PC RES 1995-005P.C. RESOLUTION NO. 95-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 182, WITH
CONDITIONS, 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 (WITHOUT 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, and on January 5, 1995
submitted application for Sign Permit No. 720 for consideration of
two new additional gasoline fueling pumps, installation of a new
propane fueling tank, 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,
and installation of new signs at 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
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, to include additional services such as
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 into 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 the
Mitigated Negative Declaration and consistent with the records of
the proceedings, has deleted certain mitigation measures as
identified in Section 10 of P.C. Resolution No. 95- 1 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1: The subject property is approximately 41,867
square feet in area, which is adequate in size and shape to
accommodate the existing and proposed use and for all of the
required yards, setbacks, walls or fences, landscaping and other
features required by the Automobile Service Overlay District or by
Conditions of Approval contained in the attached Exhibit "All to
adjust said use with those uses on abutting land and within the
neighborhood.
P.C. Resolution No. 95-05.
. Page 2 of 13
Section 2: That the subject property is located on
Hawthorne Boulevard, a major arterial roadway, at the intersection
of Granvia Altamira, a collector street, which are properly
designed to carry the type and quantity of traffic generated by the
existing and proposed uses.
Section 3: That, pursuant to the findings and mitigation
measures contained in the Initial Study and Mitigated Negative
Declaration prepared in conjunction with Environmental Assessment
No. 667 for this project, there will be no significant adverse
effect on adjacent property or the permitted use thereof resulting
from this project since mitigation measures as described in the
Mitigation Monitoring Program and additional Conditions of
Approval, as deemed appropriate by the Planning Commission, have
been incorporated as part of this approval to reduce any impacts
associated with this project to less than significant levels.
Section 4: That the project is not contrary to the General
Plan since the use is consistent with the goals and policies of the
General Plan's Automobile Service Overlay Control District in that
the conditions and mitigation measures imposed on the project
recognize and preserve the unique characteristics of the
neighborhood in which the project is sited.
Section
5: That in requiring certain safeguards, the
Planning Commission deems the following requirements to be the
minimum necessary to protect the health, safety, and general
welfare:
a.
Special setbacks and buffers;
b.
Fences and/or walls;
C.
Lighting;
d.
Regulation of points of vehicular ingress and
egress;
e.
Regulation of noise, vibration, odors, etc.;
f.
Maintenance of the structures, grounds, and/or
signs;
g.
Other such conditions as will make possible the
development of the City in an orderly and efficient
manner and in conformity with the intent and
purposes set forth in the City's Development Code.
Section 6: That the proposed convenience store will not
contribute to the undesirable proliferation of such uses based on
consumer demand within the market area of the store since the
proposed sales of convenience items will be auxiliary to the
automobile service uses on the property, and since the sale of
convenience goods is a permitted use under the Automobile Service
Overlay Control District.
P.C. Resolution No. 95-05.
Page 3 of 13
Section 7: The proposed convenience store will be of a
design that respects the visual character of the site and is an
enhancement to the surrounding area since the structure will be
less than sixteen (16) feet in height and will be located a minimum
of fifty-six (56) feet from Granvia Altamira, and a minimum of
ninety-two (92) feet from Hawthorne Boulevard. Additionally, the
applicant will be required to install landscape buffers and
planting areas to improve the aesthetic appearance of the property,
and will be required to take measures to reduce trash and debris.
Section 8: That the sale of alcoholic beverages has been
prohibited and will therefore not adversely affect adjacent or
nearby places of worship, schools, parks, recreation centers,
playgrounds, or residences.
Section 9: That since the property is located within three
hundred (300) feet of a residential boundary, restrictions on the
hours of operation and hours during which deliveries may be made
have been imposed which will avoid disruption of residents' sleep
between the hours of eleven p.m. and six a.m.
Section 10: 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 11: 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 each
attached hereto by reference, the Planning Commission hereby
approves conditional Use Permit No. 182 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 (without the joint sale of alcoholic beverages)
at an existing automobile gasoline and service station located at
28103 Hawthorne Boulevard, subject to the mitigation measures
contained in the Mitigation Monitoring Program prepared for the
Initial Study and Mitigated Negative Declaration which are each
hereby attached by reference, and subject to the Conditions of
Approval contained in the attached Exhibit "All which are necessary
to protect the public health, safety, and welfare.
P.C. Resolution No. 95-05.
Page 4 of 13
s
PASSED, APPROVED, and ADOPTED this 14th day of February 1995,
by the following vote:
Enforcement; and, -Secretary to the
Planning Commission
P.C. Resolution No. 95-05.
Page 5 of 13
•
0
EXHIBIT "All
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 182
28103 HAWTHORNE BOULEVARD
GENERAL
1. Within thirty (30) days following adoption of this Resolution,
the applicant shall submit to the City a statement, in
writing, that he has read, understands, and agrees to all
Conditions of Approval contained in this Resolution. Failure
to provide said written statement shall render this approval
null and void.
2. Unless the Department of Fish and Game determines that this
project is exempt from a filing fee imposed pursuant to Fish
and Game Code Section 711.4, the applicant shall submit to the
City payment of such fee made payable to the County Clerk of
Los Angeles, along with the County's documentation fee, no
later than 48 hours after project approval. The applicant
shall also be responsible for payment of any fines the
Department of Fish and Game determines to be owed. Project
approval is not operative, vested, or final until the filing
fees are paid or a Certificate of Fee Exemption is properly
completed. A minimum fee of $25.00 for documentation handling
shall be submitted to the City within 48 hours of project
approval for processing of the Certificate of Fee Exemption
(De Minimus Impact Finding).
3. This Conditional Use Permit 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. 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.
4. The sale of alcoholic beverages, including but not limited to,
beer, wine, distilled spirits, and/or similar beverages shall
not be permitted. However, not less than forty-five (45) days
prior to the six (6) month review by the Planning commission
as described above in Condition No. 2, the applicant may
submit an application for a Revision to this Conditional Use
Permit to allow the sales of alcoholic beverages. Said
application, if submitted, shall be considered by the Planning
Commission at the time the six (6) month review, as described
above in Condition No. 2, is conducted by the Planning
Commission.
P.C. Resolution No. 95- 05.
Page 6 of 13
5. Any accessory activities or services that change or intensify
the use of the convenience store, including but not limited to
automatic teller machines, video rentals, drive -up windows and
sit down dining require prior review and approval by the
Director of Planning, Building, and Code Enforcement. The
Director has the discretion to refer the requested activity to
the Planning Commission for review and consideration.
6. The existing public telephones located at the northeast corner
of the property shall either be removed from the property or
relocated and affixed on or directly adjacent to the eastern
or southern side of the building.
7. There shall be no amplified music outside the building.
8. The plans as submitted shall be revised to provide a minimum
of one (1) restroom each for men and women. Each restroom
shall comply with the requirements of the Americans with
Disabilities Act (ADA). The restrooms shall be located and
accessed solely from inside the building.
HOURS OF OPERATIONIDELIVERIES
9. 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
10. With exception to the delivery of gasoline products, no
deliveries are permitted to the site between the hours of 9:00
p.m. to 6:00 a.m. daily. Gasoline products may be delivered
to the site 24 hours a day, seven days a week.
BUILDING/CONSTRUCTION
11. All mechanical equipment shall be screened and/or covered so
that it is not visible or audible from adjacent residential
properties. All mechanical equipment shall be located as far
as possible from adjacent residential properties. Any roof
mounted equipment shall be limited to the lowest height
possible, and shall be screened in accordance with these
conditions.
12. Appropriate sound insulation techniques and filters shall be
utilized to minimize noise and odors emanating from the
convenience store.
P.C. Resolution No. 95-05
Page 7 of 13
TRASH ENCLOSURES) LITTER REMOVAL
13. Trash enclosures, of a design subject to review and approval
by the Director of Planning, Building, and Code Enforcement
shall be integrated into the site landscaping and design. The
owner/operator shall maintain the trash cans to prevent
offensive odors and shall empty the trash cans on a regular
basis. Trash cans shall be placed so as not to impair
handicapped accessibility in the following locations:
a. One (1) trash can shall be placed at or near the
northeastern corner of the property (along Granvia
Altamira).
b. One (1) trash can shall be placed at or near the
southwestern corner of the property (along
Hawthorne Boulevard).
C. One (1) trash can shall be placed at the
southwestern corner of the structure (near the auto
service bays)
d. One (1) trash can shall be placed at the
southeastern corner of the structure (near the
corner of the convenience store area).
e. One trash can shall be placed at the entrance to
the convenience store area.
f. Two (2) additional trash cans shall be placed at
appropriate intervals in the parking lot area.
14. The landowner/operator of the automobile service station and
convenience store and/or his designee shall be required to
inspect the entire property and the abutting public parkway
(curb, gutter, and sidewalk) for any stray trash and/or litter
which may have been deposited. The inspections shall be
conducted on a daily basis between the hours of 3:00 - 5:00
p.m., and'any said debris shall be picked up and deposited in
appropriate trash receptacles.
15. The trash dumpster/refuse area enclosure on the property shall
not exceed six (6) feet in height, and shall be equipped with
a gate or doors which screen the receptacles from public or
private view. The doors shall be equipped with self-closing
features, and shall be locked when not being accessed by the
owner/operator for removal or deposit of trash.
P.C. Resolution No. 95-05
Page 8 of 13
16. The landowner/operator is encouraged to work with the
surrounding adjacent property owners on Santana Drive to
arrange a cooperative agreement for removing any trash and
debris which may result from the convenience store and/or
other activities on the subject property.
LIGHTING
17. All exterior lighting shall be shielded and directed downwards
to prevent direct illumination of or towards adjacent
properties.
18. With exception to security lighting, all interior and exterior
lighting shall be turned off at the close of business.
Security lighting shall be the minimum necessary to provide
safety on the subject property, and shall be subject to review
and approval by the Director of Planning, Building, and code
Enforcement.
19. Within forty-five (45) days following its installation, all
exterior lighting shall be subject to review and approval by
the Director of Planning, Building, and Code Enforcement, and
may be subject to a reduction in the lumens, or the
installation of additional screening should the Director find
the lighting to be excessive or intrusive on neighboring
properties.
LANDSCAPING
20. Prior to submittal of plans to the Division of Building and
Safety for plan check, the owner/applicant shall submit to the
City a landscape planting and irrigation plan. Said plans
shall be subject to review and approval by the Director of
Planning, Building, and Code Enforcement prior to issuance of
Building Permits. Prior to issuance of a Certificate of
Occupancy or issuance of Final Building Permits, whichever
occurs first, all landscaping and irrigation shall be
installed in substantial conformance to the approved plans.
The approved landscape planting and irrigation plans shall
include the following:
a. A minimum of eighty (80) percent drought tolerant plant
materials.
b. All selected trees shall be of a species that can be
maintained not to exceed sixteen (16) feet in height. A
maximum of two (2) queen palms, or similar palm species
may be used as monument trees at the southeastern corner
of the property (at the intersection of Granvia Altamira
and Hawthorne Boulevard).
P.C. Resolution No. 95-05.
Page 9 of 13
C. The irrigation plan shall utilize drip irrigation and/or
bubblers wherever possible.
d. To the maximum extent possible, the landscape planting
plan shall include species sufficient to provide a buffer
and screen the subject property, including the buildings
and parking lot areas, from neighboring residential
properties.
e. With exception to the landscaped planting areas located
at the southeastern corner of the property (adjacent to
the intersection of Hawthorne Boulevard and Granvia
Altamira), and the area located between the two driveways
on Granvia Altamira, a minimum five (5) foot wide
landscape buffer strip shall be provided along the street
frontages along Granvia Altamira and Hawthorne Boulevard.
f. The western and northern boundaries of the property shall
be landscaped with a minimum eight (8) foot wide buffer,
exclusive of any fences or walls placed at or near the
property lines.
g. The square footage and configuration of the landscaped
planting areas located at the southeastern corner of the
property (adjacent to the intersection of Hawthorne
Boulevard and Granvia Altamira), and the area located
between the two driveways on Granvia Altamira shall
conform substantially to the plans submitted to the City
on September 29, 1994.
h. Any "walkway" or otherwise accessible area located
between the top of the slope along the northern property
line and fencing as required by this approval shall be
landscaped with a barrier type shrub (with thorns) to
discourage pedestrian access on the northern side of the
fence. Similar landscaping material shall be installed
on the southern side of the fencing, and for a minimum
length of ten (10) feet along the western property line,
near Hawthorne Boulevard.
i. The use of outdoor carpeting, artificial plants, or
similar materials in lieu of live plant material shall
not be permitted in any of the required landscape
planting areas.
P.C. Resolution No. 95-05
Page 10 of 13
FENCING
21. A six (6) foot high solid fence, concrete block wall, or chain
link fence with wooden slats shall be installed along the
northern and western property line, as close as practical to
the top of the slope.
PARKING
22. The plans as submitted shall be revised to provide a minimum
of one (1) loading zone space. If possible, the loading zone
area shall be located in an area that is sufficiently screened
from view from surrounding residential properties. All other
parking spaces shall be provided in accordance with the plans
submitted to the City on September 29, 1994.
23. Only vehicles scheduled for next day service or for pick-up
after service may be parked on the property overnight. All
interior service bays shall first be used for the overnight
storage of vehicles. Overnight parking of vehicles out of
doors shall only be permitted when all interior parking spaces
have first been utilized. Any excess vehicles parked out of
doors shall be parked either directly in front of the service
bays, or along the western property line in an area
sufficiently screened from view from surrounding residential
properties.
24. During operating hours, employee vehicles and vehicles
awaiting service shall be parked on-site in areas which are
substantially screened from view from the public right-of-way
and neighboring residential properties.
25. The renting of parking spaces (for a fee or not for a fee) for
either the interior or exterior storage of vehicles, boats,
trailers, trucks, etc., other than those vehicles scheduled
for next day service or for pick-up after service, shall not
be permitted.
PROPANE TANK
26. The propane tank shall be located in conformance with the
requirements of the Division of Building and Safety and the
Los Angeles County Fire Department. To the maximum extent
permissible by the Los Angeles County Fire Department, walls
or similar enclosures shall be constructed around the tank to
screen the tank from view from surrounding residences and from
the public right-of-way. The propane tank shall be located a
minimum of twenty (20) feet from any property line.
27. The operation and sales of propane fuel shall be limited to
7:00 a.m. to 7:00 p.m. Monday through Friday; and 8:00 a.m. to
7:00 p.m. Saturday and Sunday.
P.C. Resolution No. 95-05.
Page 11 of 13
0, 0
CONSTRUCTION/STRUCTURE
28. The maximum height of the new construction shall not exceed
sixteen (16) feet, as measured pursuant to the provisions of
Section 17.02.040 of the Rancho Palos Verdes Development Code.
29. All minimum setbacks shall be maintained as shown on the plans
submitted to the City on September 29, 1994.
30. Unless otherwise designated in these conditions, all
construction shall be completed in substantial conformance to
the plans as submitted to the City On September 29, 1994.
31. During construction, the site shall be maintained free and
clear of all trash and debris. All construction materials
shall be neatly stored in an area substantially screened from
surrounding residential properties.
32. In the event that these conditions conflict with the
recommendations and/or requirements of another permitting
agency or City department, the stricter shall apply.
AUTOMOBILE SERVICE
33. All servicing of vehicles shall be conducted within the
existing building. Tire changes/repair, fuse and bulb
service, oil changes, battery service, windshield wiper
replacement, and other similar minor repair services which do
not require the use of any noise emitting mechanical equipment
may be conducted out of doors directly adjacent to the
existing service bays; however, no noise emitting mechanical
equipment (such as air compressors or "impact guns" used for
tire changes) shall be used out of doors.
34. There shall be no outdoor storage of inoperable or dismantled
vehicles on the property.
MISCELLANEOUS
35. The site and store shall be continually maintained in a neat
and orderly manner and operated as specified by this
Conditional Use Permit.
36. Video and arcade games shall not be allowed.
37. With exception to minor automotive supplies (e.g., windshield
wipers, motor oil), the outdoor sale and/or display of
merchandise shall not be permitted.
P.C. Resolution No. 95-05•
1 Page 12 of 13
38. The applicant/landowner shall be required to obtain the
following permits/approvals (additional permits and/or
requirements may be imposed by other agencies or city
departments):
a. Permit from the Los Angeles County Health and Sanitation
Department for the sale and preparation of food items.
b. Permit from the Los Angeles County Agricultural
Commissioner - Weights and Measures for the registration
of new property ownership, new gasoline fuel pumps, and
new propane tank.
C. Approval from the Los Angeles County Department of Public
Works - Waste Management Division for dispensing fuel and
management of motor fuel waste products.
d. Approval from the Los Angeles County Fire Department for
the installation of new pumps and propane tank.
e. Approval from the Air Quality Management District (AQMD)
for the nozzles, Stage II vapor capture system, and any
soil contamination.
MITIGATION MEASURES PURSUANT TO ENVIRONMENTAL ASSESSMENT NO. 667
39. Unless otherwise modified herein, the landowner/applicant
shall comply with all mitigation measures contained in the
Mitigation monitoring Program prepared pursuant to the Initial
Study/Mitigated Negative Declaration for Environmental
Assessment No. 667.
40. The landowner/ applicant shall be responsible for all costs
associated with the implementation of the Mitigation
Monitoring Program.
P.C. Resolution No. 95-05.
Page 13 of 13
EXHIBIT "A"
CONDITIONS OF APPROVAL
SIGN PERMIT NO. 720
28103 HAWTHORNE BOULEVARD
1. Except as otherwise noted below, all signs and sign copy shall
conform substantially to the plans as submitted to the City on
September 29, 1994, and shall be installed so as not to impair
traffic, visibility, or pedestrian access. The following
signs shall be permitted:
a. One (1) six foot maximum height monument sign at the
southeastern corner of the property, at the intersection
of Hawthorne Boulevard and Granvia Altamira.
b. Two (2) "pegasus" Mobil logo signs:
1. One (1) on the eastern side of the building, facing
Granvia Altamira.
2. One (1) on the southern side of the building,
facing Hawthorne Boulevard.
C. One (1) Mobil Mart identification sign located on the
southern side of the building, facing Hawthorne
Boulevard, above the entrance to the convenience store
sales area.
d. One (1) legal price sign.
e. One (1) "snap-loc" changeable copy sign affixed to the
existing light standard at the driveway located on the
southwestern side of the property.
f. Two existing blue island fascia w/logos, four island
directional units, and two island marketing unit signs.
Page 1 of 1