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On June 9, 2011, Mr. Ginter, the new architect for the project, submitted a request for a one-time, one-year .... According to the attached"letter submitted by Mr. Ginter (architect), the property owner is requesting an extension due to ..... AYES: Commissioners Emenhiser, Knight, Leon, Lewis, Tetreault, Vice Chairman Tomblin.

MEMORANDUM TO:

CHAIRMAN AND MEMBERS OF OFY}LNING ~lNING COMMISSION ~LlNING

FROM:

DEV~PMENT DIRECTOR JOEL ROJAS, COMMUNITY DEV\jPMENT DEVVPMENT

DATE:

JULY 12, 2011

SUBJECT:

CONDITIONAL USE PERMIT REVISION AND SIGN PERMIT (CASE NO. ZON2009-00469); MR. GOVANI, 27774 HAWTHORNE BLVD

(CHEVRON GAS STATION & CAR WASH). Project Manager:

So Kim, Assistant Planner

1f' ~

RECOMMENDATION Grant a one-time, one-year extension of the approval for Case No. ZON2009-00469 (Conditional Use Permit Revision and Sign Permit) for the property located at 27774 Hawthorne Blvd. (Chevron Gas Station and Car Wash), thereby setting the final expiration date as July 13, 2012, with all conditions of approval remaining in full force and effect. BACKGROUND On July 12, 2011, the Planning Commission conditionally approved a Conditional Use Permit Revision and Sign Permit application (Case No. ZON2009-00469) to allow the construction of a llExtraMile" 1,044fF2 two-story addition fora "ExtraMile" convenience store and one loading space; 27.5' tall, 1,044ft for a new UExtraMile" additional landscaping along the property lines; monument sign upgrade; installation of two "ExtraMile identification signs; and an exterior modification to an existing Chevron Gas Station and UExtraMile Car Wash facility located at 27774 Hawthorne Blvd. Pursuant to RPVMC §17.86.070(C), the 2011,, and the property owner Planning Commission's approval is valid for one-year or until July 13, 2011 is allowed until that date to submit plans to the Building & Safety Division to begin the plan check process. On June 9, 2011, Mr. Ginter, the new architect for the project, submitted a request for a one-time, one-year extension to the approval of Case No. ZON2009-00469. Pursuant to the Development Code, the extension request must be acted upon by the body that issued the final approval of the project applications. Thus, this extension request is being presented to the Planning Commission for consideration. DISCUSSION Pursuant to RPVMC §17.86.070(C), "Upon a showing of substantial hardship, delays beyond the control of the applicant or other good cause, the Planning Commission or City Council may extend this period one time for up to one additional year." Since the time extension request was filed, this project is eligible for consideration of a time extension.

1

According to the attached" letter submitted by Mr. Ginter (architect), the property owner is requesting an extension due to the difficulty securing funding to construct the approved project. The applicant describes in his attached letter that the terms of the construction loan offered by a financial institution are not financially feasible for the property owner at this time. As such, the applicant is requesting more time to pursue alternate funding sources to continue with his project. Staff believes that the reasons described in the applicant's letter are evidence of a delay beyond the control of the applicant and therefore recommends granting a one-time, one-year extension to provide sufficient time for the property owner to secure funding and submit plans to the Building & & Safety Division to initiate the plan check process.

CONCLUSION Based on the foregoing discussion, Staff recommends that the Planning Commission grant a onetime, one-year extension of Case No. ZON2009-00469 to July 13, 2012, with all conditions of approval remaining in full force and effect.

ALTERNATIVES In addition to Staff's recommendation, the following alternatives are available for consideration by the City Council: 1. Deny the time extension request for Case No. ZON2009-00469, which shall render it null and void after July 13, 2011. However, the applicant may still request administrative re-issuance of the expired project, pursuant to RPVMC §17.86.070(D).

2. Approve the time extension for a period of less than one year. ATTACHMENTS •



2011)) Time extension request (received June 9, 2011 P.C. Resolutions 2010-22 & & 2011-23

2

6rego.ryH ARCHITEC 518 Marini 'Strest~ SlItfIlIB MmICliji"'9tMOEi

June 9, 2011

So Kim, Assistant Planner City of Rancho Palos Ver s 30940 Hawthorne Boule Rancho Palos Verds, C

RE:

p.e RiSa

;ON NO. 20\0',", 2

~?774 HA

ORNE BLVD . RA

Dear Ms. Kim:

Highr:tdg~c~r~$h1:i'tld On, behalf of Shiraz Giovani, Owner of the Highr:t.:.:· dSl.·.~ G."..$.r • '

Bill Gerstner, Chairman

P.C. Resolution No. 2010-22 Page 3

8

Exhibit A Mitigation Monitoring Program Project:

Case No. ZON2009-00469 (Environmental Assessment, Conditional Use Permit Revision, and Sign Permit)

Location:

27774 Hawthorne Boulevard Rancho Palos Verdes, CA 90275

Applicant:

Efrain Olivas, representing landowner.

Landowner:

Shiraz Govani

TABLE OF CONTENTS I.

Introduction

2

Purpose Environmental Procedures Mitigation Monitoring Program Requirements

2 2 2

Management of the Mitigation Monitoring Program

3

Roles and Responsibilities Mitigation and Monitoring Program Procedures Mitigation Monitoring Operations

3 3 3

III.

Mitigation Monitoring Program Checklist

5

IV.

Mitigation Monitoring Summary Table

6

II.

Exhibit A - Page 1

Mitigation Monitoring Program Resolution No. 2010-22

9

I. INTRODUCTION

PURPOSE This Mitigation Monitoring Program (MMP) is to allow the following project at 27774 Hawthorne Boulevard, located at the southeast corner of Hawthorne Boulevard and Highridge Road, in the City of Rancho Palos Verdes: Construct a 1,044ft2 two-story addition (610ft2 ground floor & 434ft2 upper floor) to an existing Chevron gas station and car wash facility. The proposed maximum height is 27'-6", as measured from the point where the lowest foundation or slab meets finished grade, to the ridgeline or the highest point of the structure. The proposed 610ft2 610ft2 ground floor addition and a portion of the existing boutique and office will be converted to a new convenience store area ("ExtraMile"). The proposed 434ft2 upper floor will be used as an office space. The project also includes a 528ft2 528ft2 roof 2 2 deck and a 188ft trellis to the second floor; a 267ft trellis at the end of the carwash tunnel; six additional standard parking spaces and one loading space; additional landscaping along the property lines abutting Hawthorne Blvd. and Highridge Rd.; two "ExtraMile" identification signs on the new lower floor building fa9ade; fac;ade; and an exterior modification to the existing Chevron gas station and car wash facility. The MMP responds to Section 21081.6 of the Public Resources Code, which requires a lead or responsible agency that approves or carries out a project where a Mitigated Negative Declaration has identified significant 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.

the ofthe An Initial Study/Mitigated Negative Declaration was prepared to address the potential environmental impacts of 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."

Exhibit A - Page 2

Mitigation Monitoring Program Resolution No. 2010-22

10

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 final design, pre-grading, construction, and 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 Community Development Director. 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, Community Development Director shall designate a party responsible for monitoring of the mitigation measures.

2.

The City of Rancho Palos Verdes, Community Development Director 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.

Exhibit A - Page 3

Mitigation Monitoring Program Resolution No. 2010-22

11

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 March 28, 2006. 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.

Exhibit A - Page 4

Mitigation Monitoring Program Resolution No. 2010-22

12

MITIGATION MEASURES

TYPE

TIME OF IMPLEMENTATION

RESPONSIBLE ENTITY

COMPLIANCE VERIFICATION

A-1: After installation of all lighting, but prior to Issuance of Certificate of Use and Occupancy, the City will conduct an inspection of the site to ensure that all lighting shall be arranged and shielded as to prevent direct illumination of surrounding properties and to prevent distraction of drivers of vehicles on public right-of-ways. At the end of the 45-day period, the City may require additional screening or reduction in size or intensity of any light that has been determined to be excessively bright.

Operational

45-days after permit final

Property Owner / applicant

Community Development Department

A-2: With exception to security lighting, all interior and exterior lighting shall be turned off at the close of business at 10pm.

Operational

45-days after permit final

Property Owner / applicant

Community Development Department

A-3: The maximum height of the all mechanical structures shall not be higher than the highest parapet of the onestory portion of the structure. No mechanical units shall be allowed on the rooftop of the second floor.

Construction

Prior to permit final

Property Owner / applicant

Community Development Department

A-4: Prior to Certificate of Occupancy and subject to review and approval by the Community Development Director, all screening shall be installed and outdated rooftop equipment removed so that the mechanical equipment is not visually apparent from the public ri ht-of-wa s or neiahborina nei hborin orooerties. ro erties. riaht-of-wavs

Construction

Prior to permit final

Property Owner / applicant

Community Development Department

Construction

Prior to permit final

Property Owner / applicant.

Community Development Department

Construction

Prior to permit final

Property Owner / applicant.

Community Development Department

TC-1: Driveway #1 (west) on Hawthorne Blvd. shall The be maintained as an entrance and exit. remaining two driveways (east) on Hawthorne Blvd. shall be maintained as "exit onlv". onl ". TC-2: Prior to issuance of Certificate of Occupancy and subject to review and approval by the Community Development Director, new directional arrows shall be added along the ground adjacent to the fuel pumps. Specifically, both sides of the fuel island closest to Highridge Road shall include directional arrows leading from Hawthorne Blvd. to Highridge Road (north to south). Both sides of the fuel island located close to the existing structure shall include directional arrows leading from Highridge Road to Hawthorne Blvd (south south to north), north .

13

A - Page 5 Exhibit A

Mitigation Monitoring Program Resolution No. 2010-22

MITIGATION MEASURES

TC-3: Prior to issuance of Certificate of Occupancy and subject to review and approval by the Community Development Director, the two proposed parking spaces adjacent to the existing trash enclosure, located behind the vacuum pump lanes shall be designated as "emolovee onlv".

TYPE

TIME OF IMPLEMENTATION

RESPONSIBLE ENTITY

COMPLIANCE VERIFICATION

Construction

Prior to permit final

Property Owner I applicant.

Community Development Department

14

Exhibit A - Page 6

Mitigation Monitoring Program Resolution No. 2010-22

2010..23 P.C. RESOLUTION NO. 2010-23 A .RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A CONDITIONAL USE PERMIT 1,044FT2 REVISION AND A SIGN PERMIT, TO CONSTRUCT A 27'..6" 27'-6" TALL, 1,044FP TWO-STORY ADDITION (610FT2 434FT2 UPPER (610FP GROUND FLOOR & 434FP FLOOR) FOR A NEW "EXTRAMILE" CONVENIENCE STORE AND AN OFFICE; SIX ADDITIONAL STANDARD PARKING SPACES AND ONE LOADING SPACE; ADDITIONAL LANDSCAPING ALONG THE PROPERTY LINES; UPGRADING THE EXISTING MONUMENT SIGN; TWO "EXTRAMILE" IDENTIFICATION SIGNS; AND AN EXTERIOR MODIFICATION TO AN EXISTING CHEVRON GAS STATION AND CAR WASH FACILITY LOCATED AT 27774 HAWTHORNE BOULEVARD. WHEREAS, on November 23, 1999, the Planning Commission adopted Planning Commission Resolution No. 99-42, approving Conditional Use Permit (CUP) No. 208, allowing the sale of non-automotive items and an Automated Teller Machine (ATM) within the 407ft2 cashier area of the existing car wash building. As part of the condition of approval, a 3-month review to assess the applicant's compliance of the conditions was required; and, WHEREAS, on February 23, 2001, the Planning Commission reviewed the applicant's compliance with the conditions of approval and received and filed the report (7-0) via minute order; and, WHEREAS, on November 25, 2009, the applicant submitted a revision to Conditional Use Permit No. 208, Sign Permit, and Environmental Assessment, a request to demolish an existing patio area and constructing a new two-story structure in its place, consisting of a ("ExtraMile") at the lower floor and an office on the upper floor. The request convenience store CIExtraMile") also includes conversion of the existing boutique and office into a convenience store ("ExtraMile"); and, WHEREAS, on December 18, 2009, the project was deemed incomplete based on missing information; and, WHEREAS, on May 4, 2010, the project was deemed complete after subsequent reviews; and, WHEREAS, a notice was published on May 27, 2010, pursuant to the requirements of the Rancho Palos Verdes Development Code; 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, City's Local CEQA California Code of Regulations, Title 14, Section 15000 et. seq., the City'S 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 with appropriate mitigation, there is no substantial evidence that the approval of ZON2009-00469 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,

P.C. Resolution No. 2010-23 Page 1

15

WHEREAS, on June 22, 2010, the Planning Commission continued the proposed project to July 13, 2010 meeting, in order to allow the applicant to redesign the project to address the concerns expressed by the Planning Commission; and. WHEREAS, on July 13, 2010, the Planning Commission held a duly noticed public hearing, at which time 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 the proposed project is to construct a 1,044ft2 two-story addition (610ft (610fF ground floor & 434ft2 upper floor) to an existing Chevron gas station and car wash facility. The proposed maximum height is 27'-6", as measured from the point where the lowest foundation or slab meets finished grade, to the ridgeline or the highest point of the structure. The proposed 610ft2 ground floor addition and a portion of the existing boutique and office will be converted to a new convenience store area ("ExtraMile"). C'ExtraMile"). The proposed 434ft2 upper floor will be used as an office space, located above the existing car wash tunnel. The proposed upper floor will also include a 528ft2 balcony. The project also includes six additional standard parking spaces and one loading space; additional landscaping along the property lines abutting Hawthorne Blvd. and Highridge Rd.; upgrading the existing monument sign to include the "ExtraMile" convenience store; two "ExtraMile "ExtraMile" identification signs on the new upper floor fa
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