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PC RES 1995-038P.C. RESOLUTION NO. 95 -38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 186 TO ALLOW THE CONSTRUCTION OF A 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's CEQA guidelines, California Code of Regulation, Title 14, Section 15000 et. seq , the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), the City has prepared an Initial Study and determined that with appropriate mitigation measures the approval of Conditional Use Permit No 186 would not result in potentially significant adverse effects on the environment. Accordingly, a draft Mitigated Negative Declaration was prepared and notice of that fact was given by the manner required by law; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, a public hearing was held on August 8, 1995, October 10, 1995, and October 24, 1995, before the Planning Commission of the City of Rancho Palos Verdes, 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, pursuant to the findings and mitigation measures contained in the Initial Study and Mitigated Negative Declaration prepared in conjunction with Environmental Assessment No 673 for this project, there will be no significant adverse effect on the 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 2 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 and are not included in these lists of known Hazardous Waste and Substances Sites as compiled by the California Environmental Protection Agency Section 3. Even though the overall area of the subject lot is smaller than newly created Commercial General (CG) zoned lots, it is adequate in size and configuration to accommodate the proposed fast food restaurant. The project complies with all of the lot coverage, setbacks, landscaping, and parking standards contained in Code Section 1716040 With regards to building height, Code Section 17 16 030 specifies that commercial buildings shall not be more than 16 feet in height, unless approved by the Planning Commission to exceed 16 feet, but not to exceed 30 feet. The proposed Taco Bell restaurant would measure 18'-3" in overall height to the top of the highest parapet wall (as measured from existing, adjacent grade It should be noted however, that the actual roof line of the building measures 1-5 feet lower than the parapet wall due to the slope of the roof (for drainage purposes) The parapet walls would screen the roof mounted mechanical equipment and vents from public view The Planning Commission found that the additional 2'-3" (over 16-0") will not cause any impacts and, to the contrary, will aid in shielding the otherwise unattractive mechanical equipment from public sight. With regard to fencing on the subject property, the lot is partially surrounded by an existing 12'-0" stucco -finished wall along the eastern property line For the purposes of visually screening the subject use, especially from the adjacent multi -family residential property, but, and more importantly, to create a sound "buffer" between these two land uses, the existing wall will be extended around the north and south sides of the property Additionally, the wall will be landscaped in order to soften its visual appearance and prevent unsightly graffiti Within the required street side setback area, the walls will be limited to 6-0" in height and would not create any visual impairment to vehicles exiting the site Section 4. The subject property is located on Western Avenue, which is identified in the General Plan as a major arterial roadway Traffic studies prepared for the Initial Study indicate that the project will increase traffic volumes by an average of 1,060 daily trips or, approximately 66 additional trips per hour spread out throughout a sixteen hour time frame (during which the proposed restaurant may be conducting business) The P C Resolution No 95-38 Page 2 of 13 City's Traffic Consultant confirmed that these additional number of trips would not result in significant impacts to intersection level of service on Western Avenue. As a result, the Planning Commission finds that the streets and highways are properly designed to carry the type and quantity of traffic generated by the proposed use can be made Section 5. The Initial Study identified potential adverse effects on the surrounding uses with respect to noise, light and glare, risk of upset, traffic and circulation, and public safety However, in approving the project the Planning Commission has incorporated Mitigation Measures to reduce the impacts to less than significant levels As a result, although the site is surrounded by multi -family residential uses to the north and east, by institutional uses to the south, and by commercial uses to the west, when the required Mitigation Measures are fully implemented, there will be no significant adverse effects on adjacent properties or the permuted uses. Section 6: That the proposed use is not contrary to the General Plan since the subject site is designated in the General Plan as a commercial site The Commercial Activity Section of the General Plan's Urban Environment Element contains several policies when addressing new commercial uses Several of the policies contain requirements such as providing mitigation measures to ensure a harmonious correlation with other uses in the area, such landscaping Efforts to maintain safe pedestrian and vehicular conditions should be incorporated into the feasibility of new commercial uses. Limiting the exposure of parking areas on commercial sites should be sought after And finally, adequate provisions to reduce negative impacts in adjoining residential areas should be incorporated into each new commercial development Each of these requirements would be satisfied by the proposed project and implementation of the conditions of approval/mitigation measures Therefore, the project would not be contrary to the policies contained in the General Plan Section 7. That in requiring certain safeguards, which are incorporated into the Conditions of Approval and Mitigation Measures for the project, the Planning Commission deems that the following requirements have been addressed to protect the public health, safety, and welfare, a Standard setbacks and buffers. b Fences and/or walls c Lighting d Regulation of points of vehicular ingress and egress. e Regulation of noise and odors. f Requiring landscaping and maintenance thereof g. Requiring maintenance of the structure, grounds and/or signs P C Resolution No 95-38 Page 3 of 13 Section 8. 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 9: For the foregoing reasons and based on the information and findings included in the Staff Report, minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Conditional Use Permit No 186 for the 1,674 square foot 'Taco Bell" fast food restaurant at the property located at 28798 South Western Avenue, subject to the conditions of approval in the attached Exhibit "A", which are necessary to protect the public health, safety and welfare in the area. PASSED, APPROVED, and ADOPTED this 24th day of October 1995, by the following vote AYES Commissioners Vannorsdall and Whiteneck, and Acting Chair Hayes NOES Commissioners Alberio and Ferraro ABSTENTIONS None ABSENT Commissioner Wang Bret B B�nard, ICP Director Plan ing, Buil ing, and Code Enforcement; and, Secretary to the Planning Commission P C Resolution No 95-38 Page 4 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 186 28798 SOUTH WESTERN AVENUE GENERAL Within thirty (30) days following adoption of this Resolution, the applicant and property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all Conditions of Approval contained in this Resolution Failure to provide said written statement shall render this approval null and void 2 This approval is only for the construction of the 1,674 square foot "Taco Bell" fast food restaurant. Any major revisions to the restaurant or any future development of new structures or facilities shall require approval of a revision to Conditional Use Permit No 186 by the Planning Commission and shall require a new and separate environmental review 3 All project development on the site shall conform to the specific standards contained in these conditions of approval or if not addressed herein, the Commercial General development standards of the City's Municipal Code Failure to comply with, and adhere to, all of these Conditions of Approval will be cause to revoke the approval of the project. 4 If construction of the "Taco Bell" fast food restaurant has not been initiated (Building Permits obtained) within two years, or, if construction has not been completed to the point of foundation inspection for the restaurant within two years of Building Permit issuance, approval of the project's applications shall expire and be of no further effect, unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building, and Code Enforcement and approved by the Planning Commission. Otherwise a new Conditional Use Permit must be approved prior to further development. 5 In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter shall standard apply P C Resolution No 95-38 Page 5 of 13 Conditional Use Permit No. 186 Conditions of Approval 6 Any new utility lines installed to serve the new building shall be placed underground from an existing power pole or other point of connection off-site. 7 The Planning Commission shall review the operation of the "Taco Bell" fast food restaurant after six (6) months of the opening of the restaurant to ensure that all of the Conditions of Approval contained in this P.0 Resolution are being adhered to A noticed public hearing before the Planning Commission shall be scheduled to provide the public an opportunity to contribute any input on the operation of the restaurant BUILDING/CONSTRUCTION 8. The hours of construction shall be limited to 7.00 a m to 7 00 p m , Monday through Saturday No construction shall be permitted on Sunday or on legal holidays 9 All mechanical construction equipment shall be kept well tuned and, where possible, shall be equipped with muffler devices. 10 All mechanical building equipment shall be screened and/or covered so that it is not visible or audible from adjacent residential properties All mechanical building 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 not exceed the height of the building's parapet walls 11 The maximum height of the "Taco Bell" fast food restaurant shall not exceed 19'-0" in overall height as measured from the grade adjacent to the lowest foundation to the top of the highest parapet wall (including all roofing materials and equipment). Ridge height Certification is required. 12. The "Taco Bell" fast food restaurant shall not exceed a maximum building area of 1,674 square feet 13 Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance to the plans as submitted to the City on February 24, 1995 P C Resolution No 95-38 Page 6 of 13 Conditional Use Permit No. 186 Conditions of Approval 14 The "Taco Bell" fast food restaurant shall maintain a 31'-6" minimum setback from Western Avenue, a 24'- 0" minimum setback from the north side property line, a 31'- 6" setback from the east side property line, and a 108'-6" setback from the south side property line Foundation Certification is required. 15 The existing 12'-0" high solid wall at the rear (east side) of the property shall be replaced with a new solid wall Additionally, the wall shall be extended along the north and south side property lines. The overall height of the wall on all three sides shall be determined by the Director of Planning, Building and Code Enforcement such that no portion of the Taco Bell building will be visible from the adjacent residential properties or church property The height of the extension of the wall along the south side should be agreed upon (in writing) with officials from the Christ Lutheran Church If an agreement cannot be reached, the Director of Planning, Building, and Code Enforcement shall determine the height of the fence At least all of the exterior sides of the wall(s) (that face the residential properties to the north and east (of the subject site) and the institutional property to the south (of the subject site)), shall be landscaped Please see relative condition under "LANDSCAPING" section below, for details 16 Any graffiti that is placed on either side of the wall(s) shall be removed by the applicant within 24 hours 17 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 18 The exterior drive through ordering speaker shall be situated on the site such that it does not face the residential properties adjacent to the subject site The volume level of this speaker shall be set (and maintained) such that it is not audible to the adjacent residential properties GRADING 19 The grading operation shall be limited to that necessary to develop the "Taco Bell" fast food restaurant. This should only involve the grading necessary for the foundation system for the building itself additional grading shall be reviewed and approved (if appropriate) by the Director of Planning, Building, and Code Enforcement prior to commencement of any such (additional) activity P C Resolution No 95-38 Page 7 of 13 Conditional Use Permit No. 186 Conditions of Approval 20 Prior to the issuance of grading permits, the applicant shall submit a fugitive dust control plan to the Director of Planning, Building, and Code Enforcement for review and approval to ensure that the dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code requirements which require watering for the control of dust. 21 Construction equipment shall be fitted with emission control devices and be kept in proper tune 22 The project applicant shall comply with all applicable rules and regulations of the SCAQMD including regulation XV and applicable AQMD control measures as they are implemented SIGNAGE 23 Prior to submittal of plans to the Building and Safety Division for plan check, all signage for the 'Taco Bell" fast food restaurant shall be reviewed and approved by the Director of Planning, Building, and Code Enforcement, if appropriate All proposed signs shall adhere to the standards set forth in Municipal Code Section 17 52 065 A formal Sign Permit application shall be submitted to the City for review and approval, prior to the erection of any signs on the subject property or buildin 24 All signs shall be reviewed and approved by the Director of Planning, Building, and Code Enforcement to ensure that there will not be any resulting adverse impacts to the area, or to the line of sight, relative to egress onto/ingress from Western Avenue 25 Included in the overall sign package for the 'Taco Bell" fast food restaurant shall be signs placed throughout the property requesting that patrons of the restaurant be considerate to the surrounding residential uses; i e no excessive noise from car stereos ("please turn down stereo volume", etc.) and/or loitering The final number, placement, size, and verbiage/message of said signs shall be determined by the Director of Planning, Building, and Code Enforcement. 26 On site directory signage shall be provided to facilitate pedestrian and vehicular circulation Colors and materials of such signs shall be harmonious with building materials This signage shall be a part of a comprehensive sign package for the site P C Resolution No 95-38 Page 8 of 13 Conditional Use Permit No. 186 Conditions of Approval LIGHTING 27 All exterior lighting shall be shielded and directed downwards to prevent direct illumination of, or towards, neighboring residential and commercial properties An exterior lighting plan shall be submitted for review and approval by the Director of Planning, Building, and Code Enforcement prior to the issuance of Building Permits 28 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 29 Incorporated into the aforementioned lighting plan (Condition 25) shall be motion sensitive lights at the rear (east side) of the subject property, for security purposes 30 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 To the extent possible, native vegetation and drought tolerant plant materials shall be used b The irrigation plan shall utilize drip irrigation and/or bubblers wherever possible c 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 This condition is intended for the exterior of the walls that will be extended as per Condition 15 P C Resolution No 95-38 Page 9 of 13 Conditional Use Permit No. 186 Conditions of Approval 31 As required pursuant to Municipal Code Section 17.16.040, and as indicated on the plans date stamped as received by the City on February 24, 1995, a minimum 10'- 0" landscaping setback (buffer) shall be maintained along the west side of the property, abutting Western Avenue, and along the north and east sides abutting the residential properties Additionally, a minimum 10'-0" landscaping setback (buffer) shall be maintained along the south side of the property abutting the institutional zone I0ra:T�P►Le7 32 All on-site parking spaces shall be provided in accordance with the plans submitted to the City on February 24, 1995. The "Taco Bell" fast food restaurant shall provide a minimum of nineteen (19) striped spaces, including one (1) handicap space. Except for the two (2) "angled" parking spaces (shown on said plans), the remaining seventeen (17) spaces shall be striped as standard parking stalls, i.e 9'-0" (width) x 18'-0" (depth) 33 The loading zone identified on the plans submitted to the City on February 24, 1995, shall not count as, or be used as, one of the aforementioned nineteen (19) required parking spaces in Condition 30 34. The trash enclosure identified on the plans submitted to the City on February 24, 1995, shall adhere to the standards for such structures pursuant to Municipal Code Section No 17 48 030 TRAFFIC 35. In order to ensure that adequate storage length (queuing) is provided for vehicles making left turns and U-turns from the southbound median turn pocket on Western Avenue at Caddington Drive, the applicant shall post a bond for 100 percent of the cost of extending the pocket (not to exceed $34,000, including permit costs, monitoring and review costs, material costs, etc) in a form subject to the review and approval of the Director of Public Works. 36 If both the Taco Bell project and the Christ Lutheran project are constructed, and it is determined that the turn pocket must be lengthened (Condition 37), 55% of the total cost for the lengthening of the pocket shall be paid by Taco Bell The remaining 45% of the total cost shall be paid by the Christ Lutheran Church Any of the excessive fees associated with Condition No 35 shall be refunded to the P C Resolution No 95-38 Page 10 of 13 Conditional Use Permit No. 186 Conditions of Approval appropriate party Should only one of the projects (Taco Bell or Christ Lutheran Church) come to fruition, that project shall be responsible for paying the entire cost of lengthening the turn pocket, if it is deemed necessary 37 Monitoring shall occur during the next five years, once the Certificate of Occupancy (Final Building Permit) has been issued, to evaluate the vehicle storage capacity (Condition 35) and the pocket shall be extended if monitoring shows a need to extend the pocket. The applicant/landowner shall perform the necessary monitoring on a yearly schedule, commencing one year from the date of issuance of the Certificate of Occupancy, and shall provide the City with the findings, and appropriate information thereof, for review by the City's Traffic Consultant. 38 Approval from the California Department of Transportation (CALTRANS) to make modifications to the southbound left turn lane (and median) on Western Avenue at Caddington Drive shall be obtained by the applicant/landowner 39 The City's Traffic Consultant will review the line of sight issues and the applicant shall follow any recommendations including, but not limited to, modification to the landscaping adjacent to the street along the property's frontage and installation of signage at a proper height that will provide appropriate visibility as a condition of development. 40 No modifications to the location of the site's existing ingress/egress driveways shall be made SECURITY 41 The Planning Commission shall review the operation of the "Taco Bell" fast food restaurant after six (6) months of the establishment's opening, to determine whether or not a security guard for the site will be necessary The Planning Commission's decision will be based on complaints filed with the City (and verification thereof) , along with any pertinent Los Angeles County Sheriffs's Department logs/reports during the six (6) month time period 42 The restaurant's parking lot shall be secured (closed off) such that no vehicles will be able to access the property after business hours Such methods to accomplish this requirement could include, but not be limited to, chaining -off both of the driveways used for ingress/egress purposes The Director of Planning, Building, P C Resolution No 95-38 Page 11 of 13 Conditional Use Permit No. 186 Conditions of Approval and Code Enforcement shall review and approve the proposed method to ensure compliance with this condition. Said method shall be in place prior to the issuance of a Final Building Permit for the project 43 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 44 The restaurant premises shall be staffed with a minimum of two (2) employees during all hours that the restaurant is open to the public HOURS OF OPERATION 45 The "Taco Bell" fast food restaurant shall be limited to the following business hours b) Friday and Saturday, 7,00 a m - 12:00 a.m (midnight) 46 Hours of delivery to the restaurant shall be limited to 8.00 a m. - 4.00 p.m , Monday through Sunday MISCELLANEOUS 47. Drainage patterns on the site shall be subject to the review and approval of the City Engineer to ensure that adequate drainage is provided across the site. 48 A certified and professional archeologist shall be present during the grading for the project. 49 The grading for the project shall cease pending any findings made by the professional archeologist Any findings made shall be immediately referred and/or submitted to the Director of Planning, Building, and Code Enforcement for further review. 50. The applicant/landowner shall be responsible for the payment of any fees to the County Sanitation District for connection to the sewerage system. P C Resolution No 95-38 Page 12 of 13 Conditional Use Permit No. 186 Conditions of Approval 51 The applicant/landowner shall obtain a City Business License prior to the opening of the "Taco Bell" fast food restaurant Wcupl86re P C Resolution No 95-38 Page 13 of 13