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PC RES 1997-025• • • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING MODIFICATIONS TO THE CONDITIONS OF APPROVAL FOR THE MOBIL SERVICE STATION AT 28103 HAWTHORNE BOULEVARD AS A PART OF THE SIX- MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 182 WHEREAS, on May 2, 1995, the City Council adopted Resolution No 95-41 approving Conditional Use Permit No 182, with the provision that the Planning Commission conduct a public hearing to review the compliance of the project with the conditions of approval six (6) months after the issuance of a Certificate of Occupancy; and, WHEREAS, the environmental impacts of the project have been previously addressed with the approval of a Mitigated Negative Declaration and monitoring program, adopted by the City Council as Resolution No 95-40 on May 2, 1995, and, WHEREAS, on August 9, 1996, a Certificate of Occupancy was issued for the subject property by the City's Building and Safety Division; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 11, March 25 and April 22, 1997, approximately six (6) months after the issuance of a Certificate of Occupancy, 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: As of the date of the adoption of this Resolution, the project has been determined to be in full compliance with the following conditions of approval for Conditional Use Permit No 182- Condition Nos 1 through 12, 14 through 17, 21 through 27, 31, and 33 through 49, inclusive Section 2: With respect to Condition Nos. 13 and 18, in order to reduce noise impacts on surrounding residential properties from vehicle engines and loud car stereos, the applicant/landowner shall install signs in the rear parking lot area, asking patrons and vendors not to make excessive amounts of noise. The number, location and specific language for the signs shall be subject to the approval of the Director of Planning, Building and Code Enforcement. Section 3: With respect to Condition No 19, in order to establish a more reasonable and enforceable standard for the noise impacts of the air conditioning and refrigeration equipment upon adjacent downslope residences on Santona Drive, Condition No 19 of Resolution No 95-41 shall be modified as follows (additions underlined, deletions stmck-oat)- All mechanical equipment shall be screened and/or covered so that it is not visible or audiNe from adjacent residential properties The noise associated with all mechanical equipment shall be reasonably mitigated so as not to create significant adverse impacts upon adjacent residents. 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. Section 4: With respect to Condition No. 20, in order to reduce the noise impacts of the air conditioning and refrigeration equipment upon adjacent downslope residences on Santona Drive, the applicant/landowner and these neighboring property owners have agreed to additional sound attenuation measures to reduce the noise levels for these properties. These measures shall include a solid, block sound wall of at least six feet (60") and up to ten feet (10'0") in height surrounding the mechanical equipment. Access to the equipment enclosure shall be provided by a single door with a maximum width of five feet (60"). The sound wall shall be finished to match the building exterior. Additional landscaping in the form of potted vines or shrubs shall be placed around the equipment enclosure to screen and soften the appearance of the enclosure, subject to the review and approval of the Director of Planning, Building and Code Enforcement Based upon these additional measures and the continued cooperation between the applicant/landowner and the neighboring property owners, the Planning Commission determines that the noise levels from this equipment comply with the requirements of Condition No 19 as modified above under Section 3. Any future conflicts regarding mechanical equipment noise which cannot be resolved between the applicantllandowner and the neighboring property owners may be referred back to the Planning Commission for resolution at the discretion of the Director of Planning, Building and Code Enforcement Section 5: With respect to Condition No. 28, in order to further reduce the visual impact of the under-eave fluorescent tubes along the west side of the building as viewed from downslope residences on Santona Drive, the applicant/landowner shall install additional extensions of the fascia board to screen the direct visibility of all the fluorescent tubes along this side of the building. Section 6: With respect to Condition Nos 28 and 30, in order to reduce the obtrusive nature of the second, large soffit -mounted light fixture from the southeast comer of the building, the applicant shall install additional shrubs in the planter along the east side of the building The number, location and type of shrubs shall be subject to the approval of the Director of Planning, Building and Code Enforcement. P C Resolution No. 97-25 Page 2 of 4 Section 7: With respect to Condition No. 29, in order to reduce the obtrusive nature of the motion -detector lights as viewed from residences above the project site to the east, the applicant/landowner will remove or deactivate the one (1) floodlight bulb nearest Granvia Altamira from the motion -detector light at the northeast comer of the building. The remaining floodlight bulb in this fixture, as well as the second motion -detector light above the air/water dispenser, will remain operable Section 8: With respect to Condition No 32, in order to reduce the visual impacts of loading activity in the rear parking lot and to accurately reflect the actual patterns of use for loading activities, the applicant shall move and re -stripe the designated loading zone space to a location nearer to the rear door of the convenience market The final location and dimensions of the loading zone space shall be subject to the approval of the Director of Planning, Building and Code Enforcement, and to the provisions of Section 17 44 080 of the Rancho Palos Verdes Development Code Section 9: With respect to Condition No 12, the applicant is encouraged to work with Planning Staff to identify a location inside the convenience store area for the placement of public telephones to replace those phones removed from the rear parking lot of the property in compliance with Condition No 12 of Resolution No 95-41 Section 10: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17 56 070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following May 13, 1997, the date of the Planning Commission's final action Section 11: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, and Resolution No 95-41, which are attached hereto by reference, the Planning Commission of the City of Rancho Palos Verdes hereby adopts the modifications to the conditions of approval for Conditional Use Permit No 182, as described above under Section Nos 2 through 9, attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area P.0 Resolution No 97-25 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 13th day of May 1997, by the following vote: AYES- Commissioners Cartwright, Clark, Ng, Slayden, and Vice Chairman Whiteneck. NOES- Commissioner Alberio acid Chairman Vannorsdall. ABSTENTIONS. ABSENT Carolynn P`6tru Director of Planning, Building and Code Enforcement, and, Secretary to the Planning Commission M \USERS\KJTF\WPWIN60\MOBIL\CUP182 RES Donald E Vannorsdall nn; z -i P C Resolution No 97-_25 Page 4 of 4