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PC RES 1997-063P.C. RESOLUTION NO. 97-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 101 - REVISION "J", THEREBY ALLOWING THE TERRACES SHOPPING CENTER TO HAVE A HEALTH CLUB USE WITH THE HOURS OF OPERATION FROM 5:00 A.M. TO 12:00 A.M., LOCATED AT 28901 WESTERN AVENUE WHEREAS, on July 25, 1997, the applicant, the BOSC Group, Inc, submitted an application for Conditional Use Permit No. 101 - Revision "J" to allow the Terraces Shopping Center to have a health club use with the hours of operation from 5 00 A M to 12.00 A M., located at 28901 Western Avenue, and, WHEREAS, through the initial review of the project, additional information and a traffic circulation study completed by the City's Traffic Engineering Consultant was required before the applicant made modifications to the applications and site plans and Staff deemed the application complete on October 22, 1997; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 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 65962 5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Conditional Use Permit No 101 - Revision "J" would have a significant effect on the environment or result in a modification of the shopping center's original Final Negative Declaration and Mitigation Measures approved under Environmental Assessment No 477 in September 1986 Therefore, the proposed project has been found to be categorically exempt (Class 1, Section 15301(e)(1)); 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 November 11, 1997, 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: The site for the intended use is adequate in size and shape to accommodate said use and for all of the yards, setbacks, walls or fences, landscaping and other features required by this title or by conditions imposed under this section, to adjust said use with those on abutting land and within the neighborhood because the proposed health club facility will occupy the interior suites of an existing building located on Level 3 of the Terraces Shopping Center. The proposed health club use will have a peak parking demand between the hours 5 00 p m to 8 00 p m for 175 parking spaces. Using the Shared Parking Program, approved under Conditional Use Permit No 101 - Revision "G" in 1994, adequate parking for the proposed health club facility, in conjunction with the current mix of commercial uses in the shopping center, will generate a total parking demand of 694 parking spaces during the peak hours, well below the available 765 parking spaces (total available spaces after the proposed circulation modifications) Further, since no new structure footprint is proposed, the existing building of the shopping center has adequate rear setback and existing landscaping to provide a buffer between the use of the commercial building and adjacent residential neighborhood. Section 2: The site for the proposed use relates to streets and highways properly designed to carry the type and quantity of traffic generated by the subject use because the shopping center was evaluated for traffic impacts under the original Conditional Use Permit No. 101 and Environmental Assessment No 477 The surrounding street system was found to adequately serve the existing uses at the shopping center. Section 3: In approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use because the service road located behind the building on Level 3, proposed location of the health club, will be restricted to "Employees and Loading Only" and "No Access" from 5 00 a m to 8 00 a m. to reduce the potential for traffic noise on the service road, adjacent to the residential neighborhoods New exterior lighting on the south and west facades of the budding will require a Lighting Plan to verify that the fixtures are down -casting with the appropriate wattage to prevent obtrusive illumination of the upslope, adjacent residential properties Further, the proposed health club facility will complement the shopping center's current mixture of commercial uses and the increase in the proposed health club beginning hours of operation at 5 00 a m , rather than 7.00 a m , will not create an adverse impact on the other uses, since the additional hours are specifically intended for the limited number of health club patrons who would utilize the services during the early morning hours Section 4: The proposed use is not contrary to the General Plan because the Terraces Shopping Center is designated under the General Plan as commercial retail and the proposed health club use is consistent with commercial retail activity. Further, the Terraces Shopping Center is included in Specific Plan 11, which identifies circulation as a development policy to promote internal circulation for adequate traffic flow to either side of the shopping center Adoption of the recommended modifications to the circulation on Level 3 will comply with this policy by improving the traffic flow on Level 3, which benefits circulation for the entire shopping center. P C Resolution No 97 - 63 Page 2 of 8 Section 5: Since the project site is not located within an Overlay Control District, the proposed health club use is not subject to the regulations of Chapter 17.40, Overlay Control Districts, of the Development Code Section 6: In requiring the certain safeguards listed in the following paragraph, the Planning Commission deems said requirements to be the minimum necessary to protect the health, safety and general welfare. special setbacks and buffers, fences and/or walls, lightning, regulation of points of vehicular ingress and egress, regulation of noise, vibration, odors, landscape and maintenance requirements, service road or alley requirements, and other such conditions to make development in an orderly and efficient manner within the City, because the proposed project is conditioned with the following items Interior Traffic Circulation - Twelve modifications to the existing parking area and circulation pattern on Level 3 of the Terraces Shopping Center have been listed in the staff report and shown on the site plans in order to improve the interior traffic circulation that will benefit the patrons using the proposed health club and the entire shopping center �- Service Road and Noise - Existing signage near the entrance to the service road behind the building on Level 3 of the shopping center will be modified to limit the use of the service road to "Employees and Loading Vehicles Only" and "No Access", between the hours of 5 00 a m to 8.00 a m., which will coincide with the delivery hours for loading that begins at 8 00 a m By limiting through traffic on the service road during these hours, in order to prevent potential noise impacts to the adjacent residential neighborhood will be reduced y Landscaping - As part of an improvement to traffic circulation and vehicular safety, increases in existing landscape areas and new landscaping, as identified in the staff report and on the site plan, will also improve the aesthetics of the parking areas by breaking -up the hardscape with vegetation Maintenance of Structures, Grounds or Signs - Maintenance of the structure, facade changes, interior remodeling and new signage shall be addressed during tenant improvements to the building suite when a health club business applies to the City for Planning and Building permits to occupy the suite. Exterior Lighting - To ensure that adequate lighting during nighttime and early morning hours of operation for the health club facility is available for P C Resolution No 97 - 63 Page 3 of 8 the safety of patrons using the southern parking lot, exterior down -casting lights, subject to a Lighting Plan approved by the Director of Planning, Building and Code Enforcement. The Lighting Plan shall address location, height and wattage to prevent obtrusive illumination of the adjacent, upslope residential properties Section 7: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17 60 060 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 November 11, 1997, the date of the Planning Commission's final action. Section 8: 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 101 - Revision "J" to allow the Terraces Shopping Center to have a health club use with the hours of operation from 5 00 A.M. to 12 00 A.M , located at 28901 Western Avenue PASSED, APPROVED, AND ADOPTED this 11 th day of November 1997, by the following vote AYES Alberio, Ng, Whiteneck, Clark, Cartwright and Slayen NOES none ABSTENTIONS none ABSENT Vannorsdall Carolynn Pe ru, AICP, Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission Donald E. Vannorsdall Chairman PC Resolution No 97 - 63 Page 4 of 8 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 101 - REVISION "J" ( THE TERRACES SHOPPING CENTER, 28901 WESTERN AVENUE) Within ninety (90) days following approval of Conditional Use Permit No. 101 - Revision "J" the applicant/property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval listed below. Failure to provide said written statement shall render this approval null and void 2. All conditions of approval from the previous revisions to Conditional Use Permit No 101, Revisions A thru 1, shall continue to apply the Terraces Shopping Center, unless modified by any of the following conditions of approval for the proposed project, Revision "J" 3 This approval is to allow a health club use at the Terraces Shopping Center on the upper -most level of the center, Level 3. The health club will occupy the suite Nos 315 and 321 at the southern -end of the building, opposite the movie theater. This approval is also to modify the hours of operation of the health club to 5:00 a m to 12.00 a.m., seven days a week 4 Except for Trader Joe's grocery store, Kinco's copy store, movie theater, restaurant uses and, now a health club use, which all have specifically approved hours of operation, the hours of operation for the Terraces Shopping Center shall remain unchanged, from 7 00 a m to 1200 a m, seven days a week 5 This revision to CUP No. 101 adjusts the total parking available at the center from 777 to 765 spaces The Shared Parking Program at the shopping center shall be based on a total available parking spaces of 765, replacing the 784 parking spaces approved under CUP No. 101 - Revision "G" in 1994, when the Shared Parking Program was originally approved for the shopping center. 6 Prior to finalizing any future lease agreements with any potential tenants, the applicant shall submit to the Director of Planning, Building and Code Enforcement, an updated tenant list (rent roll) for the shopping center which includes the potential tenant The applicant shall also update the leasable areas and parking counts in the "Shared Parking Program - Parking Demand Tables" and submit to the Director P C. Resolution No 97 - 63 Page 5 of 8 for verification that updated number of uses at the shopping center will not exceed the 765 available parking spaces. Once the number and/or square foot of the uses at the shopping center and corresponding parking demand maximize the total 765 parking spaces available, the applicant shall agree that no additional tenants will occupy the shopping center, until/unless either additional parking spaces are provided or the tenant mix of the uses is adjusted as not to exceed the 765 parking spaces available at the shopping center. 7. Prior to issuance of a Final Building Permit and Certificate of Occupancy for interior remodeling as tenant improvements for the proposed health club use, the applicant shall modify the parking areas and circulation patterns on Level 3 of the shopping center as listed below and shown on the stamped site plan All modifications shall be verified by the Planning Division PROPOSED MODIFICATIONS PARKING SPACES A. Intersection Signs N A. add 3 pavement signs and 3 freestanding sings to create a 3 -way stop B. Expand Planter -2 create a larger planter that will "smooth" the southeast comer of the 3 -way stop intersection C. Remove Existing Entry Way +4 existing entry way is to close the proposed 3 -way stop intersection, replace with 4 parking stalls D. Create Turn -around Area -2 remove the concrete island and stripe with "No Parking" to create a tum -around area at the dead-end of the parking aisle E. Create New Entry Way -2 construct a 25'0" wide entry way with TO" maximum height bar, add new planter box for a buffer between parked cars F. Add Directional Arrow NA add arrow and "exit" sign to pavement to direct traffic away from dead-end aisle towards the exit ramp G. Add Bicycle Rack N A place a bike rack adjacent to the existing fire hydrant H. Expand Existing Entry Way N A. increase the width of the entry way to 25'0" with TO" maximum height bar, add new planter box as a buffer between parked cars 1. Remove Parking Stall -1 add "No Parking" to parking stall adjacent to service road to prevent the access from being blocked by a parked car P C Resolution No 97 - 63 Page 6 of 8 J. Add Wall -Mounted Exterior Lights NA to improve security and lighting, place downcast, wallpack lights, 14'0" high on the south and west sides of the budding K. Add End of Aisle Planters -4 to prevent vehicles from backing into parked vehicles, provide landscaped aisles at end of parking stalls L. Adjust Corner Curbline N.A create rounded corner of curb for turn into parking area Proposed Parking Spaces to be Removed 12 Existing Parking Spaces 777 Total New Parking Spaces 765 8 Prior to the Issuance of building permit, the applicant shall provide a Lighting Plan Indication the number of down -casting light fixtures, location, height and proposed wattage for conceptual approval by the Director of Planning, Building and Code Enforcement. 9 Within thirty (30) days after the Installation and activation of the exterior lighting on the building, the Director of Planning, Building and Code Enforcement shall inspect the lighting to determine if the lighting is excessively brilliant or obtrusive If necessary, the Director may require the dimming and/or realignment of the light fixtures to correct any objectionable conditions The final approval of the lighting shall not occur until after this 30 -day inspection period is complete and any necessary corrections are made by the applicant 10. The applicant shall modify the existing free-standing signs at the entrance to the service road, located along the rear property line on Level 3, with the language "Employee and Loading Only" and "No Access between 5.00 a m - 8.00 a m " to reduce the potential for traffic noise impacts to the adjacent, upslope residential properties 11 New signage for the future tenant of the health club shall require a Sign Permit issued by the Planning Division, subject to the Terraces Shopping Center Signage Program 12 No increase to the existing building footprint or grading activity on any level of the shopping center is approved as part of this CUP revision. 13. Sufficient security shall be provided on site by the property owner to all three levels of the shopping center The Director of Planning, Building and Code Enforcement shall make a reasonable determination as the number of security guards and their P C Resolution No 97 - 63 Page 7 of 8 patrol hours, taking into consideration the shopping center's level of occupancy, types of uses, seasonal activity, etc 14 Any roof mounted mechanical equipment, vents or ducts for the health club use shall be screened and covered as necessary so as to reduce their visibility from adjacent properties and public rights -of way. Any necessary screening and covering shall be architecturally harmonious with materials and colors of the shopping center buildings Neither the screening nor the equipment shall cause significant view impairment from neighboring properties, as verified by the Director of Planning, Building and Code Enforcement 15 Any roof mounted mechanical equipment proposed as tenant improvements for the health club use shall be housed in enclosures designed to attenuate noise to a level of 45 dBA to the rear property line (as necessary) Changes in use, by unit in the existing building, shall require consolidation of mechanical equipment No exterior ducting shall be allowed with new equipment. 16. In the event that a Planning requirement and Building & Safety requirement are in conflict with one another, the stricter standard shall apply 17 Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the revised plans prepared by Perkowitz Ruth, Inc and titled "Leasing Site Plan and Proposed Circulation Modifications to Level 3 for the Shops at the Terraces" for the BOSC Group, which were submitted to the City on November 3, 1997. 18. The hours of construction shall be limited to 7 00 AM to 7.00 PM, Monday through Saturday No construction shall be permitted on Sundays or on legal holidays 19 The construction site shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but is not limited to, the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures M \USERS\DAVEW\WPWIN60\CUP\101-J\CUP101 RES P C. Resolution No 97 - 63 Page 8of8