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PC RES 1999-040A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, CONDITIONAL USE PERMIT NO. 206, VARIANCE NO. 446, AND GRADING PERMIT NO. 2135 TO ALLOW THE CONSTRUCTION OF A 12,600 SQUARE FOOT ADDITION TO AN EXISTING 77,550 SQUARE FOOT SHOPPING CENTER. THE PROPOSED ADDITION CONSISTS OF 5,250 SQUARE FEET OF NEW FLOOR AREA, WITH THE CONSTRUCTION OF THREE NEW BUILDINGS, A 5,000 SQUARE FOOT SECOND FLOOR OUTDOOR DINING TERRACE TO THE STRUCTURE OCCUPIED BY THE GOLDEN LOTUS RESTAURANT AND A 2,350 SQUARE FOOT MEZZANINE TO THE EXISTING GROCERY MARKET. FURTHERMORE, THIS APPROVAL SHALL INCLUDE EXTERIOR FACADE IMPROVEMENTS TO THE EXISTING STRUCTURES, 1,220 CUBIC YARDS OF ASSOCIATED GRADING AND A JOINT USE PARKING PROGRAM ON PROPERTY LOCATED AT 31100-31176 HAWTHORNE BOULEVARD AND 31212-31246 PALOS VERDES DRIVE WEST (GOLDEN COVE SHOPPING CENTER). WHEREAS, on February 9, 1999, applications for Conditional Use Permit No. 206 and Environmental Assessment No. 711 were submitted to the Planning Department on behalf of the Property Owners of the Golden Cove Shopping Center to allow the construction of a 12,600 square foot addition; and, WHEREAS, the Commercial Neighborhood (CN) zoning district in which the subject property is located allows for the expansion and continued use of the subject property as a mixed-use shopping center and, WHEREAS, Staff completed an initial review of the applications and plans submitted to the Planning Department and determined that as proposed, the project would require a variance and a grading application. Furthermore, the applicants were informed of some potential Staff concerns pertaining to views, noise, lighting, circulation, and aesthetics Subsequently, Staff deemed the applications incomplete on March 10, 1999• and, WHEREAS, on May 27, 1999, revised plans were submitted to the Planning Department addressing Staff's concerns, in addition to submitted applications for Variance No. 446, to allow an encroachment into the required setback, and Grading Permit No. 2135, to allow 1,220 cubic yards of associated grading for the preparation of a building pad for the construction of three (3) new buildings; and, P.C. Resolution No 99-40 Page 1 of 8 r WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 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), 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. 206, Variance No. 446 and Grading Permit No. 2135 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, the Initial Study was prepared on July 14, 1999 and distributed for circulation and review on July 19, 1999 through August 9, 1999; and, WHEREAS, in accordance with the requirements of the California Environmental Quality Act, a Mitigation Monitoring program has been prepared, and is attached to the Environmental Assessment No 711 and Resolution as Exhibit "A", and, WHEREAS, on July 26, 1999, the Traffic Committee reviewed the applicant's proposal to construct a 12,600 square foot addition with modifications to the existing parking lot and driveways, and recommended approval, provided that the modifications identified by the City's Traffic Engineer are implemented; and, WHEREAS, On August 9, 1999, the subject applications were reviewed by Staff and deemed complete for processing; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on August 10, 1999, at which all interested parties were given the opportunity to be heard and present evidence, and, WHEREAS, at the August 10th Commission meeting, it was determined by the Commissioners that the public hearing should be continued to the subject property to assess the potential view impacts identified by Staff and concerned residents; and, WHEREAS, on August 14, 1999 the Commission held the continued public hearing on the subject property and were able to tour the site and observe the proposed project from seven surrounding residences At the conclusion of liC. Resolution • 99-40 Page of 8 k) the site visit, the Commission directed the applicants to revise the plans and continued the public hearing to the August 24th meeting; and, WHEREAS, during the course of revising the plans for the August 24th meeting, it was mutually agreed between the applicants and Staff that additional time would be needed to adequately address the concerns raised by the public and the Commission. Therefore the applicants requested a continuance to the September 14th meeting, while Staff encouraged the Commission to use the August 24th meeting for further discussion; and, WHEREAS, on August 24, 1999, the Commission continued hearing public comments and discussion on the proposed project and continued the public hearing to the September 14th meeting, with further direction, and, WHEREAS, on August 27, 1999, Staff was informed by the applicant's public relations representative that additional time would be needed to beyond the scheduled September 14th meeting to continue preparing the architectural drawing and revising the silhouette. After a brief discussion at the September 14th meeting, the Commission continued the public hearing to September 28th; and, WHEREAS, on September 23, 1999 a ninety day time extension request was submitted to the Planning Department to continue reviewing the proposed project beyond the action deadline date along with Staffs recommendation to continue the public hearing to the October 12th meeting, due to the lack of time to adequately assess the revised plans for consideration at the September 28th meeting. The Commission subsequently continued the public hearing to October 12th, and, WHEREAS, on October 12, 1999 the Planning Commission heard all public testimony and evidence from interested parties. 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 proposed 12,600 square foot addition and intended use is adequate in size and shape to accommodate said use and for all yards, setbacks, walls, or fences, landscaping or other features required by this tale or by conditions under this section to integrate said use with those on adjacent land The subject property is 6.34 acres and contains a 77,500 square foot shopping center with 353 parking spaces. As proposed, the 12,600 square foot addition to the subject site is in substantial conformance with the development standards for the CN zoning district in that it is large enough to sustain the increased floor area in that a Joint Use Parking Program will provide adequate parking for the center based on the type of use and the time of the day. P.C. Resolution No. 99-40 Page 3 of 8 a Therefore, provided that a variance for the reduction in the required 20' setback for improvements to the structure occupied by the Golden Lotus Restaurant is approved, the Planning Commission finds that the subject site will be adequate in size and shape to sustain the proposed development. Section 2 The subject site for the proposed use, as it relates to streets and highways, is sufficient to carry the type and quantity of traffic generated by the subject use in that a study was conducted by a licensed traffic engineer evaluating the current off-site conditions surrounding the subject property and at the intersection of Hawthorne Boulevard and Palos Verdes Drive West. Based on the study, it was determined that the intersection in question is more than adequate to serve the projected increase in trips generated by the proposed addition. Furthermore, in considering anticipated development, such as the Subregion 1 and Ocean Trails residential projects, it was also determined, in accordance with the Trip Generation, Sixth Edition prepared by the Institute of Transportation Engineers, that the proposed project will not adversely impact traffic patterns Section 3: In conditionally approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof in that Staff required that the applicants erect a silhouette outlining the proposed addition to address potential view impairment from surrounding properties. Based on site visits conducted by Staff and the Commission to surrounding properties within the Villa Capri complex and homes on Via Del Mar, the Planning Commission finds that the proposed addition will not significantly impair ocean views from surrounding properties. In regards to the anticipated impacts the proposed addition will have on surrounding properties, as it pertains to lighting, noise and traffic, the Planning Commission requires that conditions be imposed on the subject property that will regulate the hours of use, the maximum levels of noise generated by the center, and implement conditions recommended by the City's Traffic Engineer and the City's Traffic Committee for improved on-site and off-site circulation. Section 4: The proposed use is not contrary to the General Plan in that the subject property is located in a commercial zone, designated by the Land Use Policy Map, which permits the subject use and the proposed improvements and that the Urban Element of the General Plan encourages renovations to the Golden Cove Shopping Center that result in a cohesive center that connects commercial uses with nearby civic activities. The Planning Commission finds that the proposed project will create a cohesive center between the existing and proposed structures, while aesthetically connecting the shopping center with surrounding public uses. Section 5: Conditions regarding the requirements in the Development Code, which the Planning Commission finds to be necessary to protect health, P.0 Resolution No. 99-40 Page 4 of 8 1 41 safety and general welfare have been imposed by the Planning Commission as shown herein as attachment Exhibit "A" pertaining to setbacks, setback buffers, fences and walls, lighting, ingress and egress, noise, vibrations, odor, landscaping, the maintenance of the structures and grounds that will ensure safeguards are incorporated into the protect that will allow development in an orderly and efficient manner and in conformity with the intent and purposes set forth in the Development Code Section 6: In assessing the subject property, the Planning Commission found that the six (6) existing utility poles located along the south property line immediately behind the existing retail/office building and the Admiral Risty may add to the potential view impacts caused by the proposed project to the surrounding properties In order to compensate portions of views that are still impaired by the proposed project, the Commission finds that the existing above ground utility lines and poles should be placed underground. By placing the utilities underground, the Commission feels that the overall view impairment resulting from the proposed project can be reduced. Furthermore, one utility pole is located in the center of the driveway from the Villa Capri Complex which may create a potential hazard to motorists. Section 7. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property which do not apply generally to other property in the same zoning district in that the proposed upper level outdoor dining terrace over the existing lower level restaurant (the Golden Lotus) will require the installation of a secondary access staircase pursuant to the requirements of the Uniform Building Code and the Los Angeles County Fire Department. As such, the requirements state that the secondary access shall not intervene with other spaces so that unobstructed emergency access may be provided. The Planning Commission finds that the subject structure is located in an area that is limited in size to accommodate the proposed staircase and hereby finds that there are exceptional characteristics that warrant a variance to allow a reduction in the required twenty (20) foot setback. Section 8: The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district in that the subject center is similar in size and shape to other commercial centers within the Peninsula. As proposed, the improvements to the structure occupied by the Golden Lotus require a variance to allow a reduction in the required setback. Pursuant to the Uniform Building Code and the Los Angeles County Fire Department requirements, a commercial establishment, such as the Golden Lotus Restaurant, shall maintain an unobstructed secondary access from an upper level dining area The Planning Commission finds that the proposed improvements to the Golden Cove Center are necessary for the benefit of the community and the property owners, and that a variance is warranted for the Resolution M• 99-40 Page of construction of a 176 square foot stair case within the required setback abutting a nonresidential property Furthermore, the Planning Commission finds that a reduction with the required setback will not create a special privilege in that the proposed improvements are to an existing shopping center that is zoned for commercial use adjacent to other properties zoned and developed with similar uses and that the proposed improvement is a minor addition to an established building footprint. As such, the reduction in the setback, will maintain a three (3) foot setback from the property line abutting the Unocal Service Station, for which the Commission finds is adequate Section 9: The granting of a variance will not be materially detrimental to the public's welfare or injurious to property and improvements in the area in which the property is located in that there will be approximately forty-six (46) feet in distance separating the proposed addition from the service station and that the Development Code requires that improvements to service stations, including canopies, shall be at least ten (10) feet from any property line. Since the service station is adequately setback from the proposed improvements to the structure occupied by the Golden Lotus Restaurant and that the two properties are separated by a four (4) foot high retaining wall, the variance will not be detrimental to the public's welfare nor the character of the surrounding properties. Section 10: The granting of the variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan in that the project consists of improvements that are routinely approved in commercial zones, provided that unique conditions exists that warrant a variance and that the subject property is not located within the City's Coastal Zone. Section 11: The Commission finds that granting a variance to allow the proposed parking lot light fixtures to exceed the Development Code's height limit of ten (10) feet to a height of sixteen (116) is warranted in that the height increase provides adequate lighting over a larger surface area, without requiring additional light fixtures. Additionally, the Commission finds that the height increase will provide outdoor lighting fixtures that are comparable to other shopping center parking lot light fixtures throughout the Peninsula and that the height increase will not be contrary to the objectives of the General Plan in that conditions have been placed on the project that limit the hours of lighting and require that shielding devices be incorporated into the design of the light fixtures to mitigate any adverse impacts to surrounding properties. Section 12: The grading does not exceed that which is necessary for the permitted use of the lot in that the subject property is located in a CN zoning district which permits improvements, such as the proposed project. Additionally, the 1,220 cubic yards of associated grading is required to prepare the site for the building pad of the three (3) proposed structures along Palos Verdes Drive West, PC Resolution No. 99-40 Page 6 • 8 which will be used to create an outdoor dining area that is at a similar elevation as the proposed structures, to avoid having to construct steps and/or handicap ramps, to meet the requirements of the American Disability Act (ADA) Section 13: The grading and/or related construction does not significantly adversely affect the visual relationships nor the views from surrounding properties in that the proposed grading will be in an area that is significantly lower in elevation than the surrounding properties to the north, south and east. Furthermore, the proposed grading will not impact views from these properties in that the grading will require excavation of approximately 145 cubic yards of earth to lower the building pad and 1,075 cubic yards of fill, to create a level pad along Palos Verdes Drive West Since the proposed grading is at the lowest point of the subject property, which descends from the east to the west, and that the surrounding residences immediately adjacent to the project site, Villa Capri Townhomes are separated by transitional slopes that are approximately twenty-five (25) feet in height, the Planning Commission finds that views maintained by units with the Villa Capri Complex, laterally over the subject property, shall be protected by imposing conditions, as shown in Exhibit "A " Section 14: The nature of the grading minimizes disturbance to the natural contours and finished contours are considered reasonably natural in that the proposed grading will occur in an area that was previously disturbed at the time the center was originally constructed and that the proposed fill will be retained by a five (5) foot high retaining wall that has been designed to break the massing of the depth of fill by creating steps in the retention that will be landscaped to screen the project site from Palos Verdes Drive West. Furthermore, the subject site does not maintain any natural topographic features that require land sculpturing as to blend the man-made or manufactured slopes into the natural topography. Section 15: The subject grading will not be located on any natural topographic feature that maintains any natural landscape or wildlife habitat that has not already been disturbed at the time the site was developed. Section 16: The subject grading conforms with the Development Code's requirements for grading on slopes, the height of cut and fill and retaining walls in that the proposed grading will be located on a slope that is approximately five percent and that the height of the proposed fill will not exceed five (5) feet, which is permitted on lots created prior to November 25, 1975. Furthermore, the proposed fill will be retained by an eight (8) foot high combination wall that consist of a five foot high retaining wall and a three foot high guard rail. Section 17: Any interested party may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17.02.040 C 1 j of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the P.C. Resolution No. 99-40 Page 7 of 8 city, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following the date of the Planning Commission's final action Section 18: 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 206, Variance No 446 and Grading Permit No 2135, thereby approving the construction of a 12,600 square foot addition to an existing shopping center and exterior facade improvements to the existing buildings on the subject property, at a proposed height that exceeds the maximum permitted height of sixteen (16) feet, and approving 1,220 cubic yards of associated grading and a Joint Use Parking Program, all subject to the conditions of approval in Exhibit "A" PASSED, APPROVED, AND ADOPTED this 12th day of October, 1999, by the following vote: AYES: Chairman Cartwright, Vice -Chairman Lyon, Commissioners Paris, Alberio, and Slayden NOES: None ABSTENTION: None ABSENT: Commissioners Clark and Vannorsdal Joel Fojas, AICD \ Dire or of Plann'iBuilding and ode Enforcement; and, BL:rcretary to the Planning Commission P., bon S Cartwright Chairman P C Resolution No 99-40 Page 8 of 8 9 9 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 206, VARIANCE NO. 446, GRADING PERMIT NO. 2135, AND ENVIRONMENTAL ASSESSMENT NO. 711 GENERAL Prior to the submittal of plans into Building and Safety plan check, the applicant and/or 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 approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The approval shall become null and void after one year from the date of approval, unless approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process Phase I (see Condition No. 5) shall remain valid for a period of three years from the date of approval (October 12, 1999) and Phase II (see Condition No. 5) shall remain valid for a period of five years from the date of approval (October 12, 1999). 3 All mitigation measures contained in the approved Mitigated Negative Declaration No 711, shall be incorporated into the implementation of the proposed project and adhered to, and are incorporated herein by reference. 4. The proposed project shall be constructed in substantial compliance with the plans dated and received by the Planning Department on September 24, 1999 by Hannibal Petrosis 5. The proposed project shall be constructed in two phases, as shown below: Phase I: Improvements to the existing grocery market, facade improvements to the existing retail/office building and the construction of the three new buildings off Palos Verdes Drive West. Phase II: The construction of an upper level dining area to the Golden Lotus Restaurant. 6. The Conditions of Approval contained herein shall be subject to review and modifications, as deemed necessary and appropriate by the Planning CONDITIONS OF APPAL CONDITIONAL USE PERMIT NO. 206 VARIANCE NO. 446 GRADING PERMIT NO. 2135 ENVIRONMENTAL ASSESSMENT NO. 711 GOLDEN COVE CENTER OCTOBER 12, 1999 PAGE 2 Commission, six (6) months after issuance of a Certificate of Occupancy for each of the two phases, to review the applicant's compliance with the conditions of approval At that time, the Planning Commission may add, delete or modify any conditions of approval as deemed necessary and appropriate Notice of said review hearing shall be published and provided to owners of property within a 500' radius, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80 090 At that time, the Planning Commission may add, delete, or modify the conditions of approval as deemed necessary and appropriate. As part of the six month review, the Planning Commission shall consider the parking conditions, circulation patterns, the hours of operation, lighting, and noise impacts, in addition to other concerns raised by the Commission and/or interested parties. If necessary, the Planning Commission may impose more restrictive standards and conditions to mitigate any impacts resulting from the operation of the shopping center. 7. A time schedule for information purposes, indicating when construction is to begin, the anticipated rate of development and the approximate completion date, for the two phases of construction shall be submitted to the Planning Department prior to issuance of building permits for Phase I. 8 The Director of Planning, Building and Code Enforcement is authorized to approve minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. Otherwise, all other modifications all be subject to review and approval by the Planning Commission. 9. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 10. 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 Sundays or on legal holidays. 11. 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 materiels, abandoned or discarded furniture, appliances or other household fixtures CONDITIONS OF APPAL CONDITIONAL USE PERMIT NO. 206 VARIANCE NO.446 GRADING PERMIT NO. 2135 ENVIRONMENTAL ASSESSMENT NO. 711 GOLDEN COVE CENTER OCTOBER 12, 1999 PAGE 3 12 The proposed addition shall not exceed 12,600 square feet, as shown on the plans submitted to the Planning Department on September 24, 1999. Of the 12,600 square foot addition, 5,250 square feet shall be for the three new structures off Palos Verdes Drive West, 4,552 square feet shall be for the upper level dining area above the existing structure occupied by the Golden Lotus Restaurant, and 2,798 square feet shall be for the mezzanine within the existing grocery market 13. The lot coverage shall not exceed 61%, without first obtaining approvals from the Planning Department 14 The three (3) proposed new structures shall maintain a minimum setback of thirty (30) feet from the abutting street (Palos Verdes Drive West) and the first fifteen (15) feet, as measured from the property line, shall be landscaped. 15. The maximum hours of operation for all uses and tenants within the center shall be as follows: All existing uses that are operating beyond these hours on the effective date of this approval may continue to operate under their current established hours. General 16 Approvals shall be obtained by the South Coast Air Quality Management District, for all proposed restaurants, prior to issuance of building permits. 17. Pursuant to the recommendations of the South Central Coastal Information Center, a "stop work" order shall be issued by the City in the event that cultural resources are encountered during the construction, until an archaeologist has assessed such finds. 18. Prior to issuance of building permits, a hydrology study and drainage plan, prepared and wet -stamped by a licensed engineer, shall be submitted to the Planning Department for review and approval by the City. Such plan shall indicate all drainage patterns and mitigation measures that will prevent on-site flooding. CONDITIONS OF APPAL CONDITIONAL USE PERMIT NO. 206 VARIANCE NO. "6 GRADING PERMIT NO. 2135 ENVIRONMENTAL ASSESSMENT NO. 711 GOLDEN COVE CENTER OCTOBER 12, 1999 PAGE 4 19 Prior to issuance of building permits, the property owner shall submit an Urban Stormwater Plan in conformance with the requirements of the National Pollutant Discharge Elimination System (NPDES) for review and approval by the City. 20 The outdoor dining area adjacent to the three new buildings off Palos Verdes Drive West Shall remain uncovered and open to the sky, with the exception of a trellis, that shall respect all City Setbacks. Lighting 21. Within ninety (90) days of the adoption of this resolution, a lighting plan prepared by a lighting contractor shall be submitted to the City The lighting plan shall include the location, height, number of lights, wattage and estimates of maximum illumination on site and spill/glare at property lines and shall be reviewed and approved by the Planning Director. After sixty (60) days from the date of installation, all lighting shall be tested for conformance with the Planning Director's approval 22 No one fixture shall exceed 1,200 watts and the light source shall not be directed toward or result in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. All exterior lighting shall be arranged and shielded as to prevent direct illumination of abutting properties and to prevent distraction of drivers of vehicles on public rights-of-way 23. No new outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the eaves. If the light source or fixture is located on a building with no eaves, or if located on a standard or pole, the light source or fixture shall not be more than sixteen (16) feet above existing grade, adjacent to the building or pole 24 All outdoor lighting shall be turned off by 1:00 a.m. Mondays through Sundays, except for lighting used for security. The applicant shall provide the Planning Department with a lighting plan for review and approval by the planning director that indicates the lights that will remain lit throughout the evening for security Signs 25. Prior to issuance of building permits for Phase 1, a Master Sign Program shall be reviewed and approved by the Planning Commission. CONDITIONS OF API&AL • CONDITIONAL USE PERMIT NO 206 VARIANCE NO. 446 GRADING PERMIT NO 2135 ENVIRONMENTAL ASSESSMENT NO 711 GOLDEN COVE CENTER OCTOBER 12, 1999 PAGE 5 Maintenance 26 All existing and proposed roof top mechanical equipment shall be adequately screened from adjacent private properties and the public and private right-of-ways Furthermore, the roof top mechanical equipment for the existing two-story office/retail building shall be visually screened with a three foot high parapet wall around the perimeter of the exiting roof, as shown on the plans dated September 24, 1999 27 All hardscape surfaces, such as the parking lot and walkways, shall be properly maintained and kept clear of trash and debris at all times The property owners shall provide weekly sweep cleaning and leaf blowing that shall be permitted Mondays through Fridays from 8 00 a m to 5 00 p m , on Saturdays from 9 00 a m to 4 00 p m and at no time on Sundays and national holidays 28 All deliveries of commercial goods and supplies, such as, but not limited to, trash pick-ups, trash sweepers, and delivery trucks, shall be conducted between the hours of 7 00 a m and 7 00 p m , Mondays through Sundays 29 All mechanical equipment and the operation of machinery shall not exceed noise levels in excess of sixty-five (65 dBA) decibels, as measured from the closest property line adjacent to the mechanical equipment and shall operate between the hours of 7 00 a m and 7 00 p m 30 The storage of all good, wares, merchandise, produce and other commodities shall be housed in permanently, entirely enclosed structures, unless being transported 31 All trash receptacles shall be fully enclosed and visually screened from the public's view Utilities 32 The six (6) utility poles along the southern property line shall be removed from the subject property and all existing utility lines shall be placed underground, provided that the total cost does not exceed $80,000 Documentation of the cost as calculated by Southern California Edison shall be provided to the City If the cost to underground the existing utility poles exceeds $80,000, then the property owners shall repair the leaning utility pole adjacent to the Admiral Risty and relocate the utility pole located in the middle of the existing driveway All costs incurred with CONDITIONS OF APFOVAL CONDITIONAL USE PERMIT NO. 206 VARIANCE NO. 446 GRADING PERMIT NO. 2135 ENVIRONMENTAL ASSESSMENT NO. 711 GOLDEN COVE CENTER OCTOBER 12, 1999 PAGE 6 implementing either of these options shall be paid for by the property owner All work shall be performed prior to Issuance of the Certificate of Occupancy for Phase 1. 33. All new utility Imes shall be placed underground. 34. Prior to issuance of building permits, a detailed landscape plan shall be submitted to the Planning Department, indicating the types and sizes of plants to be used, for review and approval by the Planning Director. The landscape plan shall indicate how all trash receptacles will be screened. 35. The existing parking lot shall be improved with planters that will contain vegetation not to exceed sixteen (16) feet in height at maturity. 36 All on-site foliage that exceeds sixteen (16) feet in height shall be trimmed to a height no higher than sixteen (16) feet or entirely removed from the root system and replaced with foliage that does not exceed sixteen (16) feet in height at maturity. If the foliage is trimmed to sixteen (16) feet and subsequently dies, such foliage shall be removed and replaced with foliage that does not exceed sixteen (16) feet in height at maturity. 37. The perimeter of the subject property shall be landscaped with foliage that does not exceed sixteen (16) feet in height at maturity, as measured fifteen (15) feet in from the property lines abutting a street. 38. The property owner shall construct a solid privacy wall, not to exceed six (6) feet in height, along the southern property line, immediately adjacent to the rear of the structure occupied by the Admiral Risty. Such wall shall be constructed and finished with materials that resemble the existing perimeter walls 39. The existing perimeter walls enclosing the subject property shall be improved with a stucco finish resembling the color and texture used for the structures on the subject property 40. The area between the proposed retaining wall and garden wall adjacent to the western property line, along Palos Verdes Drive West, shall be landscaped. CONDITIONS OF APPAL CONDITIONAL USE PERMIT NO 206 VARIANCE NO 446 GRADING PERMIT NO 2135 ENVIRONMENTAL ASSESSMENT NO 711 GOLDEN COVE CENTER OCTOBER 12, 1999 PAGE 7 Noise 41 All noise levels generated by the subject center shall not exceed a maximum level of sixty-five (65dBA) decibels Two months after a certificate of occupancy has been issued for each of the two phases of development, a certified noise consultant, commissioned by the City, shall monitor noise levels generated by the center from five points (68 Via Capri, 11 Via Veneta, 11 San Remo, 29 San Remo, and 7100 Via Del Mar) for compliance with the maximum noise level of sixty-five (65 dBA) decibels for a period of two weeks during the noon and evening (7-8 p m ) hours on a Tuesday, Thursday and Saturday If it is determined that levels of noise generated by the center exceed sixty-five (65 dBA) decibels, the applicant shall incorporate design elements into the layout of the center that buffers noise levels, such as water features and/or landscaping If it is determined that the center is still generating noise levels in excess of the maximum sixty-five (65 dBA) decibels, the property owner may apply for an amendment to this condition of the Conditional Use Permit, to allow an increase in the maximum noise levels The property owner shall pay for all costs incurred by the noise monitoring by establishing a trust deposit determined by Staff 42 No amplified sound, including but not limited to, loud speakers, stereo speakers, and microphones, shall be permitted throughout the center, including all outdoor dining areas. For special events, temporary amplified sound may be permitted provided that the applicants obtain a Special Use Permit from the Planning Department. Any amendment to this conditions shall be reviewed by the Planning Commission as a Conditional Use Permit amendment. Off -Site and On -Site Circulation 43 "Do Not Enter, Wrong Way" signage shall be installed at the back of the existing Building "A" (as shown on the site plan) to reduce the possibility of motorists traveling westbound into the eastbound one-way drive aisle adjacent to adjacent Building "E" 44 The proposed one-way westbound drive aisle along the north side of Building "A" shall be designated as a two-way drive aisle by installing two- way directional pavement arrows at each end of that drive aisle 45 Two-way directional pavement arrows shall be installed at each end of each two-way directional aisleway One-way directional pavement arrows shall be installed at each end of each one-way directional aisleway CONDITIONS OF APPRFJVAL CONDITIONAL USE PERMIT NO 206 VARIANCE NO. 446 GRADING PERMIT NO 2135 ENVIRONMENTAL ASSESSMENT NO 711 GOLDEN COVE CENTER OCTOBER 12, 1999 PAGE 8 46 The parking spaces adjacent to Building "E" shall be oriented at a 90 degree angle to maintain a two-way drive aisle 47 One-way eastbound pavement arrows shall be installed at each end of the aisleway located behind Building "A" Additionally, the trash bins at the back of Building "A" shall be relocated to provide increased aisleway width and relocated to the indented corner in the back of Building "A" 48 The lone parking space at the back of Building "A" shall be reoriented so that an eastbound motorist on the one-way aisleway at the back of Building "A" can enter the parking space 49 The curb returns at the end of each on-site aisleway shall have a minimum radius of 5 feet. This will provide an appropriate turning radii for motorists turning from one aisleway to another 50 The northernmost project driveway on Palos Verdes Drive West, adjacent to the Unocal Service Station, shall be reconfigured as an inbound and outbound driveway by combining the two driveways into one driveway so that the centerline of the driveway runs along the property line In order to implement this driveway improvement requirement, the property owners shall provide the City with a written agreement signed by the property owners of the Golden Cove Center and the Unocal Service Station agreeing to such a proposal If, after the property owner has shown the City that all reasonable and good faith efforts were made with the property owner of the Unocal Service Station as determined by the City, and that an agreement could still not be made, then the applicants shall landscape or construct a wall, not to exceed 42" in height, along the shared property line and the northern most driveway shall be reconfigured to an `in only' driveway 51 A sign shall be posted at the driveway behind the existing grocery market requiring that only a right turn can be made 52 Appropriate corner sight distance from 8 -feet behind curb face shall be provided at the driveways accessing Palos Verdes Drive West and Hawthorne Boulevard The corner sight distance on Palos Verdes Drive West shall be 550 feet based on a 50 mph 85th percentile speed and the corner sight distance on Hawthorne Boulevard shall be 495 feet based on a 45 mph 85th percentile speed Based on the ultimate location of the northernmost driveway on Palos Verdes Drive West, the bus stop on Palos Verdes Drive West shall be relocated/modified to ensure CONDITIONS OF APVAL CONDITIONAL USE PERMIT NO. 206 VARIANCE NO, 446 GRADING PERMIT NO. 2135 ENVIRONMENTAL ASSESSMENT NO. 711 GOLDEN COVE CENTER OCTOBER 12, 1999 PAGE 9 appropriate corner sight distance from both driveways on Palos Verdes Drive West. The applicant shall make a good faith effort to work with the Director of Public Works to relocate and/or modify the bus stop 53 According to the Joint Use Parking Program, the Center shall maintain at least 314 parking spaces at all times, which shall include handicapped spaces as required by the Uniform Building Code The Planning Director shall assess the parking conditions, six (6) months after issuance of the certificate of occupancy for each of the two phases, prior to acceptance to "plan check" for the next phase. If after review, the Joint Use Parking Program requires modifications, the parking plan shall be reviewed and modified, as deemed necessary, by the Planning Commission. 54. In order to ensure that adequate storage length Is provided for vehicles making left -turns from the southbound median turn pocket on Palos Verdes Drive West at Hawthorne Boulevard, the proposed Golden Cove Center Project shall post a bond for extending the pocket in an amount determined by the Director of Public Works. Monitoring should occur during the next five (5) years to evaluate the vehicle storage capacity and the pocket should be extended if monitoring shows a need to extend the pocket. VARIANCE 55 The proposed 176 square foot addition located within the required setback, shall be constructed in compliance with plans submitted to the Planning Department on September 24, 1999 56. The proposed grading shall not exceed 1,220 cubic yards of earth excavation, of which 145 cubic yards shall be used as cut and 1,075 cubic yards as fill, in addition to remedial grading. 57 A grading plan, Indicating the quantities of earth movement, shall be submitted to the Department of Public Works and the Division of Building and Safety for review and approvals, prior to the Issuance of building permits 58 Prior to issuance of building or grading permits, the property owner shall submit geotechnical and soils reports to the City for review and approvals by the Building Official and the City's Geotechnical Consultant, to ensure that all conditions specified in the geotechnical and soils reports are CONDITIONS OF APPOVAL ' CONDITIONAL USE PERMIT NO 206 VARIANCE NO. 446 GRADING PERMIT NO 2135 ENVIRONMENTAL ASSESSMENT NO 711 GOLDEN COVE CENTER OCTOBER 12, 1999 PAGE 10 incorporated into the project. 59 The maximum depth of cut shall not exceed 5' in height. 60 The proposed retaining wall shall not exceed 5' in height, with an additional 3' high guard rail on top of the retaining wall, for a combined wall height of 8', as measured from grade on the low side and 6' in height as measured from grade on the high side 61 Any additional grading determined to be necessary by the City's Geotechnical Consultant to prepare the site for the proposed improvements shall be permitted as remedial grading