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PC RES 1995-037t RESOLUTION NO. 95 -37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A FINAL MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 6731N ASSOCIATION WITH CONDITIONAL USE PERMIT NO. 186 FOR A NEW 1,674 SQUARE FOOT "TACO BELL" FAST FOOD RESTAURANT WITH DRIVE THROUGH SERVICES AT 28798 SOUTH WESTERN AVENUE. WHEREAS, Mr William Fancher, applicant, representing the property owner, Mr. Frank Stanton, has requested approval of Environmental Assessment No. 673 and Conditional Use Permit No 186 to allow the construction of a 1,674 square foot "Taco Bell" fast food restaurant at 28798 South Western Avenue, 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 186 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 notice issued pursuant to the provisions of the Development Code and State CEQA Guidelines, the Planning Commission held a public hearing on the project on August 8, 1995, October 10, 1995, and October 24, 1995, at which time all interested parties were given an opportunity to be heard and present evidence, 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 "B" NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE 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 proposed project will not result in significant P.C. Resolution No 95-37 Page 1 of 9 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 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. Section 3* It has been determined that the proposed project will not result in significant changes to Air Quality with respect to air emissions, the creation of objectionable odors, or deteriorations of ambient air quality, and no mitigation measures are required Section 4 Since the site was previously improved and occupied and remains 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 5. 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 f. Due to the location of the subject property along Western Avenue, which is a major arterial roadway, long term impacts to noise associated with the proposed restaurant use 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 restaurant, or exposure to people to severe noise levels, is not considered a significant impact. P C. Resolution No 95-37 Page 2 of 9 However, short term impacts associated with construction of the proposed restaurant 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 "A") have been incorporated Section 7 The Initial Study identified potential impacts to Light and Glare which may result due to the proposed hours of operation for the restaurant, as well installation of exterior lighting For this reason, mitigation measures (as described in the attached Exhibit "A") have been incorporated to reduce any impacts to Light and Glare resulting from the proposed project to less than significant levels Section 8 The Initial Study identified potential impacts to the present land use on the property In consideration of the existing unoccupied and previous uses (automobile service station and plant nursery) on the site, the proposed restaurant will result in an alteration of the present land use on the site However, while the existing structures would be demolished to allow for the construction of a new building, the proposed restaurant use is a permitted use within the Commercial General zoning district upon approval of a Conditional Use Permit. Therefore, the impact to land use is not considered to be significant, and no mitigation measures have been required Section 9- 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 restaurant will increase the use of 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 significant 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 10• Although there had been previous concern as to whether or not the gasoline storage tanks that were used during the operation of the automobile service station had been appropriately removed from the site, the applicant has provided information that has verified the removal of the fuel (oil and gasoline) tanks Therefore ,the proposed restaurant use will not be subject to risks associated with explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions, and no mitigation measures are necessary P C Resolution No 95-37 Page 3 of 9 Section 11 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 12 Since Western Avenue is a major arterial roadway which is served by the No 205 line of the Metropolitan Transit Authority (MTA) and the MAX No 3 line of the Torrance Transit system, and Caddington Drive 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 Western Avenue 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 However, as a result of the additional vehicular trips generated by the proposed project, as well as by a proposed project adjacent to the subject site (Christ Lutheran Church), the length south bound left hand turn pocket may not be adequate for movements onto both of the projects. As a result, mitigation measures (as described in the attached Exhibit "A") have been incorporated to reduce these impacts to less than significant levels Additionally, there is adequate area on the property to provide for the minimum number of parking spaces for vehicles required by the Development Code In addition, the Traffic Study prepared for the Mitigated Negative Declaration found that the amount of parking provided on the site was adequate for the proposed use, based on Transportation Engineering industry standards. Therefore, the proposed project will not result in impacts to existing parking facilities or demands for new parking, and, as such, no mitigation measures have been required P C Resolution No 95-37 Page 4 of 9 Finally, the project may result in a small increase in traffic hazards to motor vehicles, bicyclists, or pedestrians, since the Lomita Sheriffs Station has reported a total of 26 accidents, at intersection of Western Avenue and Caddington Drive since 1990 In order to reduce any impacts to traffic hazards generated by the proposed project to less than significant levels, mitigation measures (as described in the attached Exhibit "A") have been incorporated into the project Section 13- The proposed project may result in a slight increase in the demand for fire protection and police services In order to reduce these impacts to Public Services, 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 "A") 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 14. Since the proposed improvements will not significantly increase existing demand for fuel, 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 15• The proposed project will not result in the need for new systems, or substantial alterations to existing 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 16* Because, by its nature, the fast food restaurant will serve 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 "A") have been required to reduce these impacts to less than significant levels Section 17: While construction of the proposed improvements will not impair views from any protected viewing area as defined by the City's Development Code, the subject property is located along Western Avenue, which is defined by the City's General Plan as a Vehicular Corridor with Adjacent Land Areas to be Restored. The construction of the proposed restaurant would greatly improve the aesthetics of the currently vacated property which is blighted with dilapidated structures and debris The proposed construction includes a single story structure with a flat roof surrounded by a parapet wall P.C. Resolution No 95-37 Page 5 of 9 to screen the roof mounted equipment and vents The building would be trimmed with metal roof the and would appear well articulated with the proposed architectural projections. The inclusion of generous landscaping throughout the site will also improve the quality of the site. For these reasons, no mitigation measures have been required with respect to Aesthetics Section 18. 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 19- Since the proposed project site has been identified to lie within an area of high archeological sensitivity, and that within the immediate project area there are several recorded archeological sites, mitigation measures (as described in the attached Exhibit "A") have been required to reduce these impacts to less than significant levels Section 20. For reasons discussed in the Initial Study, which is attached hereto by reference, the proposed fast food restaurant 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 21. 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 22• 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 Section 23- 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 24- 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. P C Resolution No 95-37 Page 6of9 • Section 25 The time within which judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure Section 26 For the foregoing reasons and based on the information and findings contained in the Initial Study, Staff Reports, 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 673 for the construction of a new 1,674 square foot "Taco Bell" fast food restaurant with drive through service at 28798 South Western Avenue, subject to the mitigation measures contained in the attached Exhibit "A" - Mitigation Measures and Exhibit "B" - Mitigation Monitoring Program, which contain the mitigation measures necessary to protect the public health, safety, and welfare PASSED, APPROVED AND ADOPTED this 24th day of October, 1995 by the following vote' AYES: Commissioners Vannorsdall and Whiteneck, Acting Chair Hayes NOES Commissioners Alberio and Ferraro ABSTENTIONS None P.0 Resolution No 95-37 Page 7 of 9 EXHIBIT "A" MITIGATION MEASURES FOR ENVIRONMENTAL ASSESSMENT NO. 673 "TACO BELL" (28798 SOUTH WESTERN AVENUE) The hours of construction shall be limited to 7*00 a.m. - 7 00 p.m., Monday through Saturday No construction shall be permitted on Sunday or on legal holidays 2. The hours of operation of the restaurant shall be restricted to reduce the impacts associated with noise to surrounding residential properties 3. All mechanical construction equipment shall be kept well tuned and, where possible, shall be equipped with muffler devices. 4. All lights shall be directed towards the ground and will be shielded so as to prevent any glare from affecting the nearby residential area 5 All exterior lighting shall be turned off at the close of business hours Only limited security lighting shall be permitted after business hours 6 Verification that the underground fuel storage tanks have been appropriately removed from the site shall be provided to the Director of Planning, Building, and Code Enforcement 7. If verification of the removal of the tanks is not provided, appropriate removal of the tanks shall be required prior to the issuance of a Building Permit for the proposed restaurant Appropriate removal shall include, but not be limited to, corrective measures to ensure that the site is not contaminated with hazardous materials. If applicable, a Final Closure Report shall be obtained from the Los Angeles County Department of Public Works 8. An application shall be submitted to CALTRANS to expand the south bound left hand turn lane on Western Avenue at Caddington Drive, if deemed to be necessary Securities shall be posted with the City in an amount to be determined by the Director of Public Works. 9. The City's Traffic Consultant shall review the line of sight issues at the time of site plan review, and the applicant shall follow any recommendations including, but not limited to, modification to any landscaping and/or signage adjacent to Western Avenue. P C Resolution No 95-37 Page 8 of 9 10 All restaurant management personnel shall attend a Sheriffs Crime Prevention Class (or similar seminar) to acquaint themselves with personal safety, security, and crime prevention techniques, and other law enforcement concerns Proof of attendance must be provided annually prior to City Business License renewal. 11 The restaurant premises shall be staffed with a minimum of two (2) employees during all hours that the restaurant is open to the public 12 Adequate interior and exterior security lighting, in accordance with all other applicable provisions of the Development Code, shall be provided 13. All prepared and packaged food items shall be served and sold in accordance with the conditions and requirements of the Los Angeles County Department of Health 14 A certified and professional archeologist shall be present during the grading for the project 15 All of these mitigation measures have been incorporated, and expanded into the Conditions of Approval for Conditional Use Permit No 186. mtea673re P C Resolution No 95-37 Page 9 of 9