CC RES 1990-018RESOLUTION 90 - 18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DENYING THE APPEAL OF
CONDITIONAL USE PERMIT NO. 147, VARIANCE
1110. 236, GRADING APPLICATION N0. 1274, AND A
.NEGATIVE DECLARATION FOR ENVIRONMENTAL
ASSESSMENT N0. 578 FOR A COMMERCIAL BUILDING
AT 31270 PALOS VERDES DRIVE WEST, THEREBY
APPROVING THE PROJECT.
WHEREAS, Pan Asian Cultural Enterprise Incorporated has
requested approval of a conditional use permit, variance, and
grading application for a 28000 square foot commercial building
with subterranean parking; and
WHEREAS, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Development Code, public hearings were
held on October 18, November 14, and November 28, 1989 at which
time all interested parties were given the opportunity to be heard
and present evidence; and
WHEREAS, on December 12, 1989, within the appeal period, Mr.
John Douglass appealed this decision citing the significant
environmental impact of the project, specific impacts on residents
of Villa Capri and potential violations of City and State codes;
and
WHEREAS, on February 6, March 6, and March 20 1990, after
notice issued pursuant to the provisions of the Rancho Palos
Verdes Development .Code, the City Council heldpublic hearings at
which time all interested parties were given the opportunity to be
heard and present evidence; and
WHEREAS, the City .Council has weighed and-considered the
information and evidence.contained in the staff reports and
presented during the hearings by members of the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOTES HEREBY FIND, DETERMINE AND RE- SOLVE AS FOLLOWS:
Section 1: That the City Council has reviewed the initial
study and considered the information, evidence and argument
presented by the appellants andappl.icant prior to making a
decision on this project and determined that the project will not
have a significant effect.-on the environment if the recommended
mitigation measures are incorporated into the project. The
Council specifically adopts the reasoning and evidence set forth
in the Director of Environmental Services staff reports, and upon
that basis and upon the basis of its independent review, concludes
that the arguments and information presented by the appellant in
opposition to the project did not raise a fair argument that the
project may have significant effects on the environment.
Moreover, staff and the initial study presented credible,
substantial evidence that the project as mitigated with project
changes and conditions of approval pursuant to State CEQA
Guidelines Section 15070(b), will not have any significant adverse
effect on the environment.
Section 2.* That the site for the intended use is adequate in
size and shape to accommodate said use subject to the conditions
of approval included in Exhibit "A" attached hereto.
Section 3: That the site is serviced by Palos Verdes Drive
West, a major arterial street, whose traffic capacity is adequate
to serve the site without a significant effect on level of
service, and the applicant has been required in Exhibit "A",
attached hereto, to post security for various traffic and
circulation improvements that will further improve access to the
site.
Section 4: That the proposed grading meets the intent of the
City's grading criteria contained in the Development Code and is
not excessive in terms of the proposed development of the site.
Finished contours are reasonably natural, and lowering of the
natural grade has been permitted to protect the views of adjacent
residents.
Section 5*4 That there are extraordinary or exceptional
circumstances or conditions applicable to the property involved,
or to the intended use of the property, which do not apply
generally to other property in the same zoning district in that
the project site is substantially smaller than the minimum lot
size of the CN District; is located directly adjacent to
residential development (at a higher elevation) which was rezoned
and constructed subsequent to creation of this commercial lot* and
must provide 50 added parking spaces for an adjacent church.
Section 6.# That such variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant, which right is possessed by other property owners under
like conditions in the same zoning district in that the applicant
has lowered the elevation of the building and provided
subterranean parking to reduce below the level of significance the
visual impact of the building to the adjacent upslope residents.
In addition, the site is bordered by residential and institutional
use. As a result, placement of loading spaces in a location
permitted by the Development Code could not be accommodated
without negative effects on adjacent properties. Consequently,
location of loading spaces within the front yard setback, subject
to the conditions of approval in Exhibit "A" attached hereto,
minimizes adverse impacts on adjacent properties.
Section 7: That the granting of the variance will not be
materially detrimental to the public welfare or injurious to
property and improvements in the area in which the property is
located in that the loading spaces will be surfaced with a
Resolution No. 90 - 18
Page 2
i
turf block material and screened by landscaping to minimize their
visual impact.
Section 8: That the granting of the variance and conditional
use permit will not be contrary to the General Plan in that the
proposed use is consistent with the General Plan land use
designation for the site and the design and siting of the building
is such that negative sensory and visual impacts on adjacent
properties are avoided.
Section 9* For the foregoing reasons, and based upon the
information and findings-included in the staff report, as well as
minutes and the record of,proceedings before the Council, the City
Council of the City of Rancho Palos Verdes does hereby approve a
final Negative Declaration for Environmental Assessment No. 578,
and approves Conditional Use Permit No. 147, Variance No. 236,
and Grading Application No. 1274 subject to the conditions
contained in Exhibit "A", attached hereto and made a part hereof,
said conditions being necessary to preserve the public health,
safety, and general welfare*
PASSED, APPROVED AND ADOPTED this 17th day of April, 1990
MAY R
ATTEST*
City Clerk
ATE OF CALIFORNIA
OUNTY OF LOS ANGELES ss
CITY OF RANCHO PALOS VERDES
It JO PURCELL, City Clerk of the City Council of the City of
I
Rancho Palos - Verdes, hereby - certify that the above - Resolution No
90- 18 was..;duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 17th day of
April, 1990.
CITY
I I
UITX UbEhh
F RANCHO PALOS VERDES
Resolution No. 90 - 18
Page 3
.. EXHIBIT "A"
Conditions of Approval
._Conditional Use Permit:No..,.147
Variance No. 2361,
.Grading No 1274
Environmental Assessment No. 578
Standard Conditions,
1. These approves ls shal 1 expire ; one i.year from the date of this
action unless application for building permits is made. one,
one year extension may be granted by the Planning Commission
if requested -prior to expiration.:,,.
2. All of the recommendations made-by the City Engineer and the
City Geotechnical Consultant during their ongoing review of
the project shall -r-be incorporated into the approved plans.:
3. Sign permits shall be obtained from the Environmental Services
Department for all signs.
4. Trash enclosure walls shall be six (6) feet high and shall
have solid, self-closing gates.
5. All utilities exclusively serving the site shall be provided
underground, including cable television, telephone,
electrical, gas and water. All appropriate permits shall be
obtained for their installation. Cable television shall be
connected to the nearest trunk line at the developer's
expense,
6. All site runoff and drainage shall be approved by the City
Engineer and conducted to existing storm drain systems via
approved methods. Preparation and City approval:,of an erosion
control plan shall be required prior: to is,suance,of a grading
permit.
7. All exterior .lighting -shall be kept to minimum safety
standards* Fixtures shall be shielded so that only the
project site Is illuminated. There shall be no light
spillover allowed onto adjacent residential properties.
8. Roof-mounted mechanical equipment or antennae (including
satellite dishes) shall not be permitted with the exception of
elevator penthouses as approved by the Director of
Environmental Services.
9. Construction (including height, setbacks, lot coverage,
parking, and building configuration) shall substantially
conform to the plans approved by the Planning Commission. In
no event, shall the maximum elevation of any part of the
structure (except elevator penthouses approved by the
director) exceed 2581 elevation (as shown on the approved
Resolution No. 90 - 18
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plans,).
10. All grading, haul routes, landscaping, irrigation, exterior
lighting, walls and fencing, mechanical equipment and signage,
shall be subject to the review and approval of the Director of
Environmental Services prior to issuance of permits.
11. Traffic impact fees, as determined by the Director of Public
Works, shall be paid prior to issuance of certificate of
occupancy*
12.. Bonding, or equivalent security acceptable, to the Director of
Public Works, shall be provided for all necessary public
improvements related to the project. These improvements
include, but are not limited to.* a left turn pocket at Palos
Verdes Drive West to serve the project; curb, gutter,,
sidewalk, street overlay, median improvements, median and
parkway landscaping, bicycle path and associated signage and
striping for the preceding.,improvements. The amount and
duration of such security shall be determined by the Director
of Public Works
Environmental Services Conditions:
13. A minimum of 140 parking spaces (20% maximum compact) and two
(2) loading spaces,shall be provided. Fifty parking spaces
shall be made available to:St..Paul's Lutheran Church as
specified in P. C. Resolution 88-52.
14. Deliveries shall be limited to the hours of 7:00 am.to 6.*00 pm
Monday through Friday, and 29.00 pm to 6:00 pm on weekends.
15. Construction activities shall be limited to weekdays only from
7.900 am to 6:00 pm. All grading equipment shall be fully
equipped with mufflers to reduce noise levels during grading
activities.
16. All mechanical equipment shall be housed in enclosures
designed to attenuate noise..to a level of 45.dBA.at the rear
,property line. No mechanical equipment shall be allowed
within the rear setback area..
17. Uses shall be limited to those uses permitted within the CN
(Commercial Neighborhood) District except as follows:
restaurants, night clubs, bars, commercial entertainment, and
medical clinics are prohibited.
18. No retail use shall open for business between 12:00 midnight
and 7:00 am.
Resolution No. 90 - 18
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19. Architectural elevations shall be subject to the review and
approval of the Director of -'Environmental - Servi"cese The
'Director shall use, but not be limited to the following
criteria in reviewing the elevations.
-privacy of adjacent uses
-view 'impact
-variations in vertical and horizontal planes
-use of materials and colors that complement adjacent
structures
-no-'space frame
20. Operdble windows'shall -be requirod.,
21. Reflective or�-mirroxed glass shall not,be permitted on'the
exterior of the building.
22. Lot sweeping, use*of air blowers, and garbage collection'or
other site maintenance activities shall not occur between the
hours of 10:00 pm and 7:00 am. Mechanical Blowers shall be
further restricted to use as specified by Chapter 8.16 of the
Municipal Code.,
23*- A-City Covenant to Protect Views shall be submitted prior to
issuance of building permits. The covenant shall specify that
vegetation shall not be permitted to grow higher than the
approved ridgeline of the structure.
24. Access to subterranean parking shall be controlled during non-
business hours.
25. Loading areas shall be surfaced with turfblock.
26. The developer shall participate in,'and pay any fee required
by, any art in public places program adopted on or before
December 31, 1990 by the City Council,
270 Final approval'of the proposed surface parking and loading
configuration is subject to the applicant obtaining an access
easement from St. Paul's Lutheran Church to ensure that
necessary back-up and driveway areas remain available,
28. The applicant shall, within 30 days of this approval,
acknowledge in writing that all conditions of approval have
been read, understood and accepted, otherwise, this
Conditional Use Permit shall be void.
29. The stairway connecting the project to the adjacent Golden
Cove Shopping Center shall be relocated westward to a location
approved by the Director of Environmental Services.
Resolution No. 90 - 18
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