CC RES 1989-118RESOLUTION NO. 89 -118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING THE APPEAL, OF
ENVIRONMENTAL ASSESSMENT NO. 583 AND CONDITIONAL USE
PERMIT NO. 101 - REVISION "E" AT 28901 WESTERN AVENUE.
WHEREAS, BPT (South Bay) Associates and Trader Joe's
Company have requested an amendment to the original Conditional
Use Permit No. 101 for the "Terraces" Shopping Center to allow on-
site liquor sales with off-site consumption for the proposed
gourmet market located in suites 243 to 249 on Level "B" at 28901
Western Avenue; and
WHEREAS, on November 14, 1989, the Planning Commission
approved Conditional Use Permit No. 101 Revision "E"
(administratively redesignated from Conditional Use Permit
No. 149), and adopted the Negative Declaration; and
WHEREAS, on November 16, 1989, the applicants BPT (South Bay)
Associates and the Trader Joe's Company filed an appeal with the
City Council within 15 days of the decision of the Planning
Commission; and
WHEREAS, after notice pursuant to the Development Code, a
public hearing was held on December 5, 1989, at which time all
interested parties were given the opportunity to give testimony
and present evidence; and
WHEREAS, the City Council approved in concept the appeal and
directed Staff to prepare a resolution to include the Council
comments and conditions.
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 for the Environmental Assessment No. 583 and
Negative Declaration prior to making a decision on the project._
Based on this review the City Council finds that there will be no
significant environmental impacts or adverse effect on adjacent
property,or the permitted use resulting from this project due to
implementation of the conditions of approval contained in
Conditional Use Permit No. 101 Revision "E ",.which have been
incorporated into Exhibit "A ", attached hereto and made a part
hereof.
Section42: That the granting of the Conditional Use Permit
will not be contrary to the objectives of the Specific Plan II or
of the General Plan in that the proposed use complies with
Specific Plan II, the General Plan and zoning land use
designations.
Section 3: That the subject site is adequate in size and
shape to accommodate the intended use. The site conforms with the
minimum lot size and the proposed location on the mid-level serves
as a buffer to mitigate adverse impacts which might be caused by
adjacent incompatible uses.
Section 4,9. That the site is serviced by Western Avenue and
Caddington Drive whose capacity is adequate to serve the site
without suffering significant impacts to their level of service,
that the Final Negative Declaration for the "Terraces" Shopping
Center was subject to the conditions that securities be posted and
an application be made to Caltrans for mitigation measures on
Western and Caddington to be considered and implemented within a
three year period, and that Conditional Use Permit No. 101 -
Revision "E" contains conditions of approval which limit delivery
vehicle access to Western Avenue for levels "A" and "B" during the
extension of delivery hours for these levels to 24 hours, 7 days
per week, and that such extension will reduce traffic impacts on
these major thoroughfares during peak hours.
Section 5# That the establishment of unrestricted delivery
hours for levels "A" and "B" of the Terraces, responds to and is
consistent with Southern California Association of Government's
goal to remain pro-active on improving the air quality of the
area, in that it is also consistent with long range and regional
air quality management plans, minimizes conflicts with shopping
and delivery hours and reduces traffic on major highways during
peak hours.
Section 6# That the condition of approval requiring
deliveries to be aided by a battery operated power pallet jack and
battery operated forklift shall protect the adjoining residential
areas from noise due to the handling of merchandise at the site
during the late night and early morning hours.
Section 7- That based on the testimony presented to the City
Council, the annual review is not necessary as the requirements to
reduce noise and traffic have been incorporated in to conditions
of approval and shall be adequately implemented into the
commercial site to reduce negative impacts on adjoining
residential areas and insure that the proposed market would
provide a safe and convenient use to meet the needs of the area.
Section 8: For the foregoing reasons, the City Council of
the City of Rancho Palos Verdes does hereby approve the appeal,
thereby overruling the Planning Commission conditions of approval
of the Conditional Use Permit No. 101-Revision "E" and approves
Environmental Assessment No. 583 and Conditional Use Permit No.
101-Revision "E" with revised and amended conditions, attached
hereto and made a part hereof, which are necessary to preserve the
public health, safety and general welfare in the area.
Resolution No. 89-118
Page 2
PASSED, APPROVED, and ADOPTED this 19th day of December 1989.
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ATTEST: /1
City Clerk
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I
T TE;OF CALIFORNIA )
COUNTY OF LOS ANGELES } ss
CITY OF RANCHO PALOS VERDES }
If JO PURCELL, City Clerk of the City Council 'of the City of
Rancho Palos Verdes, hereby certify that the above Resolution
No. 89 -118 was duly and regularly passed and adopted by the said
City Council at a regular - meeting thereof held on the 19th day of
December, 1989.
CIT CLERK
CVT OF RANCHO PALOS VERDES
Resolution No. 89 -118
Page 3
EXHIBIT "Alt
CONDITIONAL USE PERMIT NO. 101 -Revision "E"
CONDITIONS OF APPROVAL
1. Conditions of P.C. Resolution No. 89-28 are revised to read:
11. Deliveries shall be limited to the hours of 7:00 a.m. to
6,:00 p.m. Monday through Friday, and 8:00 a.m. to 6-000
p.m. on Saturday and Sunday for Level "C" only.
Deliveries on Level "A" and "B" are permitted 2.4 hours, 7
days a week. Delivery vehicles to Level "All an "B" are
required to access exclusively from Western Avenue
between the hours of 6:00 p.m. to 7:00,a.m. Monday
through Friday and 6:00 p.m. to 8:00 a.m. Saturday and
Sunday,
19. Hours of operation for air blowers shall be limited to
7:00 a.m. to 5:00 p.m. Monday through Friday, 7:00 a.m.
to 49.00 p.m. on Saturday for Levels A and B and the front
portion (Western Avenue frontage) of Level C. No air
blowers shall be allowed at the rear of Level C. Air
Blower operations at 7.*00 a.m. shall commence on Level
,."A" then move up to Level "B" and the Western Avenue
frontage of Level "C". Air blowers are prohibited on
Sundays and Holidays. Mechanical parking lot cleaning
and trash collection shall be limited to 7:00 a.m. to
100000 P.M. Monday through Friday, 9:00 a.m. to 10#000
p.m. on Saturdays, Sundays, and Holidays.
2. No coin operated amusement machines shall be allowed on the
premises.
3. The hours of business operation (open to public) shall be
limited to 8:00 a.m. to 11:00 P.M.
4. No change in the type of goods marketed within "Trader Joe's"
shall occur without a change in the Conditional Use Permit.
The purpose of this condition is to prevent the conversion of
the approved Use from a gourmet market to a higher volume,
higher traffic convenience store.
5. All mechanically aided deliveries shall be by a battery
operated power pallet jack similar to Model #PDM25-106
presently in use, and the use of no other gas or propane
powered equipment shall be permitted. Use of a hydraulic tail
gate is prohibited from 6:00 p.m. to 7.*00 a.m. Monday through
Friday and 6:00 p.m. to 8:00 a.m. Saturday and Sunday. An
electric tail gate lift may be used during these hours.
Delivery vehicles shall not allow their engines to idle during
these hours.
Resolution No. 89-118
Page 4
6. All other conditions of Conditional Use Permit No. 101
(as previously amended) shall remain in force. In the event of
conflict, conditions of this amendment shall prevail
7. Delivery trailers no larger than 30 feet in length shall be
used. Trucks shall park so they do not impede traffic flow
during deliveries.
Resolution No. 89-118
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