Loading...
PC RES 1999-042P.C. RESOLUTION NO. 99- 42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 208 TO ALLOW THE SALES OF NON -AUTOMOTIVE ITEMS WITHIN THE 407 SQUARE FOOT CASHIER AREA OF THE EXISTING CAR WASH BUILDING, LOCATED AT 27774 HAWTHORNE BOULEVARD. WHEREAS, on October 11, 1999, the applicant, Mr Shiraz Govani submitted an application for Conditional Use Permit No. 208 to allow the sales of non -automotive items such as: greeting cards, pre-packaged foods, toys, sunglasses, cigarettes, ice cream, sodas, and an Automated Teller Machine (ATM) within the 407 square foot cashier area of the existing car wash building of the subject property located at 27774 Hawthorne Boulevard, and, WHEREAS, on October 29, 1999 the application was deemed complete; and, WHEREAS, pursuant to the provisions of the California Quality Act, Public Resource 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), Staff found no evidence that the proposed project would have a significant effect on the environment as the site is not listed on the California Environmental Protection Agency's List of Hazardous Waste and Substance Sites and there is no evidence that there is contamination on the site and, therefore the proposed project has been found to be categorically exempt (Class 1, Section 15302 (b)), and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, Planning Commission held a duly noticed public hearing on November 23, 1999, at which 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 subject site is adequate in size and shape to accommodate the proposed use since no portions of the existing building footprint will expand, and the proposed use will occupy only the 407 square foot cashier area that is located within the existing car wash building. Further, because the applicant is adding new net leasable area, the applicant will provide two new parking spaces which consists of: 1) a standard parallel parking space; and 2) a disabled parking/loading space for the customers. The on-site traffic circulation will not adversely impact the customer accessibility since the two new parking spaces will be located away from the vacuum lines and fuel dispensers. Section 2: In approving the service station improvements in 1998, the Planning Commission determined that the site is able to adequately accommodate the traffic generated by the existing use. This determination was reiterated during the subject site's recent 6 -month review, as no traffic accessibility issues were identified. The proposed use will not generate any substantial new traffic since the proposed use is ancillary to the car wash function, as it is intended to provide primarily snacks and sundry items to the car wash customers Furthermore, there will be no placement of any signs or banners advertising the sales of pre-packaged goods or ATM Also, the cashier area will close the same time as the car wash facility. Section 3: The proposed use will not have a significant adverse effect on the adjacent properties since the non -automotive items will be located within the existing car wash building, the operation will close at the same time as the car wash facility, and the use will alter the existing physical appearance of the subject site. The applicant will also install a new 18" x 18" safety cashier box at the existing western window for those patrons purchasing gas after the closure of the cashier area wishing to pay in person rather than at the gas pumps Section 4: The proposed project is not contrary to the General Plan since the project consists of improvements that are routinely permitted in commercial zones, provided that the improvements comply with the provisions set forth in the Development Code. Since the General Plan does not identify goals and objectives that prohibits the sales of non -automotive items, the granting of the Conditional Use Permit is not contrary to the City's General Plan. Section 5: The underlying zoning of the lot is RM -8 (Residential Multiple Family). However, since the site was developed in 1971, prior to the City's incorporation, an approved Conditional Use Permit does not exist for the current use. Since the lot is in the automotive service station overlay control district (OC -4), the use is considered a legal conforming use, regardless of the base zoning district or whether a conditional use permit has been approved for the use. Also, the proposed project complies with all the applicable findings that pertain to the sales of non -automotive items within the Automotive Overlay section under "convenience store" Since the proposed use will not significantly intensify the existing use or alter the physical appearance of the subject site, the applicant would not be required to bring the site into conformance with the current development standards. P.C. Resolution No. 99-42 Page 2 of 4 Section 6:, The applicants conduct the current operation in an orderly and efficient manner in accordance to the conditions of approval that were placed on the subject site from the previous project (Site Plan Review No. 8311, Grading Permit No.2048, and Sign Permit No 961 Revision "A"). The current conditions regarding lighting,vehicular ingress and egress, noise, landscaping on the slope, structure setback, and signs are fully applicable to this ancillary use to protect the health, safety, and general welfare of the residents In addition, Staff has drafted additional conditions of approval for this particular project to ensure that the use remains ancillary to the primary car wash use and to further protect the health, safety and welfare of the community Section 7: The proposed project will not contribute to any undesirable proliferation of convenience store uses and will respect the visual character of the site since the items will be allowed only within the existing 407 square foot enclosed cashier area, during the car wash operation hours and this is not a convenience store Also, the proposed use will not be visible from outside the building due to the tinted windows. Section 8: There are no places of worship, schools, parks, recreation centers or playgrounds located within a 2700' foot radius of the project site Further, the proposed project will be designed in such a manner as to minimize noise disturbance and congestion since the hours of operation for the cashier area will be same as the car wash facility, and there will be no placement of any signs or banners advertising the non -automotive items or the Automated Teller Machine (ATM). Section 9: The proposed use will comply with the development applicable guidelines for the ancillary sales of items of the City's Municipal Code, if the Conditional Use Permit is granted. Since the proposal does comply with all other Code requirements, and the findings related to the Conditional Use Permit can be made, the proposed project complies with the intent of this finding. Furthermore, the proposed parking spaces will be required to comply with the dimensions and specifications of the Uniform Building Codes, and be reviewed, inspected and approved by the Building and Safety Division. Section 10: Any interested person 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 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 11: For the foregoing reasons based on the information and findings included in the Staff Report, Minutes and other record of proceeding, the Planning Commission of the City of Rancho Palos Verdes hereby approves Conditional Use P C Resolution No 99-42 Page 3 of 4 • Permit No. 208 to allow the sales of non-automotive items within the 407 square foot cashier area of the existing car wash building, for the property at 27774 Hawthorne Boulevard, subject to conditions contained in Exhibit "A", attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. PASSED, APPROVED, AND ADOPTED this 23rd day of November 1999, by the following vote: AYES: Cartwright, Clark, Lyon, and Slayden NOES: Paris ABSENTATION: ABSENT: Alberio, and Vannorsd- Jon S. Cartwrig Chairman Joel R. as, A l • Direct. of 'Tannin. = ilding and Co. - 'nforce = t; and Secretary to the Planning Commission P.C. Resolution No. 99-42 Page 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 208 GENERAL Prior to the installation of the non -automotive items, the applicant shall submit a statement to the City, in writing, that they have read, understand and agree to all the conditions of approval contained in this resolution Failure to provide said written statement within ninety (90) days of approval shall render this approval null and void 2 The approval shall become null and void after 180 days from the date of approval 3 The Director of Planning, Building and Code Enforcement is authorized to make 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 4 The abandonment or non-use of this approval after a period of six months shall terminate the approval and any privileges granted hereunder shall become null and void 5 The Conditional Use Permit shall be reviewed by the Planning Commission six (6) months from the installation of the non -automotive items, to review the applicant's compliance with the conditions of approval At that time, the Planning Commission may add, delete, or modify the 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 6 As part of the six (6) month review, the Planning Commission shall consider the hours of operation and the adequacy of the parking for the cashier area, and if necessary impose more restrictive standards, to ensure that any impacts resulting from the hours of operation are eliminated or reduced 7 During construction, the 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 Exhibit "A"- Con000ns of Approval • November 23, 1999 Page 2 limited to the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other fixtures 8 In the event that a Planning condition is in conflict with a Building and Safety requirement, the stricter standard shall apply 9 The project shall be constructed and developed in substantial conformance with the approved stamped plans, dated October 7, 1999 10 The use of any amplified system on the subject site shall be prohibited at all times 11 The previous conditions of approval from Site Plan Review No 8311, Grading Permit No 2048, and Sign Permit No 961 Revision "A" are still fully applicable to the subject site SALES OF NON -AUTOMOTIVE ITEMS 12 The sales of non -automotive items shall be limited to the following greeting cards, pre-packaged food snacks, toys, sunglasses, cigarettes, ice cream, sodas No household products, heated, cooked or otherwise prepared snacks, self -serve beverages (hot and cold), and dairy products shall be sold No other items may be sold without approval of a revision to this Conditional Use Permit by the Planning Commission 13 There shall be no sales of any alcoholic beverages or lottery tickets on the subject site 14 The sale and display of non -automotive items shall be located only within the existing 407 square foot cashier area of the building 15 The applicant shall install a new 18" x 18" safety cashier box to the existing window on the western side of the car wash building prior to the commencement of the non -automotive sales 16 One Automated Teller Machine (ATM) may be permitted within the cashier area SIGNS 17 There shall be no placement of any signs or banners advertising the sales of the pre-packaged goods or the Automated Teller Machine (ATM) on the subject site Exhibit "A"- Con ns of Approval November 23, 1999 Page 3 18 No signs are permitted with this approval PARKING 19 A total of two new parking spaces shall be provided on the subject site which consist of- 1) a 9'x 26' standard parallel parking stall, and 2) a 17'x 20' disabled parking/loading stall The standard parallel parking space will abut the western side of the car wash building, and the disabled parking/loading space shall be located in front of the covered patio area The parking stalls must comply with the dimensions and specifications of the Uniform Building Code HOURS OF OPERATION 20 The hours of operation for the cashier area (same as the existing car wash facility) shall be limited from Monday — Sunday- 8 00 a m to 6 00 p m 21 The hours of operation for gasoline sales, including a service station attendance within the cashier area to operate the new cashier safety box shall be limited as follows Monday — Thursday 6 00 a m to 10 00 p m Friday— Sunday 6 00 a m toll 00 p m Any increases to the hours of operation shall require review and approval of a Conditional Use Permit. 22 With exception of the delivery of gasoline, no deliveries are permitted to the site between the hours of 9 00 p m to 6.00 a m