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PC RES 1988-035P.C. RESOLUTION NO. 88 - 35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 120 - REVISION "A" AND GRADING APPLICATION NO. 1108 FOR A NEW COMMERCIAL BUILDING AT 29519 WESTERN AVENUE. WHEREAS, the applicant, J/West Inc., has requested approval for a revision to Conditional Use Permit No. 120 and a Grading Application for a rear yard retaining wall located at 29519 Western Avenue; and WHEREAS, the Planning Commission of the City of Rancho Palos Verdes conducted a public hearing on May 24, 1988, 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 subject use, with safeguards and conditions imposed by this approval, will cause no significant adverse effects to adjacent properties or the permitted uses thereof. Further, the Planning Commission does hereby declare that a negative declaration was granted in compliance with City and State guidelines and that the Commission has reviewed and considered the contents of the initial study in reaching its decision. The Planning Commission further finds that the approval of the adoption of the Negative Declaration and the Conditional Use Permit Revision will not result in a significant adverse environmental impact. Section 2: The findings to approve the Conditional Use Permit are as follows: a. That the proposed construction of a retaining wall for a retail commercial building is permitted in the zone, subject to a revision of the approved Conditional Use Permit. b. That the proposed project is not contrary with the intent of the General Plan and Specific Plan III in that the proposed wall is minor in nature and would further add to buffering from an existing residential area through additional landscape screening. C. That the project's location, design, and the uses adjacent to the subject property will not adversely affect the peace, health, safety or general welfare of persons or properties in the surrounding area through the stabilization of an existing unbuttressed slope subject to the approval of a soils and geology report. • • d. That the development and proposed use is clearly within the intent of Chapter 17.16, is consistent with the definition of uses in the Commercial General Zone and is compatible with other permitted uses in the district. e. That the subject property being approximately ten thousand eighty square feet, is adequate in size and shape to accommodate the proposed use. f. That the subject property, which fronts Western Avenue is a fully developed street with curbs, gutters, street lights and street trees, is adequately served by public and private facilities and by a highway of sufficient width and improvements to carry the kinds and quantity of traffic the proposed use might generate. Section 3: The findings to approve the Grading Application follows: a. The grading is not excessive beyond that necessary for the permitted primary use of the lot; b. The grading and/or construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring sites; C. The nature of the grading minimizes disturbance to the natural contours; finished contours are reasonably natural. Section 4: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes does hereby approve the Negative Declaration, Conditional Use Permit No. 120, Revision "A", and Grading Application No. 1108 subject to the conditions contained in Exhibit "A", attached hereto and made a part hereof, which are necessary to preserve the public health, safety and general welfare in the area. APPROVED and ADOPTED on May 24, 1988. ob rt Be rd, Direct(ft of Environmental Servicei and Secretary to the Commission �L -n �' " -" L9 -o' J.onnolly Chairm P.C. Resolution No. 88-35 Pane 2 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 120 AND REVISION "A" AND GRADING APPLICATION NO. 1108 is hereby approved subject to the following conditions: 1. The new retaining wall shall be a block wall with stucco finish to match the main building. 2A. Detailed landscape and irrigation plans shall be submitted for review and approval by the Director of Environmental Services prior to issuance of any permits (except demolition). Said plans shall incorporate drought tolerant plant materials. Irrigation systems shall be on automatic timers and shall be adjusted for seasonal water needs. B. A three foot wide landscaped planter, as delineated on the Planning Commission Exhibit site plan, shall be provided at h the base of retaining wall were exposed to the rear parking w lot area. This planter shall be planted ith low -profile shrubs and creeping vines to soften the wall's appearance. 3. An exterior lighting program for the parking lot and building shall be submitted to the Director of Environmental Services. Such plan shall propose, but not be limited to, no off-site Tare with lighting to be turned off at close of the business. 4. Hours of operation shall be restricted so that the tenant may not be open for business between 9:00 p.m. and 7:00 a.m. 5. The trash enclosure shall be located along the south property line retaining wall, immediately east of the striped handicap parking space. Such enclosure shall be integrated with the retaining wall design and be no higher than 6' above finished w grade. A three (3) foot ide planter shall also be installed along its east elevation. The access gate shall be solid with self closing gates have a front concrete pad for service. 6. Any roof -mounted equipment not included in this application shall be subject to review and approval of the Director of Environmental Services. 7. Final construction plans for the proposed building shall be in substantial conformance with the plan approved by the Planning Commission. Prior to issuance of building permits, a soils and geology report shall be submitted to and be approved Ll the City Geologist regarding the proposed slope excavation. Any recommendations shall be complied with. 8. A minimum of 7 parking spaces shall be provided with a maximum of one compact stall. P.C. Resolution No. 88-35 9. The maximum building height shall not be more than 19 feet 6 inches measured from the highest existing elevation covered by the structure. 10. The building setbacks shall not be less than: Front 20' Rear 102' North Side 10' South Side 5' 11. All utilities to the site shall be underground, including cable television, telephone, electrical, gas and water. All appropriate permits shall be obtained for their installation. If necessary, cable television shall connect to the nearest trunk line at developer's expense. 12. All deliveries shall be made during business hours, however, deliveries shall not occur during peak business hours to relieve congestion on the site. 13. The proposed wall mounted channel letter sign shall have no architectural, painted or otherwise created border so that the sign area does not exceed 44 square feet. A separate sign application is required. 14. The developer shall post a bond, cash deposit, or combination thereof guaranteeing the following off-site improvements: a. A Class II bike path the length of the property frontage. b. Median improvements for Western Avenue. C. Bus bench/bus shelter -- proportionate share for any on the block. d. Landscaping in the parkway. The dollar amount shall be determined by the Director of Public Works, and the security shall be posted before the issuance of building permit. Said security shall remain in effect for five years from issuance of Certificate of Occupancy. 15. The developer shall submit a set of plans to the Los Angeles County Fire Department for their review and approval for compliance with the Fire Code. 16. The Variance for a reduced number of parking spaces on the site shall become null and void if there is a substantial change in the nature, type or degree of the use on the site which would require additional parking as determined by the Director of Environmental Services. P.C. Resolution No. 88-35 Page 4 9 0 17. No automotive services shall be performed outside of the service bays. No overnight, outside parking and/or storage is permitted. 18. The landowner shall agree to participate in any future special assessment district to underground utilities within the boundaries of Specific Plan III. 19. The developer shall apply for curb cuts and right turn only signage along Western Avenue from the Public Works Department and Caltrans. 20. No video -type machines and food preparation shall be permitted in conjunction with the operation of the approved use. 21. The main building shall have a Spanish tile roof, stucco finish, and wood trim consistent with the design theme of Specific Plan III. 22. A detailed drainage and erosion control plan shall be submitted and approved by the City EngineerrE for to issuance of a building permit. 23. This approval shall expire one year from the date of the Planning Commission action if application for building permits for construction has not been made. Construction must begin within one year of building permit application. The Planning Commission may extend these time limits if so requested prior to expiration. Variance No. 167 shall run with these same timelines. 24. This list of Conditions of Approval supersedes these conditions previously listed in P.C. No. Resolution 87-37. P.C. Resolution No. 88-35 Page 5