PC RES 2008-038 P.C. RESOLUTION NO. 2008-38
A RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF
RANCHO P L S VERDES DENYINGCASE NO. Z 2008-00091 FOR A
GENERAL PLAN AMENDMENT, ZONE CHANGE, CONDITIONAL U
PERMIT, VARIANCE, GRADING PERMIT, SIGN PERMIT, AN
ENVIRONMENTAL ASSESSMENT FOR PROPERTY AT 28103
HAWTHORNE BOULEVARD LOCATED T THE NORTHWEST CORNER
F HAWTHORNE BOULEVARDAND GRANVIALTA I
WHEREAS, a service station use has operated on the subject property at 28103
Hawthorne Boulevard since prior to the City's incorporation in 1973; and,
WHEREAS, after the City of Rancho Palos Verdes incorporated in 1973, the City's
first General Plan Land Use Map and Zoning Map were adopted, and identified the subject
property with a Residential Land Use and RS-4 zoning; and,
WHEREAS, the service station on the subject property operated as a non-
conforming use from 1975 to 1993 due to the underlying land use designation and zoning;
and,
WHEREAS, in 1993 the City adopted an Ordinance designating eight sites in the
City as part of an Automotive Service Station Overlay District(OC-4), whereby the subject
property was identified as one of the eight sites, allowing the continual operation of a
service station on residentially zoned property; and,
WHEREAS, on December 18, 2007, the subject property was the topic of a General
Plan Amendment Initiation Request (GPAIR) that was presented to the City Council, at
which time the City Council directed the applicant to proceed with formal requests for a
General Plan Amendment and Zone Change to accommodate a CVS Pharmacy building
because the underlying zoning, land use and Automotive Service Station Overlay District
do not allow for commercial uses; and,
WHEREAS, on February 19, 2008, Tricor Southwest, representing CVS Pharmacy,
submitted Case No. ZON2008-00091, applications for a General Plan Amendment, Zone
Change, Conditional Use Permit, Variance, Grading Permit, Sign Permit and
Environmental Assessment, for the subject property at 28103 Hawthorne Boulevard; and,
WHEREAS, on March 14, 2008 the project was deemed incomplete by Staff
pending the submittal of additional information; and,
WHEREAS, on May 5, 2008, upon submittal of all required information,the project
was deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
P.C. Resolution No. 2008-38
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Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement),the City of Rancho Palos Verdes prepared an Initial Study and determined that
with appropriate mitigation,there is no substantial evidence that the approval of ZON2008-
00091 would result in a significant adverse effect upon the environment and, therefore, a
Mitigated Negative Declaration has been prepared and notice of same was given in the
manner required by law; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on June 10, 2008, at which time all interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, on June 10, 2008,the Planning Commission continued the item to the
July 8, 2008 Planning Commission meeting to allow time for the applicant to address
concerns with the project's architectural design and height, the location of the building and
the associated Variance, the methodology used for the traffic report, and the financial
model used in the economic analysis; and,
WHEREAS, on June 25, 2008 the applicant submitted modified plans and updated
information to Staff; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on July 8,
2008, at which time all interested parties were given an opportunity to be heard and
present evidence; and,
WHEREAS, on July 8, 2008, the Planning Commission continued the item to the
August 26, 2008 Planning Commission meeting so that additional Planning Commissioners
can be present when a decision is made on the project; and,
WHEREAS, on August 26, 2008, the Planning Commission held a duly noticed
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence; and,
WHEREAS, on August 26, 2008, the Planning Commission continued the item to
the October 14, 2008, at the request of the applicant so that additional information could be
obtained regarding the recent announcement that CVS Pharmacy would be purchasing
Long's Drugs company; and,
WHEREAS, on October 14, 2008, the Planning Commission held a duly noticed
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
P.C. Resolution No. 2008-38
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Section 1: The proposed change in the General Plan Land Use Designation is not
warranted since there is already a commercial property across the street that serves the
immediate area. Further, additional commercial properties at the intersection will increase
the amount of traffic; whereas allowing for the eventual residential use of the property will
decrease the traffic generated from the subject property.
Section : The proposed change in the General Plan Land Use Designation is not
warranted to maintain the economic diversity of the City. The change would accommodate
a pharmacy/convenience store, which are uses that are found within the City and in the
adjacent cities that are in close proximity to the subject site. Thus, the General Plan
Amendment would create a possible over-saturation of such uses.
Section : For the foregoing reasons and based upon the information and
findings included in the Staff Report, Initial Study, Minutes and other records of these
proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby
recommends that the City Council:
a) Deny Case No. ZON2008-00091, thereby not changing the General Plan Land
Use Designation for property at 28103 Hawthorne Boulevard, located at the
northwest corner of Hawthorne Boulevard and Granvia Altamira from Residential
to Commercial; and,
b) Deny Case No. ZON2008-00091, thereby not rezoning the subject property at
28103 Hawthorne Boulevard from Single Family Residential (RS-4) to
Commercial-Limited (CL).
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.60.060,
17.76.040(H)and 17.80.070 of the Rancho Palos Verdes Municipal Code, any such appeal
must be filed with the City, in writing, and with the appropriate appeal fee, no later than
October 29, 2008
P.C. Resolution No. 2008-38
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PASSED, APPROVED, and ADOPTED this 14th day of October 2008 by the
following roll call vote:
AYES: Gerstner, Knight, Lewis, Perestam, Tetreault, Tomblin
NOES: Ruttenberg
ABSTENTIONS: None
ABSENT: None
RECUSALS: None
Step an Perestam
Chairman
Joelja , aicP
Direc r Planning, Ulding and
Coden rcement; and, Secretary
to theVanning Commission
P.C. Resolution No. 2008- 38
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