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PC RES 2000-004P.C. RESOLUTION NO. 2000- 04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 182 REVISION "B" AND SIGN PERMIT NO. 720 REVISION "A" TO: 1) CONSTRUCT A NEW 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; 2) ERECT A 180 SQUARE FOOT DETAIL CANOPY; AND 3) INSTALL A NEW 9 SQUARE FOOT CAR WASH SIGN, LOCATED AT AN EXISTING FACILITY AT 28103 HAWTHORNE BOULEVARD. WHEREAS, on September 24, 1999, the applicant, Mr. William Myers submitted applications Conditional Use Permit No. 182 Revision "B", and Sign Permit No 720 Revision "A" to allow 1) 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, 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 on the subject property located at 28103 Hawthorne Boulevard; and, WHEREAS, on December 7,1999 the applications were deemed complete; 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 not 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, 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, and, WHEREAS, the Planning Commission conceptually approved the proposed project on January 25, 2000 with direction to Staff to incorporate additional conditions to Exhibit "A" and return with resolutions for consideration, and, WHEREAS, the Planning Commission adopted Resolution No 2000- on February 8, 2000 thereby adopting a Mitigated Negative Declaration Resolution and the Mitigation Monitoring Program 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 the proposed hand car wash and detailing canopy will be located at the rear of the property and will not interfere with the primary service station and auto repair shop Also, the hand car wash will be located approximately 40'0" from the rear property line and there will be adequate area to accommodate an over flow of vehicles during peak periods from the drying area at the rear of the property besides the drying area Furthermore, the subject site will have a total of 30 parking spaces which is sufficient for the existing and proposed uses Section 2: The proposed use will not create a significant impact to the on-site and off-site traffic circulation due to the existing roadway configuration and operations of the intersection at Hawthorne Boulevard and Granvia Altamira, and the subject site is be adequate in size to accommodate the operation since there is substantial area at the rear of the site to accommodate an overflow of vehicles from the drying area during peak periods Section 3: The proposed use will not have a significant adverse effect on the adjacent properties since the 2 vacuums will be located approximately 40'0" from the property line, and the noise from the proposed use shall not exceed 65 decibels from the affected residences which will be monitored and reviewed during the 6 -month review period by a Certified Noise Consultant to ensure that the noise impacts are minimal Also, the congestion on-site is not expected to impact any off-site operations, and all exterior lighting will be arranged and shielded to prevent direct illumination to abutting properties, and to prevent distractions to drivers at the public right-of-way P C Resolution No 2000-04 Page 2 of 4 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 areas 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 a hand car wash facility, 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 RS -4 (Single Family Residential). According to the OC -4 (Automotive Service Station Overlay Control District) section of the Development Code, the proposed development project is subject to the OC -4 development guidelines listed in Section 17.40 070(c) since a Conditional Use Permit is required for the proposed use In 1995, the City Council, on appeal, approved Conditional Use Permit No 182 for approval of improvements to the existing site which included a new convenience store. Since the use was subject to a Conditional Use Permit, the applicant was required in 1995 to bring the subject site into conformance with the development standards as required in the OC -4 district. The site has been in conformance since the original Conditional Use Permit No 182 approval. As such, the proposed project will meet all the applicable requirements, except for parking which the Planning Commission finds may be deviated from in accordance with Section 17.40070 Section 6: The applicant currently operates the service station in an orderly and efficient manner in accordance with the conditions that were placed on the subject site from the previous project (Conditional Use Permit No 182). Further, the Planning Commission finds that this project has be designed and conditioned through mitigation measures defined in the Mitigated Negative Declaration to incorporate requirements such that the no significant impact to the health, safety, and general welfare of the site or the surrounding properties will occur. Section 7: The proposed car wash sign is necessary for the applicant's enjoyment of substantial trade, and the sign of 9 square feet is relatively small in size Also, the proposed sign will not exceed the maximum height limit of 60", as required by the Development Code. Section 8: The proposed car wash sign will not adversely effect the value and character of the adjacent residential tract since the sign will be at the same location as the existing 60" high monument sign. In addition the applicant is not proposing any additional signs, therefore the placement of this sign would be similar to other existing car wash stations on the Peninsula that are located at the corner of the intersection. Section 9: 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 P C Resolution No. 2000-04 Page 3 of 4 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 10: 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 Permit No 182 Revision "B" and Sign Permit No. 720 Revision "A" to allow: 1) 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, and a 600 square foot trellis for the seating area that will abut the northern side of the building; 2) erecting a 180 square foot detail canopy, and 3) installation a new 9 square foot car wash sign that will be attached to the existing monument sign, for the property at 28103 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 8th day of February 2000, by the following vote: AYES: Cartwright, Lyon, Paris, Slayden, and Vannorsdall NOES: Alberio ABSTENTION: Clark ABSENT: Joel ojas, AICP Direc or of Planning B ilding ode Enforcem nt; and Secretary to the Planning Commission 9JonS ZCartwright -/ Chairman P.C. Resolution No. 2000-04 Page 4 of 4 E 11 EXHIBIT "All CONDITIONS OF APPROVAL ENVIRONMENTAL ASSESSMENT NO. 716, CONDITIONAL USE PERMIT NO. 182 REV. "B", SIGN PERMIT NO. 720 REV. "All Prior to the submittal of plans into Building and Safety "plan check" , the applicant shall submit to the City a statement, that they have rear, 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 one (1) year from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17.86.070 of the City's Development Code This approval shall become null and void after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant 3 The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modification shall achieve substantially the same results as would strict compliance with said plans and conditions. 4. Any future amendments or modifications to the proposed project, other than minor modifications or signs, shall be subject to review and consideration by the Planning Commission. 5. All conditions that were approved for the existing uses under Conditional Use Permit No. 182 and Conditional Use Permit No. 182 Revision "A" are still valid 6. The Conditional Use Permit and Sign Permit shall be reviewed by the Planning Commission six (6) months from the issuance of the final building permit for the new construction, 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 the 500' radius, to persons requesting notice, to all affected homeowners association, and the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. Exhibit "A" February 8, 2000 Page 2 7. As part of the six (6) month review, the Planning Commission shall specifically consider the noise from the operation, and if necessary impose more restrictive standards, to ensure that any impacts from the hours of operation are eliminated or reduced. 8. In the event that a planning condition is in conflict with a Building and Safety requirement, the stricter standard shall apply ENVIRONMENTAL ASSESSMENT 9. Prior to issuance of a building permit, the applicant must install a fossil filter (drain insert) to the existing yard drain which is located at the northern corner of the facility. A "No Dumping, Drains to Ocean" stencil must be on or near the yard drain 10. No roof drains shall discharge into the trash enclosure area. 11. Trash bin(s) must have a lid. The applicant shall place one (1) additional trash bin at the seating area toward the rear of the property. 12 The County Industrial Waste Department must approve the clarifier at the car wash area An underground clarifier shall be installed at the wash area. 13 The proposed project is subject to all the applicable Best Management Practices (BMP's) and shall be approved by the City's Building Official. The BMP's shall include, but not be limited to: stormwater, material delivery and storage; material use; spill prevention and control, solid waste management; hazardous waste management and sediment control. 14. The applicant shall comply with all mitigation measures set forth in the adopted Mitigated Monitoring Program for this project. CONDITIONAL USE PERMIT 15. The proposed hand car wash/vacuum area shall not exceed 665 square feet in area, and 160" in height (proposed: 11'0"). 16. The proposed canopy for the hand car wash area only shall not exceed 450 square feet in area No trellis or canopy is permitted over the 215 square foot vacuum area Exhibit "A" February 8, 2000 Page 3 17 The detail canopy that is located at the north-western end of the property between 2 parking spaces shall not exceed 180 square feet in area Also, the canopy shall not exceed 12'0" in height. 18 The detail canopy shall be located a minimum of 10'0" from the rear property line 19 No vacuum machines shall be located at the detailing area. 20 A total of 30 parking spaces shall be available on the subject site, which includes one disabled parking space 21 A total of 2 vacuum machines and 2 water hoses are permitted within the car wash area 22. The proposed trellis at the seating area that will abut the northern side of the existing building shall not exceed 600 square feet in area, and shall setback 35'0" from the street -side property line Only 4 tables are permitted No umbrellas are permitted with this approval 23 The proposed drying area must accommodate a minimum area for 4 vehicles If any given time there is not enough room at the drying area, the property owner must park the vehicles at the rear of the property or in the parking spaces to avoid any congestion in the drive aisle between the drying area and the parking spaces 24 Water reclamation for the car wash must meet all existing government requirements and established industry standards 25 The honking of car horns to signal the completion of a car wash to customers shall be prohibited 26. The applicant shall work with affected neighbors to mitigate any visual or noise impacts associated with the car wash/detailing use NOISE 27 Noise levels generated by the car wash/detailing area shall not exceed a maximum level of sixty-five (65dBA) decibels Not later than six (6) months from the issuance of the final building permit for the new construction, a certified noise consultant, commissioned by the City, shall monitor noise levels generated by the car wash/detailing use on any affected residences for a period of two weeks during the peak period use from 11 00 a m to 3 00 p m , Monday through Sunday At least 30 days prior to the noise study, the owner must submit a trust deposit to the City in an amount to Exhibit "A" February 8, 2000 Page 4 cover the costs of a City selected Certified Noise Consultant who will conduct an analysis of the amount of noise generated from the car wash/detailing use on any affected residences, and prepare a noise study summarizing his/her findings. In order for a neighboring property to be considered an affected residence and be included in the noise analysis, a property owner must notify the Director in writing of any noise concerns within 60 days from the start of operation of the car wash and detailing use The report shall be submitted to the Planning Commission at the time of the 6 -month review If it is determined that the levels of noise generated by the car wash/detailing use exceed sixty-five (65 dBA) decibels from affected residence The applicant shall either - a) Incorporate design elements into the layout of the car wash area that buffer the noise levels, including, but not limited to construction of a sound wall along the rear and interior side property line, restriction on the hours of operation, and/or relocation of the car wash/detailing use on the site, or, b) If it is determined that the ambient noise on the site exceeds the sixty-five (65dBA) decibel noise level, as measured from an affected residence, the owner may request that the maximum decibel level be raised, subject to review and approval of an amendment to the Conditional Use Permit, through a public hearing, by the Planning Commission Any application for such an amendment shall include subsequent noise studies and other information as deemed necessary by the Director The Planning Commission decision on such an amendment may be appealed to the City Council 28 No amplified sound, including but not limited to, loud speakers, stereo speakers, and microphones, shall be permitted throughout the subject site HOURS OF OPERATION 29 The hours of operation permitted for the hand car wash and detailing shall be limited from 9.00 a m to 6 00 p m , Monday — Sunday (all year) Any increases to the hours of operation shall require approval by the Planning Commission Exhibit "A" V February 8, 2000 Page 5 SIGN PERMIT 30. Only one (1) hand car wash sign is permitted with this approval. The proposed illuminated sign shall not exceed 9 (1'6" x 60") square feet in area, and shall be attached to the existing monument sign located at the southeastern corner of the property, at the intersection of Hawthorne Boulevard and Granvia Altamira. 31. No car wash price sign is permitted with this approval. If in the future, the applicant requests for a car wash price sign, the sign permit shall be reviewed for approval by the Director of Planning, Building and Code Enforcement. LIGHTING 32. All exterior lighting at the hand car wash area and at the detail canopy shall be arranged and shielded as to prevent direct illumination of abutting property and to prevent distraction of drivers of vehicles on public right-of- ways. Luminaries "light fixtures" shall be of low-level, indirect and diffused type All lighting under the canopy shall be covered with diffusing lenses and shielded. No lighting is permitted under the trellis at the seating area. 33. Within forty-five (45) days following its installation, all exterior lighting shall be subject to review and approval by the Director of Planning, Building and Code Enforcement, and may be subject to a reduction in the lumens, or the installation of additional screening should the Director find that the lighting to be excessive or intrusive on neighboring properties MISCELLANEOUS 34. The minimum setbacks shall conform to the approved plans, but in no case shall be less than: 10'0" from any property line — this apply to any part of the structure, canopies or building (proposed: car wash shall be located 40'0" from the rear property line) 35 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 legal holidays 36. The construction site shall be kept free of all loose materials resembling trash and debris in excess of that material use for immediate construction purposes. Such excess may include, but is not limited to: the Exhibit "A" February 8, 2000 Page 6 accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures