PC RES 2000-024w
RESOLUTION NO. 2000-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 182 REVISION "C", THEREBY
AMENDING CONDITIONS OF APPROVAL NOS. 7, 36, and 46
OF RESOLUTION NO. 95-41, AND SIGN PERMIT NO. 720
REVISION "B", THEREBY MODIFYING THE CONDITIONS OF
APPROVAL TO INCLUDE ADDITIONAL SIGNS AND BANNERS
TO THE EXISTING SERVICE STATION LOCATED AT 28103
HAWTHORNE BOULEVARD.
WHEREAS, on May 2, 1995, the City Council upheld the Planning
Commission's decision to approve Conditional Use Permit No. 182 and Sign
Permit No. 720, with conditions, for installation of two new fueling pumps and
construction of 1,463 square foot addition for operation of a 1,450 square foot
convenience store; and,
WHEREAS, on April 4, 2000, the City Council held a duly noticed public
hearing to review the appeal of the Planning Commission's action of approving
Conditional Use Permit No. 182 Revision "B", Sign Permit No. 720 Revision "A",
and Environmental Assessment No 720 to allow a hand car wash/detailing
operation at the existing Mobil Service Station At that meeting, the applicant
noted that pursuant to a condition imposed on his original Conditional Use
Permit, the rear parking lot must be chained or otherwise secured to prevent
access to the rear of the property after business hours. In response to Mr. Myers
request that this condition be deleted, the City Council remanded the applicant's
request to the Planning Commission for review and consideration, but denied
Conditional Use Permit No. 182 Revision "B" and Sign Permit No. 720 Revision
"A", and,
WHEREAS, on June 13, 2000, the Planning Commission held a duly
noticed public hearing to review the applicant's request to delete the condition
regarding the chain at the rear of the parking lot. However, the item was
continued to allow the applicant enough time to address other issues that were
identified by Staff during a code enforcement inspection of the property; and,
WHEREAS, on July 5, 2000, a new notice was sent to the property
owners within the 500' foot radius informing recipients of the applicant' amended
request known as Conditional Use Permit No. 182 Revision "C", Sign Permit No.
720 Revision "B", and the comment period for the Planning Commission hearing
on July 25, 2000, and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
hearing on July 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: That condition no. 36 of Resolution No 95-41 be amended to
prohibit the rear parking lot from being chained off
Section 2: That condition no. 46 of Resolution No 95-41 be amended
to allow the placement of three newspaper display racks outside the convenience
store since the racks will not interfere with the walkway or entryway for the
customers and would be similar in size to a display rack for motor oils and/or
automotive supplies.
Section 3: That Section 6 of Resolution No 95-41 be amended to
reflect that although the primary use of the property will remain as an automobile
service station, the primary purpose of the automobile service station is to
provide the sale of gasoline. As a result, condition no. 7 of Resolution No. 95-41
has been amended to require the convenience sales area to close immediately if
the sale of gasoline is discontinued for more than 90 consecutive calendar days.
Section 4: That the 3 banners within the service bay area, the diesel
sign above one of the fuel dispenser, the 3 blue island fascia with logos, and the
4 advertisement signs are necessary for the continuation of the applicant's
enjoyment of substantial trade and to identify the existing uses on the subject
site Also, the location and design of the additional signs and banners would not
adversely effect the value and character of adjacent residential tracts since they
are necessary to protect the public health, safety and welfare in the area.
Section 5: For the foregoing reasons based on the information findings
included in the Staff Report, and other records of proceedings, which are
attached hereto by reference, the Planning Commission of the City of Rancho
Palos Verdes hereby approves Conditional Use Permit No. 182 Revision "C",
thereby amending conditions of approval nos. 7, 36, and 46 of Resolution No 95-
41 and Sign Permit No. 720, thereby modifying the conditions of approval to
include additional signs and banners, as shown in the amended conditions
contained in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof,
which are necessary to protect the public health, safety, and welfare in the area.
P.C. Resolution No. 2000-24
Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 8th day of August 2000, by the
following vote:
AYES: Cartwright, Long, Lyon, Paulson, and Vannorsdall
ABSENTATIONS:
ABSENT: Clark and Mueller
Jo Rod s, AIC
P �
D rector f Planning, Uil uil ing
a C e Enforcemen , and
Secretary to the Planning Commission
z � 2P
Frank Lyon
Chairman
P.C. Resolution No. 2000- 24
Page 3 of 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 182 REV. "C"
28103 HAWTHORNE BOULEVARD
1. Within thirty (30) days following adoption of this Resolution, the applicant shall submit
to the City a statement, in writing, that he has read, understands, and agrees to all
Conditions of Approval contained in this Resolution Failure to provide said written
statement shall render this approval null and void.
2 Unless the Department of Fish and Game determines that this project is exempt from a
filing fee imposed pursuant to Fish and Game Code Section 711.4, the applicant shall
submit to the City payment of such fee made payable to the County Clerk of Los
Angeles, along with the County's documentation fee, no later than 48 hours after
project approval The applicant shall also be responsible for payment of any fines the
Department of Fish and Game determines to be owed. Project approval is not
operative, vested, or final until the filing fees are paid or a Certificate of Fee Exemption
is properly completed A minimum fee of $25.00 for documentation handling shall be
submitted to the City within 48 hours of project approval for processing of the
Certificate of Fee Exemption (De Minimus Impact Finding)
3. This Conditional Use Permit shall be reviewed by the Planning Commission six (6)
months from the date of issuance of a Certificate of Occupancy or Final building
permits for the new construction, whichever occurs first, to ensure compliance with all
Conditions of Approval At that time, the Planning Commission may add, delete, or
modify Conditions of Approval as deemed necessary and appropriate. Notice of said
review shall be provided in accordance with the provisions of Section 17 56 050 of the
Rancho Palos Verdes Development Code
4. At the time the six (6) month review is conducted, the Planning Commission shall
consider the hours of operation for the facility, and may impose more restrictive
standards, as deemed necessary to ensure that these Conditions of Approval are
adequate to reduce impacts from noise associated with the hours of operation
5. Any future change to the size of the convenience store or to the area dedicated to the
service, repair, or fueling of automobiles shall require a re-examination of the
Conditional Use Permit by the Planning Commission, including, but not limited to,
additional environmental review as required by the provisions of the California
Environmental Quality Act (CEQA).
6. Any new use or expansion to an existing use proposed on the subject property shall be
subject to review and approval of a Revision to the Conditional Use Permit, including,
but not limited to, additional environmental review as required by the provisions of the
California Environmental Quality Act
7. If the sale of gasoline on the subject property is discontinued, then the sale of
convenience items shall cease, and the convenience sales area shall be closed
Page 8 of •
0
immediately For purpose of this condition, the sale of gasoline shall be considered
discontinued if it ceases to occur for more than 90 consecutive calendar days
(Condition amended by the Planning Commission on July 25, 2000).
8 The sale of alcoholic beverages, including but not limited to, beer, wine, distilled spirits,
and/or similar beverages is not permitted in connection with this Conditional Use
Permit.
9 The operation and/or construction of a car wash is not permitted in connection with this
Conditional Use Permit
10. The installation and operation of a propane fuel tank is not permitted in connection with
this Conditional Use Permit.
11. Any accessory activities or services that change or intensify the use of the convenience
store, including but not limited to automatic teller machines, video rentals, drive -up
windows and sit down dining require prior review and approval by the Director of
Planning, Building, and Code Enforcement. The Director has the discretion to refer the
requested activity to the Planning Commission for review and consideration.
12 The existing public telephones located at the northeast corner of the property shall
either be removed from the property or relocated to an area inside the convenience
sales area no later than January 31, 1996
13. There shall be no amplified music outside the building.
14 The plans as submitted shall be revised to provide a minimum of one (1) restroom
each for men and women. Each restroom shall comply with the requirements of the
Americans with Disabilities Act (ADA) The restrooms shall be located and accessed
solely from inside the building
15 The sale and/or display of pornographic material, magazines, or periodicals in areas
visible and/or accessible to the general public shall be prohibited.
16 The owner/operator of the convenience sales area shall notify the City of any intent to
sell California State Lottery tickets, prior to beginning sales in order for the Director of
Planning, Building, and Code Enforcement to review and approve the proposed
location/display of the lottery services
HOURS OF OPERATION/DELIVERIES
17 The hours of operation shall be limited as follows -
Sunday - Thursday: 5 00 a.m to 11:00 p m
Friday - Saturday* 5 00 a m to Midnight
18 With exception to the delivery of gasoline products, no deliveries are permitted to the
site between the hours of 9.00 p m to 6.00 a m daily Gasoline products may be
delivered to the site 24 hours a day, seven days a week.
Resolution No. 95-41
Page 9 of 16
BUILDING/CONSTRUCTION
19 All mechanical equipment shall be screened and/or covered so that it is not visible or
audible from adjacent residential properties. All mechanical equipment shall be located
as far as possible from adjacent residential properties. Any roof mounted equipment
shall be limited to the lowest height possible, and shall be screened in accordance with
these conditions
20 Appropriate sound insulation techniques and filters shall be utilized to minimize noise
and odors emanating from the convenience store
21. The exterior facade of the automobile service building and convenience sales area
must be resurfaced with stucco or a similar material to give the appearance that the
building is more residential in nature, subject to review and approval by the Director of
Planning, Building, and Code Enforcement. In addition, the roof of the structure shall
be painted or otherwise treated to blend in with the architecture, and reduce the
commercial appearance of the structure
TRASH ENCLOSURES/LITTER REMOVAL
22. Trash enclosures ' of a design subject to review and approval by the Director of
Planning, Building, and Code Enforcement shall be integrated into the site landscaping
and design The owner/operator shall maintain the trash cans to prevent offensive
odors and shall empty the trash cans on a regular
basis Trash cans shall be placed so as not to impair handicapped accessibility in the
following locations:
a One (1) trash can shall be placed at or near the northeastern corner of the
property (along Granvia Altamira)
b. One (1) trash can shall be placed at or near the southwestern corner of the
property (along Hawthorne Boulevard).
c One (1) trash can shall be placed at the southwestern corner of the structure
(near the auto service bays)
d One (1) trash can shall be placed at the southeastern corner of the structure
(near the corner of the convenience store area).
e. One trash can shall be placed at the entrance to the convenience store area
Two (2) additional trash cans shall be placed at appropriate intervals in the
parking lot area.
23 The landowner/operator of the automobile service station and convenience store
and/or his designee shall be required to inspect the entire property and the abutting
public parkway (curb, gutter, and sidewalk) for any stray trash and/or litter which may
have been deposited The inspections shall be conducted on a daily basis between
Resolution No. 95-41
Page 10 of 16
the hours of 3.00 - 5.00 p.m., and any said debris shall be picked up and deposited in
appropriate trash receptacles
24 The trash dumpster/refuse area enclosure on the property shall not exceed six (6) feet
in height, and shall be equipped with a gate or doors which screen the receptacles
from public or private view. The doors shall be equipped with self-closing features, and
shall be locked when not being accessed by the owner/operator for removal or deposit
of trash.
25. The landowner/operator is encouraged to work with the surrounding adjacent property
owners on Santona Drive to arrange a cooperative agreement for removing any trash
and debris which may result from the convenience store and/or other activities on the
subject property
LIGHTING
26. All exterior lighting shall be shielded and directed downwards to prevent direct
illumination of or towards adjacent properties.
27 With exception of security lighting, all interior and exterior lighting shall be turned off at
the close of business Security lighting shall be the minimum necessary to provide
safety on the subject property, and shall be subject to review and approval by the
Director of Planning, Building, and Code Enforcement.
28 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 the lighting to be excessive or intrusive on
neighboring properties
29 Motion sensors shall be placed in the rear parking area which will activate security
lighting in the event that persons access the rear parking area after business hours.
The location of the motion detectors and associated lighting shall be subject to review
and approval by the Director of Planning, Building, and Code Enforcement.
LANDSCAPING
30 Prior to submittal of plans to the Division of Building and Safety for plan check, the
owner/applicant shall submit to the City a landscape planting and irrigation plan Said
plans shall be subject to review and approval by the Director of Planning, Building, and
Code Enforcement prior to issuance of Building Permits Prior to issuance of a
Certificate of occupancy or issuance of Final Building Permits, whichever occurs first,
all landscaping and irrigation shall be installed in substantial conformance to the
approved plans The approved landscape planting and irrigation plans shall include
the following.
a A minimum of eighty (80) percent drought tolerant plant materials
b All selected trees shall be of a species that can be maintained not to exceed
sixteen (16) feet in height. A maximum of two (2) queen palms, or similar palm
Resolution No. 95-41
Page 11 of 16
species may be used as monument trees at the southeastern corner of the
property (at the intersection of Granvia Altamira and Hawthorne Boulevard).
C. The irrigation plan shall utilize drip irrigation and/or bubblers wherever possible
d. To the maximum extent possible, the landscape planting plan shall include
species sufficient to provide a buffer and screen the subject property, including
the buildings and parking lot areas, from neighboring residential properties.
e. With exception to the landscaped planting areas located at the southeastern
corner of the property (adjacent to the intersection of Hawthorne Boulevard and
Granvia Altamira) , and the area located between the two driveways on Granvia
Altamira, a minimum five (5) foot wide landscape buffer strip shall be provided
along the street frontages along Granvia Altamira and Hawthorne Boulevard
The western and northern boundaries of the property shall be landscaped with a
minimum eight (8) foot wide buffer, exclusive of any fences or walls placed at or
near the property lines.
g The square footage and configuration of the landscaped planting areas located
at the southeastern corner of the property (adjacent to the intersection of
Hawthorne Boulevard and Granvia Altamira), and the area located between the
two driveways on Granvia Altamira shall conform substantially to the plans
submitted to the City on September 29, 1994
h. Any "walkway" or otherwise accessible area located between the top of the slope
along the northern property line and fencing as required by this approval shall be
landscaped with a barrier type shrub (with thorns) to discourage pedestrian
access on the northern side of the fence. Similar landscaping material shall be
installed on the southern side of the fencing, and for a minimum length of ten (10)
feet along the western property line, near Hawthorne Boulevard.
The use of outdoor carpeting, artificial plants, or similar materials in lieu of live
plant material shall not be permitted in any of the required landscape planting
areas
FENCING
31 A six (6) foot high solid fence, concrete block wall, or chain
link fence with wooden slats shall be installed along the northern and western property
line, as close as practical to the top of the slope
32. The plans as submitted shall be revised to provide a minimum of one (1) loading zone
space If possible, the loading zone area shall be located in an area that is sufficiently
screened from view from surrounding residential properties All other parking spaces
shall be provided in accordance with the plans submitted to the City on September 29,
1994.
Resolution No 95-41
Page 12 of 16
33 Only vehicles scheduled for next day service or for pick-up after service may be parked
on the property overnight All interior service bays shall first be used for the overnight
storage of vehicles. overnight parking of vehicles out of doors shall only be permitted
when all interior parking spaces have first been utilized. Any excess vehicles parked
out of doors shall be parked either directly in front of the service bays, or along the
western property line in an area sufficiently screened from view from surrounding
residential properties
34. During operating hours, employee vehicles and vehicles awaiting service shall be
parked on-site in areas which are substantially screened from view from the public
right-of-way and neighboring residential properties
35. The renting of parking spaces (for a fee or not for a fee) for either the interior or exterior
storage of vehicles, boats, trailers, trucks, etc other than those vehicles scheduled for
next day service or for pick-up after service, shall not be permitted.
36. The rear parking lot area shall not be chained or secured.
(Condition amended by the Planning Commission on July 25, 2000).
CONSTRUCTION/STRUCTURE
37. The maximum height of the new construction shall not exceed sixteen (16) feet, as
measured pursuant to the provisions of Section 17.02.040 of the Rancho Palos Verdes
Development Code
38 All minimum setbacks shall be maintained as shown on the plans submitted to the City
on September 29, 1994.
39 Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance to the plans as submitted to the City On September 29, 1994.
40. During construction, the site shall be maintained free and clear of all trash and debris.
All construction materials shall be neatly stored in an area substantially screened from
surrounding residential properties.
41. In the event that these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter shall apply.
AUTOMOBILE SERVICE
42. All servicing of vehicles shall be conducted within the existing building. Tire
changes/repair, fuse and bulb service, oil changes, battery service, windshield wiper
replacement, and other similar minor repair services which do not require the use of
any noise emitting mechanical equipment may be conducted out of doors directly
adjacent to the existing service bays; however, no noise emitting mechanical
equipment (such as air compressors or "impact guns" used for tire changes) shall be
used out of doors.
43. There shall be no outdoor storage of inoperable or dismantled vehicles on the property
MISCELLANEOUS
44 The site and store shall be continually maintained in a neat and orderly manner and
operated as specified by this Conditional Use Permit.
45 Video and arcade games shall not be allowed.
46 With exception to minor automotive supplies (e g , windshield wipers, motor oil), and
not more than three (3) newspaper display racks, the outdoor sale and/or display of
merchandise shall not be permitted.
(Condition amended by the Planning Commission on July 25, 2000).
47. The applicant/landowner shall be required to obtain the following permits/approvals
(additional permits and/or requirements may be imposed by other agencies or City
departments) -
a Permit from the Los Angeles County Health and Sanitation Department for the
sale and preparation of food items
b Permit from the Los Angeles County Agricultural commissioner - Weights and
Measures for the registration of new property ownership, and new gasoline fuel
pumps
c Approval from the Los Angeles County Department of Public Works - Waste
Management Division for dispensing fuel and management of motor fuel waste
products
d Approval from the Los Angeles County Fire Department for the installation of new
pumps.
e. Approval from the Air Quality Management District (AQMD) for the nozzles,
Stage II vapor capture system, and any soil contamination.
MITIGATION MEASURES PURSUANT TO ENVIRONMENTAL ASSESSMENT NO. 667
48 Unless otherwise modified herein, the landowner/applicant shall comply with all
mitigation measures contained in the Mitigation Monitoring Program prepared pursuant
to the Initial Study/Mitigated Negative Declaration for Environmental Assessment No
667.
49. The landowner/applicant shall be responsible for all costs associated with the
implementation of the Mitigation Monitoring Program.
Resolution No. 95-41
Page 14 of 16
T
EXHIBIT "B"
CONDITIONS OF APPROVAL
SIGN PERMIT NO. 720 REV. "B"
28103 HAWTHORNE BOULEVARD
1. Except as otherwise noted below, all signs and sign copy shall conform
substantially to the plans submitted to the City on September 24, 1994,
and subsequently presented to the Planning Commission on July 25,
2000, and shall be installed so as not to impair traffic, visibility, or
pedestrian access. Only the following signs shall be permitted:
a) One (1) six foot maximum height monument sign at the
southeastern corner of the property, at the intersection of
Hawthorne Boulevard and Granvia Altamira
b) Two (2) "pegasus" Mobil logo signs:
1) One (1) on the eastern side of the building, facing Granvia
Altamira.
2) One (1) on the southern side of the building, facing
Hawthorne Boulevard.
c) One (1) Mobil Mart identification sign located on the southern side
of the building, facing Hawthorne Boulevard shall be permitted
d) One freestanding (1) legal price sign located at the southwestern
corner of the lot is permitted and may be used as an advertisement
sign. However, if the applicant provides full-service gasoline sales,
then the sign must be used solely as a legal price sign.
e) One (1) "snap-loc" changeable copy sign affixed to the existing light
standard at the driveway located on the southwestern side of the
property
f) Five (5) blue island fascia with logos, four island directional units,
and two marketing unit signs
g) Three (3) banners (each 2' x 9') within the service bay areas. No
banners shall be affixed to the structure's facade
h) One (1) diesel sign above one of the existing fuel dispenser.
i) Four (4) advertisement signs on the fuel dispensers.
j) Temporary window signs located on the convenience store not to
exceed 10% of the total area of the window, excluding lottery signs
(maximum: 32.5 sq.ft.). Further, the same temporary signs shall
not be displayed for a period of more than thirty (30) days
k) Permanent window signs located on the convenience store not to
exceed 5% of the total area of the window, excluding lottery signs
(maximum 1625sqft)
1) No service center sign or flags are permitted with this approval.
MAMOBIL\consignrevb doc