PC RES 1995-004 :01)
111,
P.C. RESOLUTION NO. 95-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES ADOPTING THE
MITIGATED NEGATIVE DECLARATION AND MAKING
CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION
WITH ENVIRONMENTAL ASSESSMENT NO. 667 FOR
INSTALLATION OF TWO NEW ADDITIONAL GASOLINE
FUELING PUMPS, INSTALLATION OF A NEW PROPANE
FUELING TANK, AND CONSTRUCTION OF A 1,463
SQUARE FOOT ADDITION TO THE EXISTING BUILDING
FOR OPERATION OF A NEW 1,450 SQUARE FOOT
CONVENIENCE STORE WITH THE JOINT SALE OF
ALCOHOL AND MOTOR FUEL AT AN EXISTING
AUTOMOBILE GASOLINE AND SERVICE STATION
LOCATED AT 28103 HAWTHORNE BOULEVARD
WHEREAS, on November 3 , 1993, in order to allow for the
continued use, operation, and expansion of existing automotive
service stations in the City, including the sales of auxiliary
convenience items, the City Council of the City of Rancho Palos
Verdes adopted Ordinance No. 294 which established an "Automotive
Service Overlay Control District" (OC-4) for eight sites located
within the City, including the subject property; and,
WHEREAS, on September 29, 1994, William and Charlotte Myers
submitted applications to the City for Environmental Assessment No.
667 and, Conditional Use Permit No. 182 for consideration of two
new additional gasoline fueling pumps, installation of a new
ane fueling tank, and construction of a 1, 463 square foot
propane din for operation to the existing building of a new 1,450
square foot convenience store with the joint sale of alcohol and
motor fuel and an existing automobile gasoline and service station
located at 28103 Hawthorne Boulevard; and,
WHEREAS, in addition to the OC-4 Automotive Service Overlay
Control District zoning designation, the subject property, located
at 28103 Hawthorne Boulevard, has an underlying zoning designation
of Single Family Residential (RS-4) ; and,
WHEREAS, the Automotive Service Overlay Control District
appropriately ro riately allows for the continued use of the subject property
as an automotive gasoline service and repair facility, as well as
the expansion of the facility for full service gasoline stations
whichP rovide automotive repair services in addition to the sale of
gasoline or other alternative fuels, 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) , and for the 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; and,
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Sections 2100 et.
seq. ("CEQA"), the State CEQA Guidelines, California Code of
Regulation, Title 14, Sections 15000 et. seq., the City's Local
CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous
Waste and Substances Statement), the City of Rancho Palos Verdes
prepared an Initial Study and determined that, by incorporating
mitigation measures in to the Negative Declaration and project
approval, there is no substantial evidence that the approval of
Conditional Use Permit No. 182 would result in a significant
adverse effect on the environment. Accordingly, a Draft Mitigated
Negative Declaration has been prepared and notice of that fact was
given in the manner required by law; and,
WHEREAS, after issuing notice pursuant to the requirements of
the City's Development Code and the State CEQA Guidelines, the
Planning commission of the City of Rancho Palos Verdes held a
public hearing on January 10, 1995 and January 24, 1995, at which
time all interested parties were given an opportunity to be heard
and present evidence; and,
WHEREAS, as a result of the public review process for the
Draft Mitigated Negative Declaration, including administrative
decisions and public hearings, the Planning Commission has
concluded that certain mitigation measures identified in the
Initial Study prepared for this project are infeasible or otherwise
undesirable. As such, the Planning Commission, in adopting this
Mitigated Negative Declaration and consistent with the records of
the proceedings, has deleted certain mitigation measures as
identified herein in Section 10, and has substituted the same
mitigation measures with other mitigation measures which the
Planning Commission finds, after holding a public hearing on the
matter, are equivalent or more effective in mitigating significant
effects on the environment to a less than significant level and
that do not cause any potentially significant effect on the
environment. Accordingly, these substituted mitigation measures
shall be made Conditions of Approval of the project, and this
action shall not constitute an action or circumstance requiring
recirculation of the Draft Mitigated Negative Declaration; and,
WHEREAS, in accordance with the requirements of the California
Environmental Quality Act, a Mitigation Monitoring Program has been
prepared, and is attached hereto as Exhibit "A".
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1: As submitted, the proposed project will not
result in changes to existing features of any bays, tidelands,
beaches, lakes or hills, or substantial alteration of ground
contours, nor will it result in the change in pattern, scale or
character of the general area of the project. Additionally, the
P.C. Resolution No. 95-04 .
Page 2 of 10
proposed project will not result in significant amounts of solid
waste or litter, change in dust, ash smoke, fumes, or odors in the
vicinity, or change in ocean, bay, lake stream or ground water
quality or quantity, or alteration of existing drainage patterns.
The proposed project will also not result in a substantial change
in existing noise or vibration levels in the vicinity, nor will the
work occur on a site of filled land or on a slope of 10 percent or
more. Finally, the proposed project will not result in a
substantial change in demand for municipal services, substantially
increase fossil fuel consumption, or affect any relationship to a
larger project or series of projects. Accordingly, no mitigation
measures have been required to address these issues.
Section 2: As submitted, the proposed project will result
in a change in scenic views or vistas from existing residential
areas or public lands or roads. However, while the proposed
construction will be less than sixteen feet in height, and will not
result in any view impairment from surrounding properties as
defined by the City's Development Code, the site is located along
Hawthorne Boulevard, which is identified by the City's General Plan
as a Vehicular Corridor with Adjacent Land Areas to be Restored.
Accordingly, and consistent with the goals and policies of the
City's General Plan, mitigation measures have been incorporated (as
described in the attached Exhibit "All) which require the site to be
landscaped to improve the aesthetic appearance of the property, and
reduce any impacts resulting from the change in scenic vistas to
less than significant levels.
Section 3: As submitted, the proposed expansion and
continued use of the property for automobile service uses will
result in the use or disposal of potentially hazardous materials,
such as toxic substances, flammables, or explosives. However,
since the subject property is currently used as an automotive
service and repair station, the continued use and expansion of the
site is not expected to result in a significant change to current
activities on the site. Nevertheless, mitigation measures (as
described in the attached Exhibit "All) have been incorporated to
ensure continued compliance with all local, county, and state
regulations with respect to the use or disposal of potentially
hazardous materials, and reduce any impacts associated with the use
or disposal of potentially hazardous materials to less than
significant levels.
Section 4: When reviewed in accordance with "Appendix G -
Significant Effects" of the State CEQA Guidelines, the proposed
project will not result in significant adverse affects to Earth,
since there will be no grading and or/earth movement required to
complete the construction. Therefore, no mitigation measures have
been required with respect to Earth.
P.C. Resolution No. 95-04.
Page 3 of 10
Section 5: In consideration of the existing service
stations uses on the property, it has been determined that the
proposed project will not result in significant changes to Air
Quality with respect to air emissions or deteriorations of ambient
air quality, and no mitigation measures are required.
However, also with respect to Air Quality, the proposed expansion
may result in the creation of objectionable odors. Nevertheless,
due to the existing gasoline service station uses of this property,
the proposed installation of a new propane tank and operation of a
convenience store is not expected to create significant impacts to
Air Quality above those already existing on the site. Therefore,
any impacts to Air Quality resulting in the creation of
objectionable odors that might be caused by the proposed project
are not expected to be significant, and no mitigation measures have
been required.
Section 6: Since the site is currently used for the
dispensation of motor fuel and is entirely paved with an impervious
material, the proposed construction will not result in any
significant alterations to the current uses on the property which
may affect Water Quality. Additionally, the project does not
involve the use or modification of, nor will it affect any existing
water or drainage sources. For these reasons the construction of
the proposed project will not result in any adverse environmental
impacts to Water, and no mitigation measures have been required
with respect to Water.
Section 7: Since the site is entirely paved with an
asphalt surface, construction of the proposed project would not
involve the removal of any Plant Life or Animal Life, nor would it
affect any plant or animal species. Accordingly, no mitigation
measures have been required with respect to Plant Life and Animal
Life.
Section 8: Due to the location of the subject property
along Hawthorne Boulevard, which is a major arterial roadway, long
term impacts to noise associated with the continued operation of
the automobile service uses and the proposed convenience store are
not expected to exceed current ambient noise levels. Additionally,
the project is not expected to result in the exposure of people to
severe noise levels beyond existing noise levels. Therefore, in
accordance with Appendix G of the State CEQA Guidelines, since the
project will not substantially increase ambient noise levels, any
long terms impacts associated with operation of the automobile
services and proposed convenience store, or exposure to people to
severe noise levels, is not considered a significant impact.
P.C. Resolution No. 95-04.
Page 4 of 10
However, short term impacts associated with construction of the
proposed addition and installation of the new fuel pumps and
propane tank may be expected. Therefore, in order to reduce any
short term impacts to less than significant levels, mitigation
measures (as described in the attached Exhibit "All) have been
incorporated.
Section 9: The Initial Study identified potential impacts
to Light and Glare which may result due to the proposed increase to
the existing hours of operation, as well installation of exterior
lighting. For this reason, mitigation measures (as described in
the attached Exhibit "All) have been incorporated to reduce any
impacts to Light and Glare resulting from the proposed project to
less than significant levels.
Section 10: Although the property is currently zoned
Residential (RS -4) with an Automobile Service Overlay District (OC -
4) which allows for the continued operation of and improvements to
the existing automobile services, as well as auxiliary convenience
store uses, the proposed installation of the two new additional
fueling pumps, propane tank, and construction of the proposed
convenience store, including the point sale of alcohol and motor
fuel, will result in substantial alterations to the present or
planned land use on the property. In order to reduce these impacts
to less than significant levels, mitigation measures (as described
in the attached Exhibit "All) have been incorporated.
However, the Initial Study prepared for the project excluded the
covered canopy areas above the existing and proposed automobile
fueling pumps in determining the overall area dedicated to the
service of automobiles. Therefore, when this area is included in
the total calculations for area dedicated to the service of
automobiles, the proposed convenience store uses will be clearly
auxiliary to the automobile service station uses on the property.
Therefore it is infeasible or otherwise undesirable to include
mitigation measures as described on Page 21 of 36 in the Initial
Study, which require the landowner to file an application for a
zone change to allow construction of the proposed convenience store
under the appropriate Commercial zoning designation, or to require
the proposed convenience store sales area to be reduced in size so
that the sale of convenience items is clearly ancillary and
auxiliary to the gasoline sales and automobile service uses on the
property. Therefore, Mitigation Measure No. 1, for Item No. 41
(Land Use) , as found on Page 21 of 36 of the Initial Study, is
hereby deleted and replaced with the following mitigation measures
which are equivalent or more effective in mitigating significant
effects to Land Use resulting from the proposed project to a less
than significant level, and that do not cause any potentially
significant effect on the environment:
P.C. Resolution No. 95-04.
Page 5 of 10
la. Any future change to the size of the convenience store or
to the area dedicated to the service, repair, or fueling
of automobiles shall require a re-examination of the
Conditional Use Permit by the Planning Commission,
including, but not limited to, additional environmental
review as required by the provisions of the California
Environmental Quality Act (CEQA).
1b. Any new use or expansion to an existing use proposed on
the subject property shall be subject to review and
approval of a Revision to the Conditional Use Permit,
including, but not limited to, additional environmental
review as required by the provisions of the California
Environmental Quality Act.
1c. Conditional Use Permit No. 182 shall be reviewed by the
Planning Commission six (6) months from the date of
issuance of a Certificate of Occupancy or Final building
permits for the new construction, whichever occurs first,
to ensure compliance with all Conditions of Approval for
Conditional Use Permit No. 182 and with all mitigation
measures imposed. At that time, the Planning Commission
may add, delete, or modify Conditions of Approval as
deemed necessary and appropriate. Notice of said review
shall be provided in accordance with the provisions of
Section 17.56.050 of the Rancho Palos Verdes Development
Code.
1d. The hours of operation shall be limited as follows:
Sunday - Thursday: 5:00 a.m. to 11:00 p.m.
Friday - Saturday: 5:00 a.m. to Midnight
Section 11: Although the site is currently used for the
dispensation of fuels, it is not anticipated that the proposed
project would result in the use of large amounts of fuel, water, or
energy in a wasteful manner. Additionally, although the proposed
operation of the convenience store will increase the use lighting
and energy beyond existing levels on the site, this increase is not
considered significant with respect to any impacts on Natural
Resources. Therefore, the proposed project will not result in an
increase in the rate of use of any natural resources, nor will it
result in a substantial depletion of any nonrenewable natural
resources. Accordingly, no mitigation measures have been required
with respect to Natural Resources.
Section 12: As the proposed project is for the continued
operation of an existing gas station, as well as the installation
of two new additional fueling pumps and a propane fueling tank
which, by their nature, are subject to risks associated with
explosion or the release of hazardous substances (including, but
not limited to oil, pesticides, chemicals, or radiation) in the
P.C. Resolution No. 95-04.
Page 6 of 10
•
event of an accident or upset
identified impacts to the Risk of
In order to reduce these impacts
mitigation measures (as described
been required.
•
conditions, the Initial Study
Upset resulting from the project.
to less than significant levels,
in the attached Exhibit "A") have
Section 13: In accordance with the General Plan Housing
Element policies and the Southern California Association of
Governments (SCAG) Regional Housing Assessment Needs (RHNA), the
proposed project will not alter the location, distribution,
density, or growth rate of the human population in the area above
what is forecasted in adopted City plans and policies, nor will the
project affect existing housing, or create a demand for additional
housing. Consequently, no mitigation measures have been required
with respect to Population or Housing.
Section 14: Since Hawthorne Boulevard is a major arterial
roadway which is served by the No. 444 line of the Rapid Transit
District (RTD) of the Metropolitan Transit Authority (MTD) and
Granvia Altamira is a collector street, the site is adequately
served by local transportation systems which will not be impacted
by the proposed project. Additionally, the proposed project site
is not served by any waterborne, rail, or air transportation
systems which would be impacted by the proposed project.
Accordingly, no mitigation measures have been required with respect
to these Transportation/Circulation issues.
While the project may result in the generation of additional
vehicular movement with respect to Transportation/ Circulation, the
potential increase in traffic volumes generated by the proposed
project will not significantly impact existing traffic volumes
along either Hawthorne Boulevard or Granvia Altamira. Similarly,
although the project may result in alterations to present patterns
of circulation or movement of people and/or goods, the applicant
has not proposed any changes to the existing access and/or
circulation which would result in a significant increase in traffic
volumes. Finally, whereas the project may result in an increase in
traffic hazards to motor vehicles, bicyclists, or pedestrians, the
Lomita Sheriff's Station has reported a total of 43 accidents, 17
of which have resulted in injury, at intersection of Hawthorne
Boulevard and Granvia Altamira since 1990. The total accident rate
has declined from 25 during the two year period of 1990-91 to a
total of 18 during the subsequent three year period of 1992 -
present. Therefore, the proposed project will not result in a
significant increase in traffic volumes which would result in
increased hazards to motor vehicles, bicyclists, or pedestrians.
Accordingly, these impacts to Transportation/ Circulation are not
expected to be significant, and no mitigation measures have been
required.
P.C. Resolution No. 95-04.
Page 7 of 10
However, while there is adequate area on the property for the
parking of vehicles, there have been no loading spaces indicated on
the plans as submitted. Therefore, the proposed project may result
in impacts to existing parking facilities or demands for new
parking. As such, mitigation measures (as described in the
attached Exhibit "All) have been required to reduce impacts
associated with parking facilities to less than significant levels.
Section 15: In order to reduce impacts to Public services
with respect to fire protection and police protection which may
have an effect upon, or result in a need for new or altered
governmental services, mitigation measures (as described in the
attached Exhibit "All) have been incorporated to reduce these
impacts to less than significant levels.
However, since the proposed project will not create a significant
additional demand or require the expansion of existing schools,
parks or other recreational facilities, maintenance of public
facilities (including roads), or other governmental services,
impacts to these agencies with respect to Public Services is not
considered significant, and no mitigation measures have been
required.
Section 16: That, by its nature, the existing automobile
service station provides goods and services based on the use of
motor fuel, which may result in the use of substantial amounts of
fuel or energy. However, since the proposed improvements will not
increase existing demand for fuel, nor will it likely draw
additional new customers for fuel service due to the remote
location of the subject property in relation to other similar
services within Los Angeles County, the proposed project is not
expected to result in a significant impact on Energy, or result in
the use of substantial amounts of fuel or energy beyond those
levels currently existing. Consequently, no mitigation measures
have been required.
Section 17: The proposed project will not result in the
need for new systems, or substantial alterations to Utilities,
including power or natural gas, communication systems, water, sewer
or septic tanks, storm water drainage, or solid waste disposal.
For this reason, no mitigation measures have been required with
respect to Utilities.
Section 18: Because the applicant proposes the sale of hot
and cold prepared food items, the Initial Study identified
potential impacts to Human Health which may be associated with food
borne bacteria and related illnesses. Accordingly, mitigation
measures (as described in the attached Exhibit "All) have been
required to reduce these impacts to less than significant levels.
P.C. Resolution No. 95-04.
Page 8 of 10
However, while the pumping of gasoline and operation of automobile
services may impact human health, the impacts associated with
exposure to these products is not expected to increase beyond the
existing uses. Therefore, the impacts to Human Health associated
with the exposure of people to potential health hazards has been
determined to not be a significant impact, and no mitigation
measures have been required.
Section 19: While construction of the proposed
improvements will not impair scenic views from any protected
viewing area as defined by the City's Development Code, the subject
property is located along Hawthorne Boulevard which is defined by
the City's General Plan as a Vehicular Corridor with Adjacent Land
Areas to be Restored. As such, the proposal may result in the
creation of an aesthetically offensive site open to public view.
For this reason, mitigation measures (as described in the attached
Exhibit "All) have been required to reduce any impacts associated
with Aesthetics to less than significant levels.
Section 20: Since the proposed project will not result in
the demand for new recreational facilities and/or expansion of
existing programs beyond planned capacities, no significant impacts
will occur to Recreation. Therefore, no mitigation measures have
been required with respect to Recreation.
Section 21: Since the automobile service station uses are
already in existence and the site is entirely paved with asphalt,
the installation of the new fueling pumps, propane tank, and
construction of the proposed additions will not require any
additional grading which would result in adverse impacts to
Cultural Resources. Accordingly, no mitigation measures have been
required.
Section 22: For reasons discussed in the Initial Study,
which is attached hereto by reference, the proposed convenience
store and new fueling pumps would not affect any habitats for fish
or wildlife; nor will it threaten animal or plant communities since
no removal of existing vegetation or habitat areas will occur.
Therefore, no significant impacts to these resources would be
created through the implementation of this project.
Section 23: For reasons discussed in the Initial Study,
which is attached hereto by reference, the project would not have
any potential to achieve short-term, to the disadvantage of long-
term, environmental goals.
Section 24: For reasons discussed in the Initial Study,
which is attached hereto by reference, the project would not have
impacts which are individually limited, but cumulatively
considerable.
P.C. Resolution No. 95-04.
Page 9 of 10
Section 25: For reasons discussed in the Initial Study,
which is attached hereto by reference, the project would not have
environmental impacts that will cause substantial adverse effect on
human beings, either directly or indirectly.
Section 26: The applicant has consulted the lists prepared
pursuant to Section 65962.5 of the Government Code and has
submitted a signed statement indicating whether the project and any
alternatives are located on a site which is included on any such
list, and has specified any such list. The Lead Agency has
consulted the lists compiled pursuant to Section 65962.5 of the
Government Code, and has certified that the development project and
any alternatives proposed in this application are not included in
these lists of known Hazardous Waste and Substances Sites as
compiled by the California Environmental Protection Agency.
Section 27: For the foregoing reasons and based on the
information and findings contained in the Initial Study, Staff
Report, minutes, and records of the proceedings, which are all
attached hereto by reference, the Planning commission hereby adopts
the Mitigated Negative Declaration making certain environmental
findings in association with Environmental Assessment No. 667 for
installation of two new additional gasoline fueling pumps,
installation of a new propane fueling tank, and construction of a
1,463 square foot addition to the existing building for operation
of a new 1,450 square foot convenience store with the joint sale of
alcohol and motor fuel at an existing automobile gasoline and
service station located at 28103 Hawthorne Boulevard, subject to
the mitigation measures contained in the attached Exhibit "All -
Mitigation Monitoring and Reporting Program, which contains
conditions and mitigation measures necessary to protect the public
health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 14th day of February 1995,
by the following vote:
AYES: Alberio, Ferraro, Vanno
@3 ,
ABSTENTIONS: None
ABSENT: Wang
Bret B Be�fnard, AICP, Director of
Plann ng, Buildug, and Code
Enforcement; and, Secretary to the
Planning Commission
Whiteag:gK, Hayes, Mowlds
ene Mowlds, II
irman
TS#15 RESEA667 PC
P.C. Resolution No. 95-04.
Page 10 of 10
EXHIBIT "A"
MITIGATION MONITORING PROGRAM
PREPARED IN ASSOCIATION WITH
ENVIRONMENTAL ASSESSMENT NO. 667
FOR
CONDITIONAL USE PERMIT NO. 182
28103 HAWTHORNE BOULEVARD
RANCHO PALOS VERDES, CA
FEBRUARY 14, 1995
cl
a
TABLE OF CONTENTS
Introduction 2
II. Management of the Mitigation Monitoring Program 3
Roles and Responsibilities 3
Mitigation and Monitoring Program Procedures 3
Mitigation Monitoring Operations 4
III. Mitigation Monitoring Program Checklist 5
IV. Mitigation Monitoring Summary Table 6
Page 1 of 11
E
I. INTRODUCTION
This Mitigation Monitoring Program (MMP), for the expansion of the existing automobile service
station located at 28103 Hawthorne Boulevard in the,City of Rancho Palos Verdes, responds to
Section 21081.6 of the Public Resources Code. Section 21081.6 requires a lead or responsible
agency that approves or carries out a project where a Mitigated Negative Declaration has identified
significant environmental effects, to adopt a "reporting or monitoring program for adopted or
required changes to mitigate or avoid significant environmental effects." The City of Rancho Palos
Verdes is acting as lead agency for the project.
An Initial Study/Mitigated Negative Declaration was prepared to address the potential environmental
impacts of the project Where appropriate, this environmental document recommended mitigation
measures to mitigate or avoid impacts identified. Consistent with Section 21080 (2)(c) of the
Public Resources Code, a mitigation reporting or monitoring program is required to ensure that the
adopted mitigation measures under the jurisdiction of the City are implemented. The City will adopt
this MMP when adopting the Mitigated Negative Declaration.
This MMP has been prepared in accordance with the California Environmental Quality Act of 1970
(CEQA), as amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for
Implementation of CEQA (CEQA Guidelines), as amended (California Administrative Code Section
15000 et seq.). This MMP complies with the rules, regulations, and procedures adopted by the
City of Rancho Palos Verdes for implementation of CEQA.
MITIGATION MONITORING PROGRAM REQUIREMENTS
Section 21081.6 of the Public Resources Code states: "When making the findings required by
subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph
(2) of subdivision (c) of Section 21081, the public agency shall adopt a reporting or monitoring
program for the changes to the project which it has adopted or made a condition of project
approval in order to mitigate or avoid significant effects on the environment. The reporting or
monitoring program shall be designed to ensure compliance during project implementation For
those changes which have been required or incorporated into the project at the request of an
agency having jurisdiction by law over natural resources affected by the project, that agency shall,
if so requested by the lead or responsible agency, prepare and submit a proposed reporting or
monitoring program."
•
E
1111. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design, pre -
grading, construction, and operation. The City will have the primary enforcement role for the
mitigation measures.
MITIGATION MONITORING PROGRAM PROCEDURES
The mitigation monitoring procedures for this MMP consists of, filing requirements, and compliance
verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below.
Mitigation Monitoring Program Checklist
The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition,
the Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure
will occur; the method of verification of compliance; the timing of verification; the department or
agency responsible for implementing the mitigation measures; and compliance verification. Section
III provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be
established, organized, and retained by the City of Rancho Palos Verdes department of Planning,
Building, and Code Enforcement.
Compliance Verification
The MMP Checklist shall be signed when compliance of the mitigation measure is met according
to the City of Rancho Palos Verdes Director of Planning, Building, and Code Enforcement. The
compliance verification section of the MMP Checklist shall be signed, for mitigation measures
requiring ongoing monitoring, and when the monitoring of a mitigation measure is completed.
The following steps shall be followed for implementation, monitoring, and verification of each
mitigation measure:
1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall
designate a party responsible for monitoring of the mitigation measures.
2. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall
provide to the party responsible for the monitoring of a given mitigation measure, a copy of
the MMP Checklist indicating the mitigation measures for which the person is responsible
and other pertinent information.
3. The party responsible for monitoring shall then verify compliance and sign the Compliance
Verification column of the MMP Checklist for the appropriate mitigation measures.
Mitigation measures shall be implemented as specified by the MMP Checklist. During any project
phase, unanticipated circumstances may arise requiring the refinement or addition of mitigation
measures. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement
with advice from Staff or another City department, is responsible for recommending changes to the
mitigation measures, if needed. If mitigation measures are refined, the Director of Planning,
Building, and Code Enforcement would document the change and shall notify the appropriate
design, construction, or operations personnel about refined requirements.
INTRODUCTION
I
This section provides the MMP Checklist for the project as approved by the Planning Commission
of the City of Rancho Palos Verdes on February 14, 1995. Any mitigation measures or portions
of mitigation measures that have been changed from those presented in the Initial Study/Mitigated
Negative Declaration are shown with underline (new text) and/or strikeouts (old text). The changes
made during the public review process and approved by the Planning Commission do not have an
environmental effect and do not change the conclusions of the environmental analysis in the
Mitigated Negative Declaration They have been made to: reflect more stringent standards or more
accurate information, and/or more accurately reflect the appropriate method of timing,
responsibility, compliance or penalties.
Mitigation measures are listed in the order in which they appear in the Initial Study.
Types of measures are project design, construction, operational, or cumulative.
Time of Implementation indicates when the measure is to be implemented.
Responsible Entity indicates who is responsible for implementation.
Compliance Verification provides space for future reference and notation that
compliance has been monitored, verified, and is consistent with these mitigation
measures.
Page 5 of 11
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
• IMPLEMENTATION ENTITY VERIFICATION
..ORANGE �G ............ .................. .....
The site shall be landscaped in accordance with Project Design Prior to issuance of a Applicant
all requirements of Section 17.25.030(a.1) and Construction Certificate of Occupancy, or City
17.36.073(L) of the Rancho Palos Verdes issuance of Final Building
Development Code. In the event that one Permits, whichever occurs
requirement differs over another, the stricter first.
shall apply.
... .OR..DISP. .S
The applicant and/or landowner shall comply Project Design Ongoing Applicant
with all requirements of the City of Rancho Operational City
Palos Verdes and the County of Los Angeles.for County of Los Angeles
the disposal of hazardous wastes and
chemicals.
The applicant and/or landowner shall comply Project Design Ongoing Applicant
with all recommendations and requirements of Operational City
the Los Angeles County Fire Department for the LA County Fire Dept.
installation and operation of the new propane
fueling tank and for the continued operation of
the existing motor fuel pumps.
The hours of construction shall be limited to Construction During construction Applicant
7:00 a.m. to 7:00 p.m., Monday through City •
Saturday. No construction shall be permitted
on Sunday or on legal holidays.
The hours of operation as well as deliveries for Operational Ongoing Applicant
the convenience store and propane fueling tank
shall be restricted to reduce impacts associated
with noise to surrounding residential properties.
Page 6 of 11
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES - TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
All mechanical construction equipment shall be Construction During Construction Applicant
kept well tuned and, where possible, shall be
equipped with muffler devices.
::�:::LAG HT::A►NDG LAR
All exterior lighting shall be shielded and Project Design During Construction and Applicant •
directed downwards to prevent direct Operational Ongoing City
illumination of or towards neighboring
properties.
All exterior lighting shall be turned off at the Operational Ongoing Applicant
close of business hours. Only limited security
lighting shall be permitted after business hours.
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Page 7 of 11
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
Any future change to the size of the Cumulative N/A Applicant
convenience store or to the area dedicated to City
the service, repair, or fueling of automobiles
shall require a re-examination of the Conditional
Use Permit by the Planning Commission,
including, but not limited to, additional
environmental review as required by the •
provisions of the California Environmental
Quality Act (CEQA).
Any new use or expansion to an existing use Cumulative N/A Applicant
Proposed on the subject property shall be City
subiect to review and approval of a Revision to
the Conditional Use Permit, including, but not
limited to, additional environmental review as
required by the provisions of the California
Environmental Quality Act.
Conditional Use Permit No. 182 shall be Operational Six months from the date of Applicant
reviewed by the Planning Commission six (6) Cumulative issuance of a Certificate of City
months from the date of issuance of a Occupancy or Final Building
Certificate of Occupancy or Final building Permits, whichever occurs1111
permits for the new construction, whichever first.
occurs first, to ensure compliance with all
Conditions of Approval. At that time, the
Planning Commission may add, delete, or
modify Conditions of Approval as deemed
necessary and appropriate. Notice of said
review shall be provided in accordance with the
provisions of Section 17.56.050 of the Rancho
Palos Verdes Development Code.
Page 8 of 11
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
The hours of operation shall be limited as Operational Ongoing Applicant
follows:
Sunday - Thursday:
5:00 a.m. to 11:00 p.m.
Friday - Saturday: •
5:00 a.m. to Midnight
The landowner shall be required to comply with Operational Ongoing (subject to Applicant
all recommendations and requirements of the approval for the joint sale of
State Alcoholic Beverage Control Department. alcohol and motor fuel by
the City).
The landowner shall comply with all Construction Prior to issuance of Building Applicant
requirements of Section 17.25.050 Operational Permits, during
(Convenience Stores) of the Rancho Palos construction, and ongoing.
Verdes Development Code.
RIS ::OF UPSET
The applicant and/or landowner shall comply Project Design Prior to issuance of Building Applicant
with all recommendations and requirements of Operational Permits and ongoing City
the Los Angeles County Fire Department. LA County Fire Dept.
The applicant and/or landowner shall comply Operational Ongoing Applicant
with all recommendations and requirements of
the Los Angeles County Department of Public
Works - Waste Management Division.
The applicant and/or landowner shall with all Operational Ongoing Applicant
requirements of the City of Rancho Palos City
Verdes and the County of Los Angeles for the LA County
disposal of hazardous wastes and chemicals.
Page 9 of 11
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
The applicant and/or landowner shall comply Project Design Prior to issuance of Building Applicant
with all recommendations and requirements of Operational Permits and ongoing City
the Los Angeles County Fire Department for the LA County Fire Dept.
installation and operation of the new propane
fueling tank for the continued operation of the
existing motor fuel pumps.
:::Tf f
TRANSP!ORTATIO N/C:I RULA..t0.OIW..
The landowner shall provide loading zone Project Design Prior to issuance of Building Applicant
parking spaces for the proposed use as Permits and ongoing. City
described in the Rancho Palos Verdes
Development Code.
:.:.:.......................:...................
PUBLIC
SERVICES
:
The applicant and/or landowner shall comply Project Design Prior to issuance of Building Applicant
with all recommendations and requirements of Operational Permits and Ongoing City
the Los Angeles County Fire Department. LA County Fire Dept.
All management personnel shall attend a Operational Ongoing Applicant
Sheriff's Crime Prevention Class to acquaint
them with personal safety, security, and crime
prevention techniques, and other law
enforcement concerns. Proof of attendance11111/
must be provided annually prior to business
license renewal.
The premises shall be staffed with a minimum Operational Ongoing Applicant
of two (2) employees during all hours that the
convenience store uses is open to the public.
Adequate interior and exterior security lighting, Project Design Ongoing Applicant
in accordance with all other applicable Operational
provisions of the Development Code and these
Conditions of Approval, shall be provided.
Page 10 of 11
MITIGATION MONITORING PROGRAM - CONDITIONAL USE PERMIT NO. 182
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
The counter/cashier area shall be readily visible Operational Ongoing Applicant
from the street at all times.
A limited access money depository shall be Operational Ongoing Applicant
provided on the premises.
-
All prepared and packaged food items shall be Operational Ongoing Applicant
served and sold in accordance with the LA County Health
conditions and requirements of the Los Angeles Dept.
County Department of Health.
The site shall be landscaped in accordance with Project Design Prior to issuance of a Applicant
all requirements of Sections 17.25.030(A.1) Construction Certificate of Occupancy, or City
and 17.36.073(L) of the Rancho Palos Verdes issuance of Final Building
Development Code. In the event that one Permits, whichever occurs
requirement differs over another, the stricter first.
shall apply.
Page 11 of 11