was held on April 2, 1990, at which time all interested parties were given the opportunity to give testimony and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That there will be no significant environmental impacts resulting from this project due to the implementation of the mitigation measures contained in the Negative Declaration for Environmental Assessment No. 576, which have been agreed to by the applicant and incorporated into conditions of approval in Exhibit "A", attached hereto and made a part hereof. Section 2,* That the subject site is adequate in size and shape to accommodate the intended use, since the parking lot is to be used after hours only and provides sufficient parking area for the vans. Section 3: That access to the site is from Western Avenue, a major commercial thoroughfare, whose traffic capacity is adequate to serve the site without suffering significant impacts to its level of service. Section 4: That the mobile diagnostic operation provides a beneficial service to the community that is not otherwise available in the City or nearby, and that City control over the operation will be maintained through annual extension reviews by the Director of Environmental Services and/or the Planning Commission, Section 5.* That there will be no significant adverse effect on the adjacent properties from the proposed use, when subject to the conditions in Exhibit "A", limiting the location of the van and its hours of operation, and limiting the length of the permit to one year, with provision for additional extensions. Section 6: That the granting of the Conditional Use Permit will not be contrary to the objectives of the General Plan since the site is designated and zoned for commercial uses. Section 7: For the foregoing reasons and based on information and findings provided in the Staff report, minutes, and proceedings at meetings, the City Council of the City of Rancho Palos Verdes does hereby uphold the appeal of the Planning Commission's decision, and thereby approve the extension of Conditional Use Permit No. 146 subject to the conditions contained in Exhibit "A"Y attached hereto and made a part hereof, which are necessary to preserve the public health, safety and general welfare. APPROVED and ADOPTED this 2nd day of April, 1990. AY - OR ATTEST: City Clerk StWte of California County of Los Angeles ss City of Rancho Palos Verdes It JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 90-17 was duly and regularly passed and adopted by the said City Cou 1 at a regular meeting thereof held on April 2, 1990. le-\ City Clerk City if Rancho Palos Verdes Resolution No. 90-17 Page 2 EXHIBIT "All CONDITIONS OF APPROVAL Conditional Use Permit No. 146 and Environmental Assessment No. 576 10 The van shall be parked parallel to and along the west side of the office building, between the building and Western Avenue. 2. The hours of operation for the van, including arrival upon and departure from the site, shall be not earlier than 6:00 p.m. or later than 9,:30 p.m. on Monday through Friday, and not earlier than 8.-00 a.m. or later than 8,-.00 p.m. on Saturday. The van shall not operate on the site on Sundays. There shall be no overnight parking. 3* The truck engine shall not run while the truck is parked. 4. Prior to issuance of the Conditional Use Permit, an ingress and egress route which prohibits traffic around the back (east) of the building shall be approved by the Director of Environmental Services* 5. No additional signage relative to this operation shall be permitted on this site. 69 The Conditional Use Permit shall be in effect for a period of one year from the date of approval. After the first year of operation, the applicant shall submit a revised plot plan to investigate an appropriate location which would include screening and other mitigation measures, for review by the Director of Environmental Services. The Director of Environmental Services, at his discretion, may approve additional one year extensions, but shall bring this Conditional Use Permit back to the Planning Commission for revocation consideration at such time as 3 or more violations occur within the one year permit period. Nothing in this approval shall limit the Planning Commission's authority under Municipal Code provision 17.70.033* 7* The applicant and landowner shall file a statement, in writing, with the City within thirty (30) days of this approval, that they have read, understand, and consent to the conditions herein imposed on the project. Failure to file such a statement shall automatically render this approval null and void. 89 A City landscape covenant restricting the height of vegetation to protect views shall be submitted prior to issuance of the Conditional Use Permit. Resolution No. 90-17 Page 3 90 No independent power generation (gasoline or diesel generator) shall be permitted. All power shall be by direct electrical connections with the Fidelity Federal Building through approved and permitted electrical connections, Resolution No, 90-17 Page 4