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PC RES 2001-010P.C. RESOLUTION NO. 2001-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING CONDITIONAL USE PERMIT NO. 211, VARIANCE NO 468 AND GRADING PERMIT NO. 2202 FOR A PROPOSED 59,968 -SQUARE -FOOT, 23 -FOOT -TALL SELF -STORAGE FACILITY, LOCATED AT 28798 WESTERN AVENUE WHEREAS, on January 6, 2000, the applicant, Instorage, Inc, submitted applications for Conditional Use Permit No 211, Variance No 468, Grading Permit No 2202 and Environmental Assessment No 716 to allow the development of a 70,812 - square -foot, 3 -story self -storage facility on a 22,000 -square -foot lot on Western Avenue, and, WHEREAS, on March 2, 2001, the applications were revised to propose a 59,968 - square -foot, 2 -story self -storage facility, and the revised applications were deemed complete by Staff; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et, seq ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, 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 there is no substantial evidence that the approval of Conditional Use Permit No 211, Variance No 468 and Grading Permit No 2202 as mitigated would result in a significant adverse effect upon the environment and, therefore, a Mitigated Negative Declaration has been prepared and notice of same was given in the manner required by law; and, WHEREAS, after notice issued 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 May 8, 2001, at which time all interested parties were given an opportunity to be heard and present evidence, and, WHEREAS, the Planning Commission of the City of Rancho Palos Verdes has adopted P C Resolution No 2001-_, adopting a Mitigated Negative Declaration for this project prior to taking action on the application for Conditional Use Permit No 211, Variance No 468 and Grading Permit No 2202 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS Section 1: The Planning Commission makes the following findings of fact with respect to the application for Conditional Use Permit No 211 for the 23 -foot -tall, 59,968 - square -foot self -storage facility- A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by the Development Code or by conditions imposed to integrate said use with those on adjacent land and within the neighborhood because the proposed structure has been designed to fit on to this constrained site while still providing adequate parking to support the use In addition, through the environmental review process, a number of conditions and mitigation measures have been identified that will ensure that the project is well integrated with surrounding land uses B The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use because the nine (9) oversized parking spaces and 500 -square -foot loading area are adequate to support the proposed use The traffic study for the project, which was reviewed and endorsed by the City's Traffic Committee, demonstrated that the proposed project would not add significant additional traffic in the immediate area The study did identify concerns about the accessibility of the site to large, tractor trailer -type moving vans Therefore, the approval of the project will include a restriction on u - turns on Western Avenue for vehicles over twenty-six feet (26'0") in length, and the applicant has agreed that the terms of the lease agreements for the storage spaces will prohibit the use of vehicles over the 26 -foot limit. C In approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof because many of the environmental effects of the project are related to the construction of the project, such as noise and air quality, which can be mitigated by appropriate conditions of approval The aesthetics of the property were identified as the most significant impact of this project, specifically, potential view impairment and incompatible bulk and mass In response to these concerns, the applicant modifed the project by eliminating the third floor of above -ground storage, which reduced the height of the structure by ten feet (10'0") and also reduced the apparent bulk and mass of the structure by one-third Based upon the modified project, the Planning Commission finds that the aesthetic impacts of the project will be less than significant. D The proposed use is not contrary to the General Plan because the General Plan contains a number of goals and policies that acknowledge the need for commercial development and the provision of goods and services for the City's residents, while simultaneously calling upon the City to balance these community needs with the preservation of the quality of the City's residential neighborhoods The subject property is designated Commercial -Retail in the City's General Plan, which states that "[commercial] uses tend to have environmental impacts unless they are small in scale and very carefully designed" The proposed use of the subject property is consistent with this land use designation The Planning Commission further believes that the careful design resulting from the project modifications made by the P C Resolution No 2001-10 Page 2 of 13 applicant—along with the conditions and mitigation measures identified in the draft MND—ensure the implementation of the applicable General Plan goals and policies E. The required finding that, if the site of the proposed use is within any of the overlay control districts established by RPVDC Chapter 17.40 (Overlay Control Districts), the proposed use complies with all applicable requirements of that chapter, is not applicable to the proposed project because the subject property is not located within any of the overlay control districts established by RPVDC Chapter 17 40 F. Conditions regarding any of the requirements listed in this paragraph, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed, including but nor limited to: setbacks and buffers; fences or walls, lighting, vehicular ingress and egress, noise, vibration, odors and similar emissions; landscaping; maintenance of structures, grounds or signs; service roads or alleys; and such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in the City's Development Code. Section 2: The Planning Commission makes the following findings of fact with respect to the application for Variance No 468 for reduced setbacks, reduced landscape area and increased lot coverage: A 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 because the property is only one-quarter of the 2 -acre lot size standard for the CG district and is shallower than the standard 150 -foot lot depth for the CG disctrict. B. Such 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 because the small size and odd, trapezoidal shape of the lot severely limit its development potential if the 20 -foot setback and 50 -percent lot coverage standards are strictly applied, while larger, more regularly -shaped properties in the CG zoning district are more readily able to comply with these standards C. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located because the reduced rear and site setbacks and increased lot coverage will be offset by the buffer provide by the existing street and common open areas, and by the enhancements to the common area landscaping to be provided by the developer The front setback reduction will allow the single -story office area to be PC Resolution No. 2001-10 Page 3 of 13 located closer to the property line, which provides articulation and a sense of pedestrian scale that breaks up the bulk and mass of the building. D. Granting the variance will not be contrary to the objectives of the General Plan for the reasons described under Finding 1.D. above. The subject property is not located within the City's Coastal Specific Plan district. Section 3: The Planning Commission makes the following findings of fact with respect to the application for Grading Permit No. 2202 for the 13,847 cubic yards of grading associated with the project A. The grading does not exceed that which is necessary for the permitted primary use of the lot the vast majority of the proposed grading occurs within the building footprint and is in direct support of the construction of the subterranean levels of the self -storage facility, which is integral to the project B. The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties because the proposed grading allows nearly two-thirds of the proposed structure to be below grade, where it will have no view impacts upon neighboring properties. As discussed under Finding 1.C. above, the 2 -story above -ground portion of the building will not have significant view or aesthetic impacts on surrounding residences C The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural because the existing "natural" contours, which are the result of the development of the site as a gas station in the last 1960's, will be restored after the proposed grading and construction is complete. D The required finding that the grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography, is not applicable to the proposed project. E. The required finding that, for new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as defined in Chapter 17 02 (Single-family Residential Districts), is not applicable to the proposed project F. The required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas, is not applicable to the proposed project PC Resolution No 2001-10 Page 4 of 13 G The required finding that the grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside, is not applicable to the proposed project. H The required finding that the grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation is not applicable to the proposed project because there is no such landscape or habitat present on the site. The proposed grading conforms to the City's standards for finished slopes, depth of cut for basements, retaining wall height and driveway slopes, as summarized in Section 17.76.040(E)(9) of the Development Code. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.60.060, 17 64 060 and 17.76.040(H) 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 May 8, 2001, the date of the Planning Commission's final action Section 5: 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. 211, Variance No. 468 and Grading Permit No. 2202, thereby allowing the construction of a proposed 59,968 -square -foot, 23 -foot -tall self -storage facility, located at 28798 Western Avenue, subject to the 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 PC Resolution No 2001-10 Page 5 of 13 FWT-�p AYES Chairman Lyon, Vice Chairman Clark, Commissioners(Cartwtight, Long, Mueller, Paulson and Vannorsdall NOES' none ABSTENTIONS: none ABSENT: none jx W"Wi" Frank Lyon Chairman J041 ROJS, AICP Dir &,c!Joof Plannin ilding and Code Enforcement, and, Secretary to the Planning Commission P.C. Resolution No 2001-10 Page 6 of 13 General - �J EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 211, VARIANCE NO. 468 AND GRADING PERMIT NO. 2202 (28798 Western Avenue) Within ninety (90) days following adoption of this Resolution, the applicant and the 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 Resolution. Failure to provide said written statement shall render this approval null and void. 2 This approval is for the construction of a 59,968 -square -foot, 23 -foot -tall self -storage facility with nine (9) oversized off-street parking spaces and a 500 -square -foot loading zone on a 22,000 -square -foot lot at 28798 Western Avenue. The maximum height of the new structure shall be twenty-three feet (23'0") above finished grade The construction of the two subterranean levels of the building involves 13,847 cubic yards of grading and a maximum 20 -foot -deep cut. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change shall require approval of an amendment to Conditional Use Permit No 211, Variance No. 468 and/or Grading Permit No. 2202 by the Planning Commission and may require a new and separate environmental review. 3 All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the CG district development standards of the City's Municipal Code 4. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter 5. If the approved project has not been established (i e , building permits obtained) within one (1) year of the effective date of this Resolution, or if construction has not been commenced within one hundred eighty (180) days of the issuance of building permits, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Planning Commission P.C. Resolution No 2001-10 Page 7 of 13 Otherwise, a conditional use permit, variance and grading permit revision must be approved prior to further development 6 In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 7 Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED with the effective date of this action 8 The project developer shall obtain the necessary CUP and variances from the City of Rancho Palos Verdes to allow for the construction of the project before the project is issued a building permit. Within six (6) months of the issuance of a certificate of occupancy for the structure, the Planning Commission shall conduct a duly -noticed public hearing to review the project for compliance with the conditions of approval and mitigation measures [Mitigation Measure LU -1] Conditional Use Permit No 211 9. The maximum size of the approved project shall be 59,968 square feet, consisting of 44,871 square feet of leasable storage area 14,157 square feet of hallways, stairs, elevators and other common public areas 940 square feet of office/retail area STRUCTURE SIZE CERTIFICATION REQUIRED PRIOR TO BUILDING PERMIT FINAL. 10. The maximum height for the 2 -story portion of the building shall be twenty-three feet (23'0") above the finished pad elevation (53 65'), or 76 65'. The maximum height for the 1 -story portion of the building shall be fifteen feet (15'0") above the finished pad elevation (53 65'), or 68 65' BUILDING HEIGHT CERTIFICATION REQUIRED. 11. No on-site living quarters are permitted as a part of this approval 12. The permitted hours of operation for access to the storage facility are 7.00 AM to 7 00 PM daily. 13 The storage of hazardous materials is not permitted on this site, nor is there to be any outdoor storage of materials. These restrictions shall be included in all leases. P C. Resolution No. 2001-10 Page 8 of 13 14 The project parking lot shall be swept on a regular basis. In accordance with the City's Development Code, the parking lot shall only be swept between 7:00 AM and 7 00 PM on Monday through Saturday. No parking lot sweeping shall occur on holidays or on Sundays [Mitigation Measure W-3] 15. The City, with the concurrence of CALTRANS, shall place signs on the median at the intersection of Western Avenue and Caddington Avenue prohibiting a u -turn at this intersection for trucks 26 feet or longer. The project proponent shall be responsible for the costs of said signs and the encroachment permit from CALTRANS [Mitigation Measure T-2] 16. The project proponent shall place appropriate signage in the project parking lot which prohibits vehicles 26 feet or longer from parking on site. Written instructions shall also be provided to project personnel to prohibit the use of the parking lot by these vehicles, and shall be included with the leases for all storage space. [Mitigation Measure T-3] 17. The use of security cameras and motion detector systems is required to help protect the storage facility. Cameras and motion detector systems shall be installed and located so as not to infringe upon the privacy of adjacent residences. [Mitigation Measure PS -1] 18. The project plans shall include barrier walls, up to six feet (60") tall and meeting City standards, between Western Avenue and the north side of the storage facility and between the storage facility and Western Avenue along the Tollhouse Court greenbelt [Mitigation Measure PS -2] 19 Access to the storage facility roof shall be restricted to the facility manager and roof maintenance personnel only. No roof -mounted mechanical equipment is permitted [Mitigation Measure PS -3] 20. The project applicant shall submit final renderings of the project to the City's Director of Planning, Building and Code Enforcement for review and approval prior to issuance of the project Building Permit. [Mitigation Measure AS -1] 21 The project applicant shall submit a landscape plan for the project to the City's Director of Planning, Building and Code Enforcement for review and approval prior to issuance of the project Building Permit. The plan shall include fast growing vines on the east wall of the storage facility [Mitigation Measure AS -2] 22 The project applicant shall submit a lighting plan for approval by the Director of Planning, Budding and Code Enforcement prior to issuance of the project Building P.C. Resolution No 2001-10 Page 9 of 13 Permit. Said plan shall be consistent with Section 17 56 040 of the Development Code (Outdoor lighting for nonresidential uses) [Mitigation Measure AS -31 23 The project developer shall contact the President of the Strathmore Townhomes Homeowners Association to discuss the color of the proposed storage facility A letter shall be sent from the Association's President to the City's Director of Planning, Building and Code Enforcement stating that they agree with the proposed color of the storage facility, or suggest another color the facility could be painted The Director of Planning, Building and Code Enforcement shall determine what color the facility shall be painted [Mitigation Measure AS -4] 24 The project developer's arborist shall consult with the Strathmore arborist on the trees that should be removed from the Strathmore greenbelt area and the best way to protect other existing trees in the greenbelt area The arborists shall meet and agree on the trees to be replaced and devise a plan to protect the remaining trees before any construction activities begin on the project site [Mitigation Measure B-1] 25 All tree removal on the project site shall take place under the supervision of the project arborist. All tree removal on the Strathmore greenbelt area shall take place under the supervision of the Strathmore arborist, with the project developer to pay for all time spent by the Strathmore arborist's involvement in the planning for and tree removal on the Strathmore greenbelt area [Mitigation Measure B-2] 26 The project developer shall be responsible for removing the trees on the project site and in the Strathmore greenbelt area that are in the way of constructing the storage facility foundation and other project improvements The project developer shall also be responsible for planting three 15 -gallon trees for every tree that is removed from the Strathmore greenbelt in a location approved by the Strathmore arborist. The species of the trees to be planted shall be determined by the Strathmore arborist. [Mitigation Measure B-3] 27 The project developer shall transplant the three Queen Palms on the project site to the landscaped area to be developed as part of the project or move the palms to another site location [Mitigation Measure B-4] 28 The project arborist shall prepare a plan for pruning any tree limbs of tress that hang over the project site from trees growing in the Strathmore greenbelt. The plan shall be approved by the Strathmore arborist. The tree pruning plan shall be prepared and approved before the City issues the project a Building Permit. All limb pruning shall be done under the supervision of the project and Strathmore arborist. [Mitigation Measure B-5] P C Resolution No 2001-10 Page 10 of 13 29 The project proponent shall obtain a sign permit for all on-site signage Said signage shall comply with the standards of'the Development Code Variance No. 468. 30 The approved project shall conform to the following minimum setbacks Front: 5' Rear 0 75' Sides 0 42' BUILDING SETBACK CERTIFICATION REQUIRED. 31 The site coverage for the project shall be as follows Building footprint: Driveway/Parking areas Total Lot Coverage Landscaping Grading Permit No. 2209. 11,784 SF 8,416 SF 20,200 SF (91 8%) 1,800 SF (8.2%) 32 The grading approved by this permit consists of 13,842 cubic yards of cut and 5 cubic yards of fill The maximum depth of cut is twenty feet (20'0") for the two basement levels of the building The maximum depth of fill is less than one foot. 33 The applicant shall furnish the City with copies of landfill receipts for the approved export of 13,837 cubic yards of material prior to Building Permit final 34 The City's Geotechnical Engineer and Building Official shall review and approve the geotechnical report prepared for the project prior to issuance of project grading or building permits [Mitigation Measure G-11] 35 The project applicant will implement all of the recommendations in the project geotechnical report. [Mitigation Measure G-2] 36 Subject to review and approval of the City Engineer and the City's Director of Planning, Building and Code Enforcement, the project developer shall submit a drainage plan prior to the issuance of grading permits which shows the on site and off site stormwater conveyance systems that will be constructed by the project proponent for the purpose of safely conveying stormwater off of the project site These drainage structures shall be designed in accordance with the most current standards and criteria of the City Engineer and Los Angeles County Department of P C Resolution No 2001-10 Page 11 of 13 Public Works (LACDPW) to ensure that adequate drainage capacity is maintained [Mitigation Measure W-1] 37 In accordance with the Clean Water Act, the project proponent shall coordinate with the Regional Water Quality Control Board (RWQCB) regarding the requirements of the Clean Water Act and the project proponent will obtain a National Pollutant Discharge Elimination System (NPDES) permit, if such a permit is required by the RWQC [Mitigation Measure W-2] 38 Prior to the issuance of grading permits, the applicant shall demonstrate to the Director of Planning, Building and Code Enforcement that dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code Requirements which require watering for the control of dust. [Mitigation Measure AQ -1] 39 During construction, all grading activities shall cease during periods of high winds (i e , greater than 30 MPH) To assure compliance with this measure, grading activities are subject to periodic inspections by City staff [Mitigation Measure AQ -2] 40 Construction equipment shall be kept in proper operating conditions [Mitigation Measure AQ -3] 41 All project construction equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts is generated [Mitigation Measure N-3] 42 The project developer shall prepare a haul route plan for trucks hauling spoils from the project site to where this material will be disposed The plan shall be approved by the City's Director of Public Works before the City issues the project a grading permit. [Mitigation Measure T-1] 43 Haul routes used to transport soil exported from the project site shall be approved by the City's Director of Public Works to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations [Mitigation Measure N-5] 44 The applicant shall comply with the City's of Rancho Palos Verdes noise guidelines Construction activities shall be limited to the hours of 7 00 AM and 7 00 PM Monday through Saturday, with no construction activities allowed on Sunday and holidays [Mitigation Measure N-1] 45 The project shall utilize construction insulating features during construction Measure N-2] equipment equipped with standard noise to reduce source noise levels [Mitigation P C Resolution No 2001-10 Page 12 of 13 f 46 A construction relations officer shall be appointed by the project applicant to act as a liaison with neighbors and residents and commercial tenants within close proximity to the project site to address potential concerns related to project construction activities [Mitigation Measure N-4] 47 Prior to project approval by the City, and subject to the review and approval of the City Director of Planning, Building and Code Enforcement, the project proponent shall show evidence that they have received confirmation from the California Water Service Company that they have facilities to serve the proposed project. [Mitigation Measure US -2] 48 All new project electrical lines shall be placed underground [Mitigation Measure US -1] 49 The City shall ensure that construction plans and specifications for the proposed storage facility project shall include the following interior water conservation measures for the following plumbing devices and appliances • Install one -and -one-half gallon, ultra-low flush toilets • Reduce water pressure to 50 pounds per square inch or less by means of a pressure -reducing valve [Mitigation Measure US -3] 50 Landscaping and irrigation plans for open space areas shall be submitted by the project developer and approved by the City's Director of the Planning, Building and Code Enforcement, prior to the issuance of grading permits These plans shall incorporate, at a minimum, the following water conservation measures • Extensive use of native plant materials • Low water -demand plants • Minimum use of lawn or, when used, installation of warm season grasses • Grouped plants of similar water demand to reduce over -irrigation of low water demand plants • Extensive use of mulch in all landscaped areas to improve the soil's water - holding capacity • Drip irrigation, soil moisture sensors and automatic irrigation systems • Use of reclaimed wastewater, stored rainwater or gray water for irrigation in areas that are not playgrounds [Mitigation Measure US -4] M:\Projects\CUP 211—VAR 468—GR 2202_EA 716 (Instorage)\PC Resolution 2001-10.doc PC Resolution No 2001-10 Page 13 of 13