PC RES 2008-056 P.C. RESOLUTION NO. 2008-56
A RESOLUTION OF THE PLANNINGCOMMISSION F THE CITY OF
RANCHOL VERDES APPROVINGE NO. 200 0541
(CONDITIONAL USE PERMIT, VARIANCE, DINPERMIT, AND
ENVIRONMENTAL ASSESSMENT), F NEW TRADER JOE'S
GROCERY STORE BUILDING AND OTHERIMPROVEMENTS TO THE
GOLDENCOVE CENTER LOCATED T 31100 -- 31176 HAWTHORNE
BLVD., AND 31212 — 31246 PV DRIVET (COMMONLYK
THE GOLDEN COVE T
WHEREAS, on October 12, 1999, the Planning Commission adopted P.C.
Resolution No. 99-33 making certain environmental findings associated with Mitigated
Negative Declaration/Environmental Assessment No. 711, and adopted P.C. Resolution No
99-40 conditionally approving Conditional Use Permit No. 206, Grading Permit No. 2135,
and Variance No. 446 for the construction of a 12,600 square foot addition to an existing
77,500 square foot shopping center, for exterior fagade improvements, and for 1,220 cubic
yards of associated grading and a Joint Use Parking Program; and,
WHEREAS, on April 24, 2001, the Planning Commission adopted P.C. Resolution
No. 2001-08 conditionally approving Conditional Use Permit No. 206 Revision "A"to allow
the operation of the Peninsula Montessori School at the Golden Cove Shopping Center;
and,
WHEREAS, on May 27, 2008, the Planning Commission considered Case No.
ZON2007-00182 for improvements at the Golden Cove shopping center. The project
under consideration at that time was to demolish the existing restaurant building (Golden
Lotus) and construct a new Trader Joe's grocery store building with a gross floor area of
16,474 square feet of gross floor area; construction of a new subterranean parking
structure under the new market building and re-striping of the existing parking lot to
increase the overall number of parking spaces in the shopping center from 275 spaces to
356 spaces; and construction of additional courtyards and upgrades to the center. Lastly,
part of the proposal was to allow a pedestrian access gap in the wall between the shopping
center and the adjacent vacant property to the south; and,
WHEREAS, after hearing public testimony and discussing the merits of the project,
the Planning Commission echoed Staff's concerns with the view impairment resulting from
the height of the proposed building, and raised additional concerns with the project and the
project's proposed parking, and continued Case No. ZON2007-00182 to June 24, 2008 to
allow the applicant time to address the issues discussed by the Planning Commission;and,
WHEREAS, on June 24, 2008, the Planning Commission continued the public
hearing to August 12, 2008, at the applicant's request; and,
WHEREAS, on July 30, 2008, the applicant withdrew Case No. ZON2007-00182;
and,
P.C. Resolution No. 2008-56
Page 1
WHEREAS, on October 8, 2008, the property owner submitted new Variance,
Conditional Use Permit, Grading Permit and Environmental Assessment applications for
processing (hereinafter referred to as Case No. ZON2008-00541)with a modified project
and design; and,
WHEREAS, after review of the project applications, plans and traffic/parking studies,
and construction of the temporary silhouette, the project was deemed generally complete
for processing on November 12, 2008; 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
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-
00541 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 December 11, 2008, 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 HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The site is adequate in size and shape to accommodate the intended
uses since it measures 6.34-acres in area and the site already functions as a commercial
center. Further, the site is relatively flat and large enough in area to sustain the new
construction, the proposed parking meets the peak parking demands evidenced in the
parking and traffic reports that were reviewed and approved by the City's consulting Traffic
Engineer,who also found that the project will not result in an adverse situation with regards
to parking, and on-site and off-site circulation.
Section2: 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 because a
traffic impact study that was reviewed and approved by the City's Traffic Engineer,
indicates that it is not anticipated that the proposed project would degrade future traffic
conditions beyond acceptable levels and will not adversely impact off-site traffic patterns.
Section3: There will be no significant adverse effect on adjacent property or the
permitted use because mitigation measures have been incorporated that reduce the
potential impacts of Aesthetics, Geology and Soils, Hydrology and Water Quality, Noise,
and Transportation/Traffic. Further, additional conditions have been incorporated that
reduce the potential impacts of the building and other improvements. Further,the revised
P.C. Resolution No. 2008-56
Page 2
project includes a building height limited to 3'-3"above the highest ridgeline as established
by the Planning Commission and determined to not significantly impair views, and
conditions in the surrounding area have not changed since 1999 to warrant a lower height
that would address any changes. As such, the current project will have a less than
significant impact on views.
Section4: The proposed project is consistent with the General Plan's Commercial
Retail land use designation of the site, and with the types of land uses permitted within the
Development Code's Commercial-Limited zoning district. Further,the General Plan states
that commercial activities comprise approximately 1.7% of the total land area within the
City; thus, this project will result in an over-abundance of such sites and uses.
Furthermore, the proposed project is consistent with the Urban Element of the General
Plan in that the improvements will strengthen the established cohesiveness of the
commercial center and enhance the connection between commercial and civic activities,
since the project site is near the City's Civic Center.
Section 5: The subject property contains exceptional circumstances and
conditions that do not apply to other properties, which limits the ability to provide for the
required 30-foot setback from Hawthorne Boulevard and the required 20-foot setback from
the southern property line (abutting the 7-Eleven site), due to the configuration of the
property and the existing development of the site. The property is not a typical square or
rectangular shaped parcel that impacts the design layout of a structure while
simultaneously providing for sufficient parking. This is further exacerbated by the existing
built structures on site.
Section 6® The variance would not grant a special privilege not enjoyed by others
in the area or zone. The Golden Cove Center is the only parcel with a CIV (Commercial-
Neighborhood)Zoning designation. Further, other commercial retail properties in the City
do not contain irregular shapes, in that they are either rectangular or square in shape.
Furthermore, the new building will not encroach any further than the existing building; and,
lastly, due to the property configuration and the existing site layout,this is the only location
on the property that can accommodate a new building,which results in a new grocery store
within the required setback area.
Section 7: The granting of the variance will not be materially detrimental to the
residences upslope nor to the public. The existing restaurant building maintains a non-
conforming setback from the western property line(adjacent to 7-Eleven)and the northern
property line along Hawthorne Boulevard, and neither will be further reduced as a result of
this project. Additionally, the City's consulting Traffic Engineer has reviewed the proposal
and has found the proposed building location to not create an impact to traffic existing or
entering the Golden Cove Center. Lastly, although the current proposal will result in a
wider footprint (east/west) than what currently exists, the building footprint depth
(north/south) will be maintained so that the building does not encroach farther north
towards the street nor farther south, thereby allowing for a more efficient redesign in the
on-site traffic circulation. As such, the current project will not be materially detrimental.
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Section 8: The project is consistent with the General Plan's Commercial Retail
land use designation of the site, and with the types of land uses permitted within the
Development Code's Commercial-Neighborhood District, and the reduced setback does
not result in a project that contradicts the goals and objectives of the City's General Plan.
The proposed project accommodates services that serve the immediate neighborhood
while preserving the character of the Peninsula. Further, Consistent with the Urban
Element of the General Plan,the project is integrated with the Golden Cove Center. Lastly,
the development re-introduces a grocery store use that existed at the center for years.
action 9® The total grading is necessary for the permitted primary use of the lot,
and is necessary for the ultimate development of the structures and improvements on the
site. The underlying zoning designation permits commercial development that consists of
retail and office uses that serve the surrounding neighborhood, such as the existing
shopping center. Construction of the proposed Trader Joe's grocery store building will re-
introduce a use that previously existed on site; and the proposed grading will largely
accommodate construction of the new building. The quantity of grading does not exceed
that which will enhance the use of the site in that the grading is to build the structure and
other physical improvements at the Golden Cove Center, and will serve the center by
providing for additional patio and seating areas,which are amenities that benefit customers
of the center.
Section 10. The grading will not adversely impact any views from surrounding
properties since the requested earth movement will prepare the site for development of the
building and additional courtyard and patio areas. The grading will not affect the maximum
ridgeline height of the new building, and will not raise the grade of the site. The new
building will comply with the established height limitation of 3'-3" above the existing roof
height, which was determined to be a height that does not adversely affect views from
neighboring properties.
Saction 1l: The subject property was graded when the Golden Cove Center was
originally constructed prior to the City's incorporation, which voided the site of any natural
slopes and contours. As such, there is no concern with disturbance to the natural
contours.
Section 12: The grading is consistent with all other grading criteria, since the
project does not include grading and construction on slopes over thirty-five (35%) percent,
no finish slopes greater than 35% will be created; no fill or cut will occur on a slope
exceeding fifty(50%) percent; and exposed upslope and downslope retaining walls will not
exceed 8'-0" and 3'-6" high, respectively.
Section 13: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Chapter 17.80 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 January 7, 2009.
Section 14. For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
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Commission hereby approves Case No. ZON2008-00541 for a Conditional Use Permit,
Variance and Grading Permit, subject to the conditions of approval contained in the
attached Exhibit "B", attached hereto and made a part hereof, which are necessary to
protect the public health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 11th day of December 2008 by the
following roll call vote:
AYES: Knight, Perestam, Ruttenberg, Tomblin, Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: Gerstner, Lewis
RECUSALS s None
Step' en Perestam
Chairman
Joel of s, AICP
Dir ctor f Planni , ilding and
Co En rcement; and, Secretary
to the nning Commission
P.C. Resolution No. 2008-5�6_:
Page 5
Exhibit "B"
Conditions of Approval
Case No. ZON2008-00541
(Golden Cove Center Improvements, 20 08)
GENERAL
1 Prior to the submittal of plans into Building and Safety plan check, the applicant
and/or property owner shall submit to the City a statement, in writing,that they have
read, understand and agree to all conditions of approval contained in this approval.
Failure to provide said written statement within ninety(90)days following the date of
this approval shall render this approval null and void.
2. The approval shall become null and void after one year from the date of approval,
unless approved plans are submitted to the Building and Safety Division to initiate
the "plan check" review process.
3. All mitigation measures contained in the approved Mitigation Monitoring Program
contained in P.C. Resolution No. 2008-55 for the Mitigated Negative Declaration,
shall be incorporated into the implementation of the proposed project and adhered
to, and are incorporated herein by reference.
4. The proposed project, including site layout, the building and appearances, shall be
constructed and maintained in substantial compliance with the plans reviewed and
approved by the Planning Commission on December 11, 2008.
5. The approval of Case No. ZON2008-00541 allows for the following project at the
Golden Cove Center:
a) Demolish the existing restaurant building measuring 6,815 square feet
(formerly knows as the "Golden Lotus"), and construct a new Trader Joe's
grocery store building. The approved grocery store building is limited to
11,000 square feet of ground-floor retail area and 1,200 square feet of
mezzanine storage area above (12,200 square feet of total gross floor area).
The height of the proposed grocery store building is limited to an overall
height of 26'-3" (a maximum ridgeline elevation of 287.55').
b) The sale of general alcohol for off-site consumption (ABC Type 21 License).
c) Restriping and reconfiguring the existing parking lot from angled parking to
90* parking with 2-way drive aisles.
d) An increase in the overall number of parking spaces in the shopping center
to 296 spaces.
e) A courtyard area along the front of the existing two-story building.
f) Closure of the enter-only driveway from Palos Verdes Drive West to provide
additional common space to the area adjacent to Starbuck's Coffee.
g) Relocation of the existing trash enclosure as depicted on the site plan
approved by the Planning Commission.
h) A new pedestrian entry feature between the parking lot and the restaurants
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along the western portion of the site.
i) An outdoor, walk-up ATM.
6. All other conditions of approval contained in PC Resolution Nos. 99-39, 99-40 and
2001-08 shall remain in full force and effect. In the event of a conflict in the
conditions of approval between the aforementioned PC Resolutions and the
conditions of approval contained in this PC Resolution No. 2008-56, the conditions
contained herein shall prevail and apply.
7. The Conditions of Approval contained herein shall be subject to review and
modifications, as deemed necessary and appropriate by the Planning
Commission, six months after issuance of a final Certificate of Occupancy to review
the applicant's compliance with the conditions of approval. At that time, the
Planning Commission may add, delete or modify any conditions of approval as
deemed necessary and appropriate. Notice of said review hearing shall be
published and provided to owners of property within a 500' radius, to persons
requesting notice, to all affected homeowners associations, and to the property
owner in accordance with Rancho Palos Verdes Development Code Section
17.80.090. At that time, the Planning Commission may add, delete, or modify the
conditions of approval as deemed necessary and appropriate. As part of the six
month review, the Planning Commission shall consider the parking conditions,
circulation patterns,the hours of operation, lighting, and noise impacts, in addition to
other concerns raised by the Commission and/or interested parties. If necessary,
the Planning Commission may impose more restrictive standards and conditions to
mitigate any impacts resulting from the operation of the shopping center.
8. The Director of Planning, Building and Code Enforcement is authorized to approve
minor modifications to the approved plans or any of the conditions if such
modifications achieve substantially the same results as would strict compliance with
said plans and conditions. Otherwise, all other modifications shall be subject to
review and approval by the Planning Commission.
9. In the event that a Planning requirement and a Building &Safety requirement are in
conflict with one another, the stricter standard shall apply.
10. The hours of Demolition, grading and construction activities shall be limited to 7:00
a.m. to 7:00 p.m., Monday through Saturday. No construction shall be permitted on
Sundays or on legal holidays. Further, trucks shall not park, queue and/or idle at
the project site or in the adjoining public rights-of-way before 7:00 AM, Monday
through Saturday, in accordance with the permitted hours of construction stated
above.
11. The construction site shall be kept free of all loose materials resembling trash and
debris in excess of that material used for immediate construction purposes. Such
excess material may include, but is not limited to: the accumulation of debris,
garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials,
abandoned or discarded furniture, appliances or other household fixtures.
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CONDITIONAL USE PERMIT
12. The new Trader Joe's grocery store building shall be limited to a maximum of
11,000 square feet of retail floor area, with a maximum 1,200 square foot
mezzanine above. Thus, a maximum gross floor area of 12,200 square feet is
approved. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING
OFFICIAL, STRUCTURE SIZE CERTIFICATION IS REQUIRED BY A LICENSED
LAND SURVEYOR OR ENGINEER PRIOR TO BUILDING PERMIT FINAL OF THE
GROCERY STORE BUILDING.
13. The maximum overall height of Trader Joe's grocery store building is limited to 26'-
3". In no case, however, shall the maximum ridgeline elevation of the building be
higher than elevation 287.55'. SUBJECT TO REVIEW AND APPROVAL BY THE
BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A
LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO INSTALLATION OF
ROOF MATERIALS.
14. Hours of operation of the Trader Joe's grocery store is limited to 9:00am to 9:00pm,
Monday through Sunday.
15. Deliveries to the Trader Joe's grocery store building are permitted Monday through
Sunday, only between the hours of 5:00am to 7:30am and 9:00pm to 1 1:00pm.
16. A minimum of 296 parking stalls shall be provided on-site. Verification of the 296
parking stalls is required prior to building permit final for the Trader Joe's grocery
store building.
17. Of the 296 parking stalls provided, a maximum of 52 compact stalls is allowed.
18. The pedestrian feature approved in condition 5h above, shall be limited to a
maximum height of 12-feet in overall height.
19. The trash enclosure shall maintain a trellis over the enclosure.
20. The existing gap in the wall is allowed to remain; however, a solid door must be
installed and maintained that must remain closed and locked. The key to the lock
shall be kept and used by Dr. Cassie Jones, DVM, or her staff to access the
adjacent parcel. Said solid door shall be installed prior to submittal of"plan check"
for the improvements to the Golden Cove Center.
21. A parking program shall be developed and enforced by the property owner that
mandates parking by employees in the Golden Cove Center to park in the stalls
located along the eastern property line and to the rear of Building A (the existing
two-story building).
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22. Signage shall be posted throughout the parking lot limiting parking to no longer than
four hours. Said signage shall comply with the regulations of the California Vehicle
Code. The owner shall be required to obtain the necessary approvals from the
Sheriff's Department prior to building permit final for the grocery store building. The
owner and/or property manager shall be responsible for monitoring and enforcing
the time limitations.
23. A construction phasing plan shall be submitted for review and approval by the City's
Building Official and City Traffic Engineer prior to issuance of a building and/or
grading permit.
24. The applicant shall provide the Director of Planning, Building and Code
Enforcement with alternate locations and a reduced height for the outdoor walk-up
ATM. The Director will determine the final location and/or height of the outdoor
walk-up ATM prior to building permit issuance.
GRADING
25. A total of 1,835 cubic yards of grading is approved for the construction of the new
grocery store building, courtyards and the expansion of the patio area adjacent to
Starbucks.
26. The existing garden walls and landscaping between Palos Verdes Drive West and
the restaurants along the western portion of the site, shall be extended to close the
entry-only driveway to provide the additional patio area adjacent to Starbucks
VARIANCE
27. The proposed Trader Joe's grocery store building shall maintain a 15'-0" setback
from the northerly property line along Hawthorne Boulevard, and a 6-6" setback
from the southerly property line that is shared with 7-Eleven. SUBJECT TO
REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, SETBACK
CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR
ENGINEER PRIOR TO POURING OF FOOTINGS.
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