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PC RES 2010-023 P.C. RESOLUTION NO. 2010-23 A 'RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A CONDITIONAL USE PERMIT REVISION AND A SIGN PERMIT, TO CONSTRUCT A 27'-6" TALL, 1,044FT2 TWO-STORY ADDITION (610FT2 GROUND FLOOR & 434FT2 UPPER FLOOR) FOR A NEW "EXTRAMILE" CONVENIENCE STORE AND AN OFFICE; SIX ADDITIONAL STANDARD PARKING SPACES AND ONE LOADING SPACE; ADDITIONAL LANDSCAPING ALONG THE PROPERTY LINES; UPGRADING THE EXISTING MONUMENT SIGN; TWO "EXTRAMILE" IDENTIFICATION SIGNS; AND AN EXTERIOR MODIFICATION TO AN EXISTING CHEVRON GAS STATION AND CAR WASH FACILITY LOCATED AT 27774 HAWTHORNE BOULEVARD. WHEREAS, on November 23, 1999, the Planning Commission adopted Planning Commission Resolution No. 99-42, approving Conditional Use Permit (CUP) No. 208, allowing the sale of non-automotive items and an Automated Teller Machine (ATM) within the 407ft2 cashier area of the existing car wash building. As part of the condition of approval, a 3-month review to assess the applicant's compliance of the conditions was required; and, WHEREAS, on February 23, 2001, the Planning Commission reviewed the applicant's compliance with the conditions of approval and received and filed the report (7-0) via minute order; and, WHEREAS, on November 25, 2009, the applicant submitted a revision to Conditional Use Permit No. 208, Sign Permit, and Environmental Assessment, a request to demolish an existing patio area and constructing a new two-story structure in its place, consisting of a convenience store ("ExtraMile") at the lower floor and an office on the upper floor. The request also includes conversion of the existing boutique and office into a convenience store ("ExtraMile"); and, WHEREAS, on December 18, 2009, the project was deemed incomplete based on missing information; and, WHEREAS, on May 4, 2010, the project was deemed complete after subsequent reviews; and, WHEREAS, a notice was published on May 27, 2010, pursuant to the requirements of the Rancho Palos Verdes Development Code; 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 Regulations, 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 ZON2009-00469 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, P.C. Resolution No. 2010-23 Page 1 WHEREAS, on June 22, 2010, the Planning Commission continued the proposed project to July 13, 2010 meeting, in order to allow the applicant to redesign the project to address the concerns expressed by the Planning Commission; and. WHEREAS, on July 13, 2010, 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 HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the proposed project is to construct a 1,044ft2 two-story addition (610ft2 ground floor & 434ft2 upper floor) to an existing Chevron gas station and car wash facility. The proposed maximum height is 27'-6", as measured from the point where the lowest foundation or slab meets finished grade, to the ridgeline or the highest point of the structure. The proposed 610ft2 ground floor addition and a portion of the existing boutique and office will be converted to a new convenience store area ("ExtraMile"). The proposed 434ft2 upper floor will be used as an office space, located above the existing car wash tunnel. The proposed upper floor will also include a 528ft2 balcony. The project also includes six additional standard parking spaces and one loading space; additional landscaping along the property lines abutting Hawthorne Blvd. and Highridge Rd.; upgrading the existing monument sign to include the "ExtraMile" convenience store; two "ExtraMile" identification signs on the new upper floor building fagade; a trellis at the end of the car wash tunnel; a trellis over the proposed balcony; and an exterior modification to the existing Chevron gas station and car wash facility. Section 2: That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features or by conditions to integrate said use with those on adjacent land and within the neighborhood. More specifically, the one-story addition will be constructed in the same general size and location of the existing outdoor patio area. A more narrow waiting area with benches will be available on the north and west side of the proposed addition. The second story addition will be over an existing car wash tunnel and therefore will not require additional area on site. In addition, as required per RPVMC §17.40.070.0.1.2 (Automotive Service Station Overlay), the proposed project meets the minimum setback of 10' (55' proposed from the closest property line) from any property line and additional landscaping is proposed within the 10' setback along the street frontages. Furthermore, the existing car wash, gas station, and sale of non- automotive uses required two parking spaces on site. The new uses require seven additional parking spaces on-site. A total of nine parking spaces are being provided, compliant with the Code required number of parking spaces for the proposed uses. Moreover, directional signs are proposed as part of the pending project to direct vehicles in opposite directions for each fuel island to ensure adequate circulation pattern on site and the two proposed parking are designated as "employee only" to address parking accessibility. Section 3: That the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. The increased trip generation resulting from the proposed convenience store and office addition will be nominal and not substantial enough to cause adverse impacts to the level of service standard for designated roads or highways. Therefore, the proposed project would cause less than significant impact to the service standard established by the county congestion management agency. P.C. Resolution No. 2010-23 Page 2 Section 4: That, in approving the subject use at the specific location, there will not be a significant adverse effect on adjacent property or the permitted use thereof. The existing site has the following uses: gas station, car wash, office, and sale of non-automotive items. Adding a new convenience store use to a facility that already includes sale of non-automotive items does not create a significant adverse impact. Additionally, there will not be a significant adverse effect in regards to parking, traffic circulation, lighting, and noise because the pending project proposes a sufficient number of parking spaces, includes mitigation measures to ensure an adequate circulation pattern, incorporates mitigation measures so that lighting will be consistent with the City regulations, and new mechanical units will be screened within a parapet on the rooftop. The proposed project also includes residential elements, such as stucco exterior, red tile mission the roof, wooden trellises, decorative foam trim, and balcony to integrate the commercial facility with the residential surrounding. Section 5: That the proposed use is not contrary to the General Plan since the proposed convenience store is a use that is allowed in an Automotive Service Station Overlay district (OC-4). Section 6: That the proposed use is within the Automotive Service Station overlay control district and complies with all applicable requirements. More specifically, the proposed project meets applicable setbacks (minimum 10' from all property lines), building height (maximum 30'), lighting, landscaping, and hours of operation. Section 7: That the proposed convenience store will not contribute to the undesirable proliferation of such uses. More specifically, the surrounding area is limited to residential properties to the north, east, and south of the subject property. There are no convenience stores or similar commercial uses in close proximity to the subject property, other than a 7-11 and Valero which is located approximately 1,900' to the west, along Hawthorne Boulevard. Section 8: That the design of the proposed convenience store respects the visual character of the site and enhances the surrounding area. More specifically, the new convenience store is the one-story portion of the proposed two-story addition. This structure includes residential elements to the commercial facility by using gable and hip red the roofs with stucco exterior which is commonly used in residential structures. Additionally, the proposed mechanical unit within the parapet of the convenience store rooftop will be screened from neighboring properties and public right-of-ways as described Exhibit A of the Resolution. Section 9: That the operation of this use will not adversely affect adjacent or nearby places of worship, schools, parks, recreation centers, playgrounds, or residences because it will not involve any sale of alcoholic beverages. Section 10: That since the proposed convenience store is located within 300' of a residential or institutional use or zoning district boundary; it will be limited in hours of operation or otherwise designed and operated to avoid disturbing neighbors, between 11 pm and 6am. The revised hours of operation are 6am to 10pm, Monday through Sunday. Section 11: That the project is consistent with the sign standards of the City's Development Code (§17.76.050.F). More specifically, the two new illuminated channel letter identification signs for the new convenience store will each be located on a building frontage in which a public entry is located; not exceed an area of 1ft2 per lineal foot of building frontage, up to a maximum 75ft2; and located parallel to the face of the building. P.C. Resolution No. 2010-23 Page 3 Section 12: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, July 28, 2010. A $2,255.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on July 28, 2010. Section 13: For the foregoing reasons and based on the information and findings included in the staff report, minutes, and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves, with conditions, Case No. ZON2009-00469 for a Conditional Use Permit Revision and Sign Permit. PASSED, APPROVED AND ADOPTED this 13th day of July 2010, by the following vote: AYES: Commissioners Emenhiser, Knight, Leon, Lewis, Tetreault, Vice Chairman Tomblin NOES: None ABSTENTIONS: Nolie RECUSALS: None ABSENT: Chairman Gerstner Bill Gerstner, Chairman —C Joelof s, AICP Co mu ity Develo ent Director and Sec et of the Planning Commission P.C. Resolution No. 2010- 23 Page 4 Exhibit B Conditions of Approval 27774 Hawthorne Blvd. (Case No. ZON2009-00469) GENERAL CONDITIONS: 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all mitigation measures and conditions of approval contained in Planning Commission Resolution Nos. 2010-22 and 2010-23, respectively. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall obtain an encroachment permit from the Director of Public Works for any dumpsters in the street or any other temporary or permanent improvements within the public rights-of- way. 3. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 4. The Community Development Director is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision by the final body that approved the original project, which may require new and separate environmental review. 5. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 6. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 7. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Director. 8. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. P.C. Resolution No. 2010-23 Page 5 R 9. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 10. The construction site and adjacent public and private properties and streets 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 not be 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. 11. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. 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 in this condition. 12.All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13.All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. 14. The previous conditions of approval from Site Plan Review No. 8311, Grading Permit No. 2048, and Sign Permit No. 961 Revision 'A' are still fully applicable to the subject site. PROJECT SPECIFIC CONDITIONS: 45-Day Review 15.The Conditional Use Permit shall be reviewed by the Planning Commission 45-days from building permit final. The Planning Commission may add, delete, or modify the 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 Coe Section 17.80.090. Structure 16. This approval is for a 61 Oft' expansion to the first floor, a new 434ft2 second floor, 528ft2 balcony to the second floor, a 188ft2 trellis to the second floor, and a 267ft2 trellis at the end of the carwash tunnel of an existing single-story Chevron building. The new first floor area and a portion of the existing building shall be converted to a 1,194ft2 convenience store ("ExtraMile"). The new second floor area shall be a single-tenant office space, designated for the property owner. P.C. Resolution No. 2010-23 Page 6 17. The maximum ridgeline of the approved project is 27'-6". BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 18. No accessory structures (i.e. chairs, tables, etc.) above the railing height shall be allowed on the balcony without the Community Development Director's approval. Parking 19.A total of 9 parking spaces shall be provided on site: L Two standard parking spaces behind the vacuum line shall be clearly marked as "employee only"; ii. Two standard parking spaces shall be provided in front of the Chevron building, facing Highridge Road; iii. Four standard parking spaces shall be provided at the corner of Highridge Rd. and Hawthorne Blvd., outside of the intersection visibility triangle. iv. One loading parking space shall be provided by a new planter, parallel to Hawthorne Blvd.; and, v. One handicap parking space shall be provided, parallel and north of the new addition. 20. Prior to issuance of Certificate of Occupancy and subject to review and approval by the Community Development Director, the two proposed parking spaces adjacent to the existing trash enclosure, located behind the vacuum pump lanes shall be designated as "employee only" (Mitigation Measure TC-3). 21. Standard parking stalls shall be a minimum of 9' in width by 20' in depth. 22. Parallel parking stalls shall be a minimum of 9' in width by 26' in depth. 23. Disabled parking spaces shall be in accordance with the dimensions and specifications of the state Uniform Building Code. 24. Loading space shall be striped and shall be in accordance with the dimensions and specifications of the state Uniform Building Code. 25. For parking spaces located across the street from residential properties, there shall be a border of appropriate landscaping not less than 10' in width, measured from the street right-of-way line. 26. All parking spaces shall be surfaced with asphaltic or cement concrete paving which is at least 3"thick. 27. Parking or overnight occupancy beyond the approved hours of operation (10pm) shall be prohibited. 28. Temporary outdoor sales of goods and/or food items from a mobile non-motorized cart or a temporary booth and/or special temporary outdoor sales by an existing retail business or any other organization shall be prohibited without an approval of a Temporary Vendor Permit. P.C. Resolution No. 2010-23 Page 7 Lighting 29. All exterior lighting shall be arranged and shielded as to prevent direct illumination of abutting properties and of vehicles passing on the public right-of-way. Luminaries shall be of a low-level indirect and diffused type. All fluorescent bulbs or other lighting on the building shall be covered with diffusing lenses and shielded. 30.After installation of all lighting, but prior to Issuance of Certificate of Use and Occupancy, the City will conduct an inspection of the site to ensure that all lighting shall be arranged and shielded as to prevent direct illumination of surrounding properties and to prevent distraction of drivers of vehicles on public right-of-ways. At the end of the 45-day period, the City may require additional screening or reduction in size or intensity of any light that has been determined to be excessively bright (Mitigation Measure A-1). 31. With exception to security lighting, all interior and exterior lighting shall be turned off at the close of business at 10pm (Mitigation Measure A-2). Landscaping 32. The 10' setback along the street frontages shall be landscaped, except where there are driveways and the restricted parking area as designated through CUP 208. Planting shall not exceed 30" high within the intersection visibility triangle and 3' for all other areas. 33. All landscaping areas shall have permanent automatic irrigation systems and shall be kept well maintained. 34. All planting areas shall be surrounded by 6" high cement concrete curbs, unless they have higher planter walls. Hours of Operation 35. The hours of operation for the car wash shall be as 8am to 6pm, Monday through Sunday. 36. The hours of operation for the gas station (including credit card transactions at the fuel pumps), convenience store, and office shall be 6am to 10pm, Monday through Sunday. 37.Any increases to the hours of operation shall require review and approval of a Conditional Use Permit. Signs 38. A total of two channel letter identification signs for the "ExtraMile" convenience store are allowed on the north and west fagade of the one-story structure. These signs shall not exceed an area of 1ft2 for each lineal foot of building frontage, up to a maximum of 75ft2. These lights will be subject to the 45-day review as described in Condition of Approval No. 29 above. 39. All faces of said signs shall be parallel to the face of the building upon which said sign is located. P.C. Resolution No. 2010-23 Page 8 Mechanical Equipment 40. Mechanical equipment shall be located only within the parapet on the rooftop of the one- story portion of the Chevron building. The mechanical equipment shall be screened or covered so that it is not visible form adjacent residential use or public right-of-way. 41. The roofing material of the rooftop mechanical equipment screening structures shall be red mission the that matches the proposed building roof material. 42. The maximum height of the all mechanical structures and screening shall not be higher than the highest parapet of the one-story portion of the structure. No mechanical units shall be allowed on the rooftop of the second floor (Mitigation Measure A-3). 43. Prior to Certificate of Occupancy and subject to review and approval by the Community Development Director, all screening shall be installed and outdated rooftop equipment removed so that the mechanical equipment is not visually apparent from the public right- of-ways or neighboring properties (Mitigation Measure A-4). 44. The existing vapor recovery system located north of the car wash tunnel shall be painted to match the exterior color of the proposed project. Traffic/Circulation 45. Prior to issuance of Certificate of Occupancy and subject to review and approval by the Community Development Director, new directional arrows shall be added along the ground adjacent to the fuel pumps. Specifically, both sides of the fuel island closest to Highridge Road shall include directional arrows leading from Hawthorne Blvd. to Highridge Road (north to south). Both sides of the fuel island located close to the existing structure shall include directional arrows leading from Highridge Road to Hawthorne Blvd (south to north) (Mitigation Measure TC-2). 46. Driveway#1 (west) on Hawthorne Blvd. shall be maintained to allow entry and exit. The remaining two driveways (east) on Hawthorne Blvd. shall be maintained as "exit only" (Mitigation Measure TC-1). Convenience Store 47. There shall be no sales of any alcoholic beverages on the subject site, without approval of a Conditional Use Permit. P.C. Resolution No. 2010-23 Page 9