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PC RES 2000-003 • 111 P.C. RESOLUTION NO. 2000- 03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION AND MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO. 716, CONDITIONAL USE PERMIT NO. 182 REVISION "B", AND SIGN PERMIT NO. 720 REVISION "A" TO ALLOW: 1) CONSTRUCTION OF A NEW 665 SQUARE FOOT HAND CAR WAS HNAC U U M AREA, A 450 SQUARE FOOT COVERED PATIO FOR THE HAND CAR WASH AREA, AND A 600 SQUARE FOOT TRELLIS; 2) ERECTING A 180 SQUARE FOOT DETAIL CANOPY; AND 3) INSTALLATION A NEW 9 SQUARE FOOT CAR WASH SIGN, TO THE PROPERTY LOCATED AT 28103 HAWTHORNE BOULEVARD. WHEREAS, on September 24, 1999, the applicant, Mr. William Myers submitted applications for Conditional Use Permit No. 182 Revision "B" and Sign Permit No. 720 Revision "A" to the City; and, WHEREAS, the Single Family Residential zoning (RS-4) district with Automotive Overlay Control District (OC-4), in which the subject property is located, allows for the expansion and continued use of the subject property by commercial type uses; and, WHEREAS, pursuant to the provisions of the California Quality Act, Public Resources Code Sections 21000 et.seq. ("CEQA"), the State CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et.seq. the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined there is no substantial evidence that the approval of Conditional Use Permit No. 182 Revision "B" and Sign Permit No. 720 Revision "A" as mitigated would result in a significant adverse effect on the environment. Accordingly, a Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and, WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to the Planning Commission, and prior to taking action on the proposed Conditional Use Permit No. 182 Revision "B" and Sign Permit No. 720 Revision "A", the Planning Commission independently reviewed and considered the information and findings contained in the Mitigated Negative Declaration and determined that the document was prepared in compliance with the requirements of CEQA and local guidelines, with respect thereto; and, WHEREAS, the Initial Study was prepared on December 16, 1999 and distributed for circulation and review from December 16, 1999 to January 17, 2000; and, • WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to the Planning Commission, and prior to taking action on the proposed Conditional Use Permit No. 182 Revision "B", and Sign Permit No. 720 Revision "A", the Planning Commission independently reviewed and considered the information and findings contained in the Mitigated Negative Declaration and determined that the document was prepared in compliance with the requirements of CEQA and local guidelines, with respect thereto; and, WHEREAS, after notices issued pursuant to the requirements of the City's Development Code and State CEQA Guidelines, the Planning Commission of the City of Rancho Palos Verdes held a public hearing on January 25, 2000, 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 applications would permit the construction of a new 665 square foot hand car wash/vacuum area, a 450 square foot covered patio for the hand car wash area, a 600 square foot trellis, a detail canopy, and a 9 square foot car wash sign to the existing service station site. The Planning Commission finds that the proposed project is permitted on the subject site, with the approval of a conditional use permit, and would not result in any significant adverse environmental impacts in addition to or beyond those already associated with the existing use of the site. In making this finding, the Planning Commission considered the project's mitigation measures that address the issues of Water, Noise, and Traffic/Circulation. Section 2: The underlying zone of the subject property is Single Family Residential (RS-4) with an Automotive Overlay Control District (OC-4). Since the site will continue to be used for automotive related purposes the new structure will not significantly impact the existing Land Use. Section 3: The proposed project will not alter the location, distribution, density, or growth rate of the human population in the area above what is forecasted in adopted City plans and policies, nor will the project affect existing housing, or create a demand for additional housing. The project will not create a significant additional demand for fire or police protection, maintenance of public facilities (including roads), or other governmental services. The project will not result in the need for new systems, or substantial alterations to utilities, including power or natural gas, communication systems, water, sewer or septic tanks, storm water drainage, or solid waste disposal. Furthermore, the proposed project will not result in the demand for new recreational facilities in that the center is a privately owned entity that encourages the use of its grounds for the good of the general public. P.C. Resolution No. 2000-03 Page 2 of 5 i • i 0 0 Section 4: The project site is relatively flat, therefore the proposed project will not result in significant adverse affects to topography destruction, covering, or modification of unique geologic or physical features, impacts to archeological or paleontological resources, increases in wind or water erosion of soils, or expose the occupants or visitors to seismic ground failure, landslides, or other known hazards. The project as condition and mitigated will not result in a significant effect on site drainage, surface run-off, groundwater or water movements, affect any plant or animal species or result in the removal of any sensitive Plant Life or Animal Life, or create a wasteful or inefficient use of the energy already being consumed on the site. Further the project will not result in negative aesthetic effects to the surrounding neighborhood or impact a scenic vista or highway. Section 5: The proposed project will not change the current, the course or the direction of water movements in either marine or fresh waters, since the project site is not located in such a setting, although there may be slight changes in the absorption rates, drainage patterns, and surface run-off on the subject site. The proposed storm water runoff and discharges from the proposed use has been reviewed by the City's Environmental Consultant Firm, John Hunter and Associates, and conditions have been implemented as mitigation measures to address the potential impacts from the water patterns. The conditions must be met prior to issuance of a building permit. As such, the Planning Commission finds that such conditions will ensure that water patterns will not significantly impact the surrounding environment. Section 6: Although the car wash facility will generate an increase in the amount of additional traffic to the existing site, the City's Traffic Engineer determined that the impacts to the public roadway are insignificant due to the roadway configuration and operations at the intersection. Therefore, the proposed use will not create significant adverse impacts to the circulation patterns, parking capacity, or traffic congestion. Also, the project will not result in an impact to local air quality standards, or expose sensitive receptors to pollutants. Section 7: Although the construction of the proposed project is anticipated to generate noise levels uncommon to the surrounding environment, such noise will be temporary in nature and that the City has imposed conditions, in accordance with the City of Rancho Palos Verdes' Municipal Code, that limits construction between the hours of 7:00 a.m. and 7:00 p.m. Mondays through Saturdays, with no construction permitted on Sundays and legal holidays (as identified in the City's Municipal Code). In regards to anticipated noise levels generated by the addition of a new hand car wash/vacuum area and detailing use, conditions have been incorporated into the project that the proposed use shall not exceed 65 decibels from the affected residences, and will be reviewed and monitored during the 6-month review period by a Certified Noise Consultant. The Planning Commission has the ability to restrict the hours of operation or P.C. Resolution No. 2000-03 Page 3 of 5 • make other modifications to the proposed during the 6-month review hearing. Furthermore, amplified speakers are prohibited on the subject site. As such, the Planning Commission finds that the mitigation measures imposed will ensure that noise levels do not adversely impact surrounding properties. Section 8: The proposed project will not alter the location, distribution, density, or growth rate of the human population in the area above what is forecasted in adopted City plans and policies, nor will the project affect existing housing, or create a demand for additional housing. The project will not create a significant additional demand for fire or police protection, maintenance of public facilities (including roads), or other governmental services. The project will not result in the need for new systems, or substantial alterations to utilities, including power or natural gas, communication systems, water, sewer or septic tanks, storm water drainage, or solid waste disposal. Further, the project will not result in the demand for new recreational facilities, as it is a commercial type use, which does not generate this type of demand. Section 9: For reasons discussed in the Initial Study, which is incorporated herein by reference, the project would not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals, nor would the project have impacts which are individually limited, but cumulatively considerable. Section 10: In addition, the mitigation measures set forth in the Mitigation Monitoring Program, Exhibit "A", attached hereto, are incorporated into the scope of the proposed project. These measures will reduce those potential significant impacts identified in the Mitigated Negative Declaration to an insignificant level. Section 11: Any interested person aggrieved of 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 the date of the Planning Commission's final action. Section 12: For the foregoing reasons and based on its independent review and evaluation of the information and findings contained in the Initial Study, Staff Reports, minutes, and records of theroceedin s, the PlanningCommission has determined that p g the project as conditioned will not result in a significant adverse impact on the environment. Therefore, the Planning Commission hereby adopts the Mitigated Negative Declaration making certain environmental findings in association with Environmental Assessment No. 716 to allow: 1) the construction of a 665 square foot hand car wash/vacuum area, a 450 square foot covered patio for the hand car wash area, and a 600 square foot trellis for the seating area that will abut the northern side of the building; 2) erect a 180 square foot detail canopy; and 3) install a new 9 square foot car wash sign that will be attached to the existing monument sign to the property located at 28103 Hawthorne Boulevard. P.C. Resolution No. 2000-03 Page 4 of 5 1111/ PASSED, APPROVED, and ADOPTED this 8th day of February 2000 by the following vote: AYES: Cartwright, Lyon, Paris, Slayden, and Vannorsdall NOES: Alberio ABSTENTIONS: Clark ABSENT: /11, on S. Cartwright Chairman Joel ' ojas, AICP Dire or of Planning, :00.ing, .n. ode Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2000-03 Page 5 of 5 • Exhibit "A" of Resolution No. 2000-03 Mitigation Monitoring Program (MMP) Project: Environmental Assessment No. 716, Conditional Use Permit No. 182 Revision "B", and Sign Permit No. 720 Revision "A" Location: 28103 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275 Applicant/: William Myers Landowner TABLE OF CONTENTS I. Introduction 2 II. Management of the Mitigation Monitoring Program 3 Roles and Responsibilities 3 Mitigation and Monitoring Program Procedures 3 Mitigation Monitoring Operations 3 III. Mitigation Monitoring Program Checklist 5 IV. Mitigation Monitoring Summary Table 6 • • I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP), is to allow the construction of a new 665 square foot hand car wash/vacuum area, a 450 square foot covered patio for the hand car wash area, a 600 square foot trellis for the seating area that will abut the northern side of the building, a 180 square foot detail canopy, and a new 9 square foot car wash sign to the property located at 28103 Hawthorne Boulevard, in the City of Rancho Palos Verdes, responds to Section 21081.6 of the Public Resources Code. Section 21081.6 requires a lead or response agency that approves or carries out a protect where a Mitigated Negative Declaration has identified environmental effects, to adopt a "reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects". The City of Rancho Palos Verdes is acting as lead agency for the project. An Initial Study/Mitigated Negative Declaration was prepared to address the potential environmental impacts of the project. Where appropriate, this environmental document recommended mitigation measures to mitigate or avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a mitigation reporting or monitoring program is required to ensure that the adopted mitigation measures under the jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Mitigated Negative Declaration. ENVIRONMENTAL PROCEDURES This MMP has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of CEQA (CEQA Guidelines), as amended (California Administrative Code Section 15000 et seq.). This MMP complies with the rules, regulations, and procedures adopted by the City of Rancho Palos Verdes for implementation of CEQA. MITIGATION MONITORING PROGRAM REQUIREMENTS Section 21081.6 of the Public Resources Code states: "When making the findings required by subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21081, the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program." MMP for CUP No. 182 Rev. "B" Page 2 of 8 • 0 0 II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM ROLES AND RESPONSIBILITIES The MMP for the project will be in place through all phases of the project including construction of the operation. The City will have the primary enforcement role for the mitigation measures. MITIGATION MONITORING PROGRAM PROCEDURES The mitigation monitoring procedures for this MMP consists of, filing requirements, and compliance verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below. Mitigation Monitoring Program Checklist The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the method of verification of compliance; the timing of verification; the department or agency responsible for implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist. Mitigation Monitoring Program Files Files shall be established to document and retain the records of this MMP. The files shall be established, organized, and retained by the City of Rancho Palos Verdes Department of Planning, Building, and Code Enforcement. Compliance Verification The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of Rancho Palos Verdes Director of Planning, Building, and Code Enforcement. The compliance verification section of the MMP Checklist shall be signed, for mitigation measures requiring ongoing monitoring, and when the monitoring of a mitigation measure is completed. MITIGATION MONITORING OPERATIONS The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure: 1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall designate a party responsible for monitoring of the mitigation measures. MMP for CUP No. 182 Rev. "B" Page 3 of 8 0 ' 2. The City of Rancho Palos Verdes, Director of Planning, Builds , and Code Enforcement shall provide to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist indicating the mitigation measures for which the person is responsible and other pertinent information. 3. The party responsible for monitoring shall then verify compliance and sign the Compliance Verification column of the MMP Checklist for the appropriate mitigation measures. Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase, unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement with advice from Staff or another City department, is responsible for recommending changes to the mitigation measures, if needed. If mitigation measures are refined, the Director of Planning, Building, and Code Enforcement would document the change and shall notify the appropriate design, construction, or operations personnel about refined requirements. MMP for CUP No. 182 Rev. "B" Page 4 of 8 • • 9 • 0 III. MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of Rancho Palos Verdes on January 25, 2000. Mitigation measures are listed in the order in which they appear in the Initial Study. * Types of measures are project design, construction, operational, or cumulative. * Time of Implementation indicates when the measure is to be implemented. * Responsible Entity indicates who is responsible for implementation. * Compliance Verification provides space for future reference and notation that compliance has been monitored, verified, and is consistent with these mitigation measures. MMP for CUP No. 182 Rev. "B" Page 5 of 8 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 4. WATER 4.1 a&j)The proposed hand car wash use and drying Project Design Prior to Building Permit Applicant City's Building Official area may potentially increase the amount of water Issuance flow and storm water discharge on the subject site. To ensure that there will be no significant impacts, the following mitigation measure has been added: - Prior to issuance of a Building Permit, the Director of Planning, Building and Code Enforcement,the Building Official,and the City's 111 NPDES Consultant shall review the proposed project to ensure that all the applicable conditions and measures to control surface runoff, as specified by the City, are incorporated into the design of the project, and that all applicable requirements of NPDES be incorporated into the project. As mitigated,there will be no significant impacts to water as a result of the project. As conditioned to the proposed project to the proposed project, prior to issuance of a Building Permit,the applicant must install a fossil filter (drain insert)in the existing yard drain located at the northern corner of the facility. A"No Dumping, Drains to Ocean"stencil must be on or near the yard drain. Also, no roof drains should discharge into the trash enclosure area,trash bin(s)must have a lid, and the County of Industrial Waste Department must approve the clarifier at the car wash area. All applicable Best Management Practices (BMP's)required for the construction projects in the City shall be incorporated into the project. The BMP's shall include, but not be limited to: stormwater; material delivery and storage; material use; spill prevention and control, solid waste management; and hazardous waste management and sediment control. Other applicable BMP's will be required at the discretion MMP for CUP No. 182 Rev. "B" Page 6 of 8 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION of the Direction of Public Works in order to control stormwater pollution. 6. TRANSPORTATION/CIRCULATION 6.a. The proposed use may create additional traffic Project Design/ Prior to Building Permit Applicant Director of Planning, ill to the subject site. To ensure that there will be no Operational Issuance Building and Code significant impacts as a result of the increased traffic Enforcement and altered traffic movements on the subject site,the following mitigation meaures shall be added: - The project shall be subject to review by the City's traffic Engineer and Public Works Department and shall incorporate any recommendations into the design of the project. - Prior to issuance of a Building Permit, the proposed project shall be reviewed by Director of Planning, Building and Code Enforcement and the Building Official to ensure that all the applicable conditions and measures as specified by the City are incorporated into the project. As such,there will be significant impacts to the transportation/circulation as a result of this project. 10. NOISE 10.1a)All construction shall be limited to the hours Construction Throughout construction Applicant City's Code of 7:00 a.m. to 7:00 p.m., Monday through period. Enforcement Officer Saturday. No construction is permitted on Sundays or legal holidays. 10.1 b)The hours of operation for the hand car wash, and the detailing shall be restricted from Operational Throughout operation, Applicant City's Code 9:00 a.m.to 6:00 p.m., everyday. monitored during 6-month Enforcement Officer review MMP for CUP No. 182 Rev. "B" Page 7 of 8 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 10.1c) The vacuum area shall have no more than 2 vacuums, and the car wash area shall be limited to Project Design/ Prior to Building Permit, and a maximum of 2 garden hoses. Operational throughout term of operation Applicant Director of Planning, Building and Code Enforcement MMP for CUP No. 182 Rev. "BP Page 8 of 8 s •