PC RES 1993-038P.C. RESOLUTION NO. 93- 38
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONE CHANGE #22 AND CODE
AMENDMENT NO. 37, THEREBY AMENDING TITLE 17 OF THE
MUNICIPAL CODE TO CREATE AN AUTOMOTIVE SERVICE
OVERLAY CONTROL DISTRICT.
WHEREAS, eight service stations currently exist in the City of
Rancho Palos Verdes. Four are located in Commercial zones; three
are located in Residential zones; and one is located in an
Institutional zone. Pursuant to the Development Code, service
stations within any Commercial zone require a Conditional Use
Permit, and those located within the Residential and Institutional
zones are currently non -conforming uses which may not make
significant expansions or improvements; and
WHEREAS, it is the intent of the City to encourage the eight
existing service stations to remain in business and provide
necessary services to the citizens of Rancho Palos Verdes, and
therefore the City has initiated General Plan Amendment #21, Zone
Change #22, and Code Amendment #37 to amend land use and zoning
designations in order to allow the non -conforming service stations
to become legal and conforming uses, and to allow all eight
stations to expand and modernize their facilities; and
WHEREAS, on October 20, 1992, the City Council of the city of
Rancho Palos Verdes directed City Staff to initiate a General Plan
Amendment/Zone Change to make all existing service stations in the
City legal uses in conformance with the General Plan and Zoning,
and to initiate a Development Code revision that would allow
service stations to exist in all Commercial zones without the need
for a Conditional Use Permit; and,
WHEREAS, duly noticed public hearings before the Planning
Commission of the City of Rancho Palos Verdes to consider the
proposed draft Negative Declaration associated with the project
were held on July 27, 1993 and August 24, 1993, at which time
public comments were received by the Planning Commission; and
WHEREAS, on September 14, 1993, the Planning Commission
adopted P.C. Resolution No. 93-24 recommending approval to the City
Council of a Draft Negative Declaration associated with
Environmental Assessment No. 653, for amendments to the City's
General Plan and Municipal Code regarding automotive service land
use and zoning designations; and
WHEREAS, after notice pursuant to the provisions of the Rancho
Palos Verdes Municipal Code, and Government Code Section 65090,
public hearings were held before the Planning Commission on July
27, 1993, and August 24, 1993, at which time all interested parties
were given an opportunity to be heard and present evidence
regarding the proposed Zone Change and Code Amendment; and
WHEREAS, a duly noticed public hearing was held by the City
Council to further consider the proposed amendments to the City's
General Plan and Municipal Code regarding land use and zoning
designations for automotive service uses on September 21, 1993 to
provide further direction to the Planning Commission; and
WHEREAS, a duly noticed public hearing was held before the
Planning Commission on October 12, 1993 to consider the Council's
recommendations of September 21, 1993 and to consider the draft
Ordinance (attached as Exhibit "All) which would implement the
amendments to the City's Municipal Code for the changes in land use
and zoning designations.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission has reviewed and
considered Zone Change #22 and Code Amendment #37, which constitute
amendments to Title 17 of the Municipal Code.
Section 2: The Planning Commission finds that the amendments
to Title 17 are consistent with California Government Code Section
65853 relating to zoning amendment procedures.
Section 3: The Planning Commission finds that the amendments
to Title 17 are consistent with the Rancho Palos Verdes General
Plan in that they uphold, and do not hinder, the goals and policies
of that Plan, and serve to carefully control and direct future
growth toward making a positive contribution to all elements of the
community.
Section 4: The Planning Commission further finds that the
amendments to Title 17 are necessary to preserve the public health,
safety, and general welfare in the area.
Section 5: For the foregoing reasons and based on the
information and findings in the Staff Reports, minutes, and records
of the proceedings, the Planning Commission hereby recommends to
the City Council approval of Zone Change #22, and Code Amendment
#37 to amend Title 17 of the Rancho Palos Verdes Municipal Code to
create an Automotive Service Overlay Control District, pursuant to
the draft Ordinance, attached hereto as Exhibit "All and made a part
hereof.
P.C. Resolution No. 93-38
Page 2 of 3
40
PASSED, APPROVED, and ADOPTED this 12th day of Oct p-ber, 1993.
.
Bret pe- rnak , AICP
Dire for of PIning, Building, and
Code Enforcement, and Secretary
to the Commission
DJ21 PCGASCA 012
Robert Katherman,
P.C. Resolution No. 93-38
Page 3 of 3
DRAFT
EXHIBIT "All
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES CREATING AN AUTOMOTIVE SERVICE OVERLAY
CONTROL DISTRICT; THEREBY AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 17 of the Rancho Palos Verdes Municipal
Code is hereby amended by adding Sections 17.36.070 through
17.36.075.
Chapter 17.36
AUTOMOTIVE SERVICE OVERLAY CONTROL DISTRICT
17.36.070 Automotive service station overlay control district
(OC -4) and regulations. The automotive service station overlay
control district is established to encourage service stations to
remain in the City in order to address the following concerns. The
recent trend toward conversion of service stations and automotive
repair businesses on the Palos Verdes Peninsula to non -automotive
service uses has resulted in an increasing unavailability of
essential automotive services to residents of the City, including
automobile refueling and emergency services. Furthermore, closure
of service stations and conversion to other uses creates an
increase of automobile traffic in the city going to those converted
uses, which correspondingly increases the need for automotive
service uses and service stations. Thus, at the same time that
automotive service uses are disappearing, the need for additional
automotive services is increasing. The tension created by the
dwindling supply of locations to obtain automotive services and the
increased need for those services is detrimental to the public
health, safety and welfare. Accordingly, the Automotive service
Overlay Control District (OC -4) is hereby created to facilitate the
establishment and continuation of businesses which provide
automotive services in the City.
17.36.071 Applicability. The Automotive Service Overlay
Control District permits those uses which provide automotive
services to the residents of Rancho Palos Verdes and visitors
driving within the City. The Automotive Service Overlay Control
District shall be limited to the following eight (8) sites:
DRAFT
LOCATION/ADDRESS
..
EXISTING GENERAL
......... .
EMSTING'UNDERI:YI1�fG
PLAN LAND USE
ZONING DESIGNATIQN
DESIGNATION
1 31186 Hawthorne Boulevard
Commercial Retail
Commercial Neighborhood
(CN w/CUP)
2. 29501 Miraleste Plaza
Commercial Retail
Commercial Limited
(CL w/CUP)
3 29701 Western Avenue
Commercial Retail
Commercial General
(CG w/CUP)
4 29421 Western Avenue
Commercial Retail
Commercial General
(CG w/CUP)
5 27774 Hawthorne Boulevard
Residential
RM -8
(6-12 DU/acre)
6. 28105 Hawthorne Boulevard
Residential
RS -4
(2-4 DU/acre)
7 28732 Highridge Road
Institutional
I
8. 5656 Crest Road
Residential
RS -2
(1 DU/acre)
17.36.072 Uses permitted with a conditional use permit. In
addition to the existing uses permitted under the underlying
current zoning designations, the following uses and development
guidelines shall be allowed in the OC -4 district.
Full-service gasoline stations which provide automotive repair
services in addition to the sale of gasoline, automotive repair
businesses, self-service gasoline stations (without full service
facilities), car washes, smog testing businesses, oil/fluid change
businesses, sales of automotive products (e.g., tire sales). Sales
of items such as prepared foods, beverages, and other sundry items,
as deemed appropriate by the planning commission to be clearly
auxiliary uses to a service station.
17.36.073 Development guidelines. The following development
guidelines shall be used to review automotive service uses within
the OC -4 zone. However, these guidelines may be deviated from as
determined to be appropriate in each case as provided in Section
17.36.072.
Exibit "A" to P.C. Resolution 93-38
Page 2 of 6
A. Lot Area. The minimum area of a site for'an automotive
service use shall be twenty thousand square feet, with a minimum
frontage of one hundred linear feet on each street side. For those
properties with more than two pump islands and three service bays,
there shall be two thousand additional square feet of lot area for
each additional pump island; and two thousand additional square
feet of lot area for each additional service bay.
B. Setbacks. Minimum setback shall be ten feet from any
property line. This shall apply to any part of the structure,
canopies as well as building. Pump islands shall be set back
twenty feet from any property line.
C. Building Size. Buildings which include service bays
shall not be less than one thousand two hundred square feet
(exclusive of canopies).
D. Building Height. The maximum allowable building height
shall be consistent with the underlying zoning, and shall be
compatible with the surrounding uses, as determined by the Planning
Commission
E. Curb Cuts and Driveways. There shall be no more than two
driveways on any one street. No curb cut shall be closer than five
feet from the beginning of the curb return at the corner of the
intersection. No driveway shall exceed a width of thirty-five
feet. Curb cuts shall be a minimum of twenty-five feet apart.
Entrances to an abutting commercial development or combined
driveways will be encouraged to facilitate good circulation.
f
F. Parking. Parking of vehicles on-site is prohibited
except for such vehicles as are in the process of being serviced,
those belonging to employees, and service and tow trucks owned by
the establishment. Parking is prohibited where it will impede the
view of traffic in the public streets.
G. Perimeter Walls. Walls may be required on the property
lines and along the street planted areas, if the planning
commission determines that the site should be buffered from
abutting properties due to incompatibility with adjacent uses.
H. Refuse Area. An enclosed refuse area, to be integrated
with the design of the structure, shall be provided to meet the
specifications of the city sanitation division.
Exibit "All to P.C. Resolution 93-38
Page 3 of 6
9
0
I. Restrooms. All restroom entrances shall be screened from
view of adjacent properties or public rights-of-way by solid
decorative screening, which is subject to the review and approval
of the planning commission.
J. Utilities. No building permit for a new structure or an
addition to an existing structure which adds twenty-five percent or
more to the floor area shall be issued, unless plans to bring
underground all utilities are reviewed and approved by the planning
commission.
'K. Lighting. All exterior lighting shall be so arranged and
shielded as to prevent direct illumination from striking abutting
property and from striking the occupants 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 under
canopies or on the building shall be covered with diffusing lenses
and shielded.
L. Landscaping. Landscaping plans shall be subject to the
review and approval by the planning commission. There shall be the
following minimum landscaping:
1. The ten -foot setback along the street frontages
shall be landscaped, except where there are driveways. Planting
shall not exceed three feet in height, except for trees;
2. Eight percent of the total site shall be landscaped
in addition to that required under paragraph No. 1 above. All
landscaped areas shall have permanent automatic irrigation systems
and shall be kept well maintained. All planting areas shall be
surrounded by six-inch P.C.C. curbs, unless they have higher
planter walls. I
L. Off-site Improvements. off-site improvements, including
curb, gutter, sidewalk, pavement, street lights, and street trees
are required to be installed by the developer. These improvements
must meet city specifications. Where future installation is
approved by the city, performance bonds are required.
M. Drainage. All drainage to the street shall be by
underground drainage structures to avoid drainage across the
surface of city walks or drive aprons.
N. Paving. All areas not planted or used for building must
be paved to meet city specifications (minimum three-inch asphalt
concrete).
Exibit "All to P.C. Resolution 93-38
Page 4 of 6
DRAFT
O. Signage.
A. For those sites developed consistent with the
underlying zoning, (e.g., Commercial Neighborhood, Commercial
Limited, Commercial General, Residential, and,Institutional), the
sign criteria for the underlying zone shall apply.
B. For those sites developed with automotive service
uses consistent with OC -4 zoning, signage shall conform to the
requirements of Section 17.52.060.
17.36.074 Operations. The following guidelines apply to those
uses permitted under Section 17.36.090.
A., Hours of operation shall be as follows:
TYPE OF BUSINESS
DATES OF
HOURS OF
OPERATION
OPERATION
Automotive Repair
Monday - Saturday
8.00 a.m. to 5.00 p.m.
Ancillary Retail Businesses
Monday - Saturday
9.00 a.m. to 6.00 p m.
Sale of Gasoline, and Retail Sales of
Monday - Thursday
6.00 a.m. to 10.00 p m.
Sundry Items, at Full or Self -Service
Friday - Sunday
6 00 a.m. to 12.00 a.m.
Stations
All hours of operation may be subject to further review and
approval by the planning commission.
B. Operations permitted outside shall be limited to:
1. The retail sale of petroleum products;
2. The supply of air and water;
3. Auto washing by hand, where an area of not more than
five hundred square feet is used;
4. Waxing and polishing automobiles;
5. Tire changing;
6. Battery servicing charging and changing;
7. Installation of minor accessories, e.g., windshield
blades and arms, gas caps, lamps, lamp globes, and performance of
minor repair jobs.
Exibit "A" to P.C. Resolution 93-38
Page 5 of 6
013-11AW1
C. There shall be no body and fender work, painting, repair
and rebuilding of electrochemical batteries, or other work of a
similar nature.
D. The rental of cars or trailers is specifically
prohibited.
17.36.075 Abandonment. A. If the operation of any use
allowed in the OC -4 zone is suspended for more than 180 days, and
such suspension is not a result of work ordered to be performed by
the City or any other governmental entity, the use shall be deemed
abandoned. It shall then become the responsibility of the property
owner to destroy and dispose of any and all structures and
equipment on the lot and return the condition of the lot to a
buildable site.
PASSED,
ATTEST:
D721. PCOASORD.012
APPROVED
, 1993.
CITY CLERK
and ADOPTED this day of
MAYOR
Exibit "A" to P.C. Resolution 93-38
Page 6 of 6