PC RES 1994-051P.C. RESOLUTION NO. 94-51
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 101 REVISION "G" FOR
VARIOUS IMPROVEMENTS TO THE COMMERCIAL
SHOPPING CENTER AT 28901 S. WESTERN AVENUE,
("THE TERRACES") SUBJECT TO THE CONDITIONS
ATTACHED AS EXHIBIT "A".
WHEREAS, after several months of discussions with the City, the applicant, the BOSC
Group, Inc, submitted Conditional Use Permit No 101 Revision "G" on August 8, 1994, for various
improvements to the existing commercial shopping center including; a) redefining the retail/non-retail
cap, b) demohshing a portion of the building on Level C to provide 30 additional parking spaces, c)
moddpng the exterior elevations of the building, d) adding a new driveway along Western Avenue,
e) allowing a new sign program for interior signs and three new monument signs, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, (CEQA)
and local CEQA guidelines, the proposed project has been found to be categorically exempt (Class
I) from the provisions of CEQA since the project involves minor alterations to existing private
structures and all previous conditions of approval of the center which were approved to minimize
impacts to the surrounding properties and reduce environmental effects via the original project's Final
Negative Declaration and Mitigation Measures, will remain in place and will be further enhanced by
the new conditions of approval contained herein, and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Development Code, the Planning Commission held a duly noticed public hearing on October 11, and
October 25, 1994, 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 there will be no significant environmental impacts resulting from this Conditional
Use Permit Revision in that along with the conditions of approval that will be imposed as a part of
this approval that will further support the findings of the original Final Negative Declaration adopted
on October 14, 1986, to ensure that the commercial center is leased in the intended manner, the
original mitigation measures of the Final Negative Declaration for Environmental Assessment No 477
shall continue to apply
Section 2: That the granting of the Conditional Use Permit Revision will not be contrary to the
objectives of Specific Plan H or of the General Plan in that the proposed improvements will not cause
the continued use of the site as a commercial shopping center to change, a use that is consistent with
Specific Plan II, and with the General Plan and zoning land use designations.
•
Section 3: That the Conditional Use Permit Revision will result in a net reduction of the
project's net leasable square footage and a net increase in parking spaces, thereby exceeding the
findings for the project approved via P.C. Resolution No. 86-28.
Section 4: That the Conditional Use Permit Revision will not be materially detrimental to the
public welfare or injurious to roe and improvements in the area in which the commercial project
J property rty p
is located, since there will be an increase in the amount of available parking spaces as a result of
approving the request, as well as safer and more efficient traffic circulation as a result of the interior
directional signage and the addition of an additional access driveway along Western Avenue. The
approved building elevation improvements will not increase the overall height of the any of the
buildings, in fact, solid portions of the buildings on the first and second levels will be removed and
replaced with more aesthetically pleasing wrought-iron railings.
Section 5: That the adoption of the new sign program will better serve to identify the general
nature of"the Terraces" shopping center and provide more visible signage to (especially) the second
and third levels whose store fronts and signs are not easily visible from Western Avenue. The signs
will direct attention to aroduct� activity, person, place, organization or enterprise and will not
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subject the citizens of the city to excessive competition for their visual attention.
Section 6: For the foregoing reasons and based on the information and findings included in the
Staff Report, and records of the proceedings, the Planning Commission hereby approves Conditional
Use Permit No. 101 Revision"G", 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.
PASSED, APPROVED, AND ADOPTED this 25th day of October 1994.
/,/
Gilbert Alberio,
Chairman
107
Director o Pla • g, Buildi g, and Code
Enforcement; a d, Secret. to the Planning
Commission
P.C. Resolution No. 94- 51
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EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 101 REV. "G"
"THE TERRACES"
1) All conditions of approval from any previous actions regarding "the Terraces" shall
continue to apply unless somehow modified below
2) The applicant shall, within thirty (30) days after approval of this permit, submit a
written statement to the Director of Planning, Building, and Code Enforcement
indicating that all conditions related to this permit are understood and will be agreed
upon
3) The property owner shall be ultimately responsible for ensuring that the center is
operated and maintained in compliance with the conditions of approval described
herein and for correcting any violations of this permit as expeditiously as possible to
bring the property into compliance. The property owner may appoint a property
management group to oversee the operation of the center and, if necessary, correct
any compliance violations The property owner shall provide the name of a contact
person and telephone number associated with the property management group to the
Director of Planning, Building, and Code Enforcement
4) Within thirty (30) days after approval of this permit, the applicant shall submit to the
Director of Planning, Building, and Code Enforcement, a formal list of all current
tenants occupying the center with the appropriate parking counts and leasable areas
of each tenant.
5) Prior to finalizing any future lease agreements with any potential tenants, the
applicant shall submit to the Director of Planning, Building, and Code Enforcement,
an updated tenant list for the center which includes the potential tenant The
updated tenant list shall include updated leasable areas and parking counts for the
entire center. The parking counts shall be calculated utilizing the attached peak
parking demand tables labeled as Exhibit "B" The table shall be used by the
Director of Planning, Building, and Code Enforcement to limit the number of uses
that will be allowed at the center based on the total of 784 available parking spaces
at the site Once the number of parking spaces required by existing and/or proposed
tenants reaches the maximum number of available spaces (784), the applicant shall
agree that no additional tenants will occupy the center until/unless either additional
spaces are provided or the tenant mix is adjusted so as not to exceed the total
number of available parking spaces
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6) Prior to occupying the leased space, all future tenants for the center shall obtain
approval of a City Business License from the City's Planning, Building, and Safety
Department and the City's Finance Department. Approval of the City Business
License will not be approved unless a copy of the final lease agreement with the
landowner is provided along with the revised parking information as depicted in
Condition 5, above.
7) To reiterate Condition No 18 of P C. Resolution No. 86-28, hours of business
operation (open to public -close to public) for all tenants in the center except for
"Trader Joe's" (see Condition No 25, below), shall be limited to 7 00 a m through
12.00 midnight, however, food and beverage uses and theaters may be open to the
public until 2 00 a m
8) The only business/establishment allowed to maintain 24 hour business operation
within the center shall be a "Kinkos Copies" located on Level "B" Any other 24
hour business/establishment (besides "Kinkos Copies") is prohibited, unless allowed
by the Planning Commission through a separate Conditional Use Permit Revision
9) Delivery hours to "Kinkos Copies" shall be permitted 24 hours, 7 days a week
Delivery vehicles are required to access the site exclusively from Western Avenue
between the hours of 6 00 p m to 7.00 a m, Monday through Friday and 6 00 p m
to 8.00 a m Saturday and Sunday
10) The operation of the "Kinkos Copies" shall be reviewed by the Director of Planning,
Building, and Code Enforcement within a year of its establishment During this
time, the Director shall monitor either through Staff observations or confirmed
complaints, whether the business is being operated in substantial compliance with
these conditions of approval Any significant lapses in the operation of the business
shall be reported to the Planning Commission for possible action.
11) Sufficient security shall be provided on site by the property owner The Director of
Planning, Building, and Code Enforcement shall make a reasonable determination as
to the number of security guards and their patrol hours, taking into consideration the
center's level of occupancy, types of uses, seasonal retail activity, etc
12) The height of the new wrought -iron railing on the first and second levels shall not
exceed the height of the existing solid parapet wall
13) The color samples submitted for review by the Planning Commission shall constitute
the approved color scheme for the center Final color samples for the repainting of
the exterior of the center along with colored renderings of the elevations of the
center shall be submitted to the Director of Planning, Building, and Code
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Enforcement Department prior to any work being done All future painting of the
center shall adhere to the color scheme approved by the Planning Commission, as
verified by the Director of Planning, Building, and Code Enforcement Any
deviation from the approved color scheme shall be subject to the review of the
Director prior to the work taking place to determine if such deviations would be
detrimental to the overall design and layout of the center.
14) All awnings displayed within each level shall be of the same color (but not
necessarily the same color as the other levels), except for those awnings located
immediately adjacent to the stairway tower elements At these locations, the
awnings shall be of the same color as the tower element No signage (lettering or
design) shall be incorporated into the awnings covering the walkways in front of the
storefronts Any deviation to this condition shall be reviewed by the Director of
Planning, Building, and Code Enforcement to determine if the proposed changes
would be detrimental to the overall design and layout of the center
15) The new two-sided monument sign for the center shall be limited to 25'-0" in overall
height, as measured from adjacent, existing grade
16) Illumination of the monument signs is permitted, no neon lighting is allowed The
Director of Planning, Building, and Code Enforcement shall review the illuminated
signs within 30 days of the erection of the completed signs to determine if the
illumination is excessively brilliant If determined to be excessively brilliant, the
applicant shall adhere to any requirements by the Director to minimize any adverse
impacts
17) A final plan depicting the exact location, height, and sign face of the interior
directional signs shall be submitted for review and approval by the Director of
Planning, Building, and Code Enforcement within sixty (60) days of the approval of
this permit
18) The Sign Program attached as Exhibit "C" of this Resolution (dated September 27,
1994, and as revised through this Resolution) and submitted for review by the
Planning Commission shall be the official program for the center from the date of
approval of this permit, subject to the following additional conditions:
a) No tenant signs are permitted on the stairwell tower railings or across the towers'
posts
b) One interior window sign will be allowed. However, the sign may not exceed
5% of the total window area
P.C. Resolution No 94-51
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c) One (1) center identification (freestanding) monument sign along Western
Avenue shall be permitted (see Exhibit 8 of applicant's program)
d) The maximum height of the center identification sign shall not exceed 25'-
0" The maximum width of the sign shall not exceed 16-0"
e) The cinema identification (freestanding) monument sign along Western Avenue
shall be permitted (see Exhibit "12" of the applicant's sign program)
f) The maximum height of the cinema identification sign shall not exceed 16-0"
The maximum width of the sign shall not exceed 13'-0"
g) Both monument signs (1 center, 1 cinema) shall be internally illuminated, no
neon lighting shall be permitted.
19) These additional conditions of approval of the sign program shall be incorporated
into a revised sign program package and submitted to the Director of Planning,
Building, and Code Enforcement Department within thirty (30) days of the approval
of this permit.
20) Any deviation from the approved Sign Program (dated September 27, 1994 and as
amended through this Resolution) shall be reviewed by the Director of Planning,
Building, and Code Enforcement to assure that any changes would not be materially
detrimental to the public health, safety, and welfare and would be generally
consistent with the intent of the Sign Program. Should the Director determine that
the proposed sign would be detrimental to the center or the surrounding area, the
request would be forwarded to the Planning Commission for review
21) The applicant shall submit an application to the California Department of
Transportation (Caltrans) for the new driveway and right-hand turn restriping
(lanes) along Western Avenue. Verification of Caltrans' approval shall be submitted
to the Director of Planning, Building, and Code Enforcement prior to any work
commencing in relation to the driveway
22) A striped right hand turn lane on Western Avenue shall be incorporated into both
the new driveway design and the southern -most driveway along Western Avenue
and shall be reviewed and approved by the Director of Public Works. In relation to
the Western Avenue striping, the applicant shall provide all pavement/directional
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markings within the site to emphasize the one-way (northbound) traffic flow along
the second level accessway (at the southerly end) as well as the "angled" parking for
this area of the site and restripe all parking stalls throughout the center A final
"restriping" plan for the site shall be presented to the Director of Public Works for
review and approval
23) Trash enclosure walls shall be 6 feet high and shall have solid, self-closing gates
24) All roof mounted mechanical equipment, vents, or ducts shall be screened and
covered as necessary so as to reduce their visibility from adjacent properties and
public rights-of-way Any necessary screening and covering shall be architecturally
harmonious with the materials and colors of the buildings Neither the screening nor
the equipment shall cause significant view impairment from neighboring properties,
as verified by the Director of Planning, Building, and Code Enforcement
25) The project shall have, as a minimum, 784 parking spaces.
26) Deliveries shall be limited to the hours of 7 00 a.m. to 6.00 p m , Monday through
Friday, and 8.00 a.m to 6 00 p m on Saturday and Sunday for Level "C" only.
Deliveries on Levels "A" and "B" are permitted 24 hours, 7 days a week Delivery
vehicles to Levels "A" and "B" are required to access the site exclusively from
Western Avenue between the hours of 6 00 p in to 7.00 a in Monday through
Friday and 6.00 p m to 8:00 a in. Saturday and Sunday
27) Construction activities shall be limited to the hours of 7.00 a m. to 4.30 p in
Monday through Friday, and 8 00 a m to 4.30 p in on Saturdays, except that
interior and/or exterior finish work not involving heavy equipment, shall be
permitted until 7.00 p m Monday through Saturday No construction activity shall
occur on Sundays.
28) All roof mounted mechanical equipment shall be housed in enclosures designed to
attenuate noise to a level of 45 dBA to the rear property line (as necessary).
Changes in use, by unit in the existing building, shall require consolidation of
mechanical equipment. No exterior ducting shall be allowed with new equipment.
Mechanical equipment for restaurants shall incorporate filtration systems to
eliminate all exhaust odors
29) Hours of operation for air blowers (for landscaping purposes) and vacuum/parking
lot sweepers shall be limited to 7.00 a.m to 5 00 p m Monday through Friday, 7 00
a in to 4 00 p in on Saturday for Levels "A" and "B" and the front portion
(Western Avenue frontage) of Level "C" No air blowers or vacuum/parking lot
sweepers shall be allowed at the rear of Level "C" Air blower and parking lot
P.C. Resolution No 94-51
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sweeper operations at 7.00 a in shall commence on Level "A" then move up to
Level "B" and the Western Avenue frontage of Level "C". Air blowers are
prohibited on Sundays and holidays Mechanical parking lot cleaning and trash
collection shall be limited to 7.00 a in. to 10.00 p.m. Monday through Friday, 9 00
a.m. to 10 00 p m on Saturday, Sunday, and holidays.
30) The hours of business operation (open to the public) for "Trader Joe's" shall be
limited to 8.00 a in to 11.00 p in
31) No change in the type of goods marketed within "Trader Joe's" shall occur without a
change in the Conditional Use Permit The purpose of this condition is to prevent
the conversion of the approved use from a gourmet market to a higher volume,
higher traffic convenience store
32) All mechanically aided deliveries shall be made by a battery operated power pallet
hack similar to Model #PDM25-106 presently in use, and the use of no other gas or
propane powered equipment shall be permitted Use of a hydraulic tail gate is
prohibited from 6 00 p m to 7.00 a.m Monday through Friday and 6.00 p m to
8 00 a in Saturday and Sunday. An electric tail gate lift may be used during these
hours. Delivery vehicles shall not allow their engines to idle during these hours
33) Delivery trailers no larger than 30 feet in length shall be used Trucks shall park so
that they do not impede traffic flow during deliveries
dskll/cup101re
P.0 Resolution No 94-51
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