PC RES 2006-045 P.C. RESOLUTION NO. 006-45
RESOLUTION F THE PLANNING I I THE CITY OF
RANCHO PALPALOS VERDES PP VI CASE NOS. SUB2005-00007
AND Z 2004-00232 (LOT LINE ADJUSTMENT, C N ITI NAL USE
PERMIT REVISION AND GRADINGAPPROVAL) 53-SPACE
PARKING LOT AND 3,954 CUBIC YARDS OF RELATED GRADING,
PENINSULA COMMUNITY CHURCH, LOCATED T 5640 CRESTRIDGE
ROAD
WHEREAS, on January 25, 1977, Conditional Use Permit No. 21 and Variance
No. 12 were approved, and a Negative Declaration was certified by the Planning
Commission for the construction of a sanctuary for an existing religious facility (then
Peninsula Baptist Church) at 5640 Crestridge Road; and,
WHEREAS, on May 7, 2004, Peninsula Community Church submitted an
application for a grading approval and a revision to Conditional Use Permit No. 21 (Case
No. .ZON2004-00232) to allow the development of a 53-space parking lot on an abutting
0.54-acre vacant parcel owned by the church; and,
WHEREAS,on October 26,2005, Peninsula Community Church submitted a related
application for a lot line adjustment to merge the 0.54-acre vacant parcel with the 3.12-acre
main church campus; and,
WHEREAS, on March 29, 2006, the applications were deemed complete for
processing 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 Regulation, 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
with appropriate mitigation,there is no substantial evidence that the approval of Case Nos.
SUB2005-00007 and ZON2004-00232 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, the Planning Commission held a duly noticed public hearing
on August 22, 2006, 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: The Planning Commission makes the following findings of fact with
respect to the request for a Lot Line Adjustment to merge a 0.54-acre vacant parcel with
the 3.12-acre main church campus:
A. The merger of the two (2) parcels results in a 3.66-acre parcel that is consistent with
the development standards of the I (Institutional) zoning district, pursuant to
Sections 16.08.010 and 17.26.40 of the Rancho Palos Verdes Municipal Code.
Section : The Planning Commission makes the following findings of fact with
respect to the request for a revision to Conditional Use Permit No. 21 for the development
of an additional 53-space parking lot for Peninsula Community Church:
A. The site for the intended use is adequate in size and shape to accommodate said
use. With the improvement of the proposed parking lot, the overall area of the
Peninsula Community Church campus will be 3.66 acres. The parking lot has been
designed to fit within the vacant triangular area at the west end of the site and still
provide a parking lot that meets minimum requirements for parking space size,drive
aisle widths and landscaping. Other site improvements such as the new access
stairs and play equipment are located outside of any required setback areas. A
landscaped buffer will be provided between the new parking lot and the abutting
upslope residences on Mistridge ®rive.
B. The site for the proposed use relates to streets and highways properly designed to
carry the type and quantity of traffic generated by the subject use. The new parking
lot would be accessed directly from Crestridge Road. The proposed parking lot will
not generate additional traffic, but will instead serve to increase the amount of off-
street parking for Peninsula Community Church and, through an existing joint-use
parking agreement,for the other houses of worship and institutional uses along this
segment of Crestridge Road. This will serve to reduce the demand for on-street
parking and the associated traffic congestion during peak-use periods.
C. There will be no significant adverse effect on adjacent property or permitted uses.
The proposed project involves a significant quantity of grading to re-contour the
triangular parcel and develop a 35-space parking lot. There could be construction-
related impacts in terms of noise and air quality issues, and operational impacts in
terms of noise (both vehicular and human) and light and glare from the proposed
parking lot lighting. Parking lot landscaping also poses the potential to grow tall
enough to affect views from some residences on Mistridge ®rive. Therefore, the
imposition of a number of conditions of approval upon the project include (but are
not limited to)requiring complete geotechnical analysis of the proposed grading and
retaining walls prior to building permit issuance; imposing City and regional
restrictions upon fugitive dust control and construction vehicle emissions; limiting
construction hours, and the hours for the use of the parking lots for church-related
recreational activities; and limiting illumination levels and height of all light fixtures,
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requiring the use of downcast lighting fixtures, and requiring the maintenance of
parking lot landscaping in accordance with City view restoration and preservation
regulations.
D. The proposed use is not contrary to the General Plan. The General Plan land use
designation of the subject property is Institutional. The General Plan (p. 197)
describes the institutional area along Crestridge Road as having "generally
moderate physical constraints" and being "centrally located in the Peninsula." It
goes on to state that"[institutional] uses exist in the area, and the intent is to provide
for a complex of future such uses, rather than allowing them to scatter throughout
the community, where they are sometimes incompatible with other uses." The
discussion of religious uses in the Urban Environment Element (p. 92) states that
"[the General] Plan designates an area for religious and other activities, centrally
located,with good access, and buffered from residential neighborhoods. This area,
between Crestridge Road and Indian Peak Road, is also appropriate for other united
institutional, cultural and recreational activities." Furthermore, Institutional Activity
Policy No. 6 (p. 93) calls upon the City to "[review] the location and site deign of
future institutional uses very carefully to ensure their compatibility with adjacent
sites." The proposed project does not constitute a new institutional use, but provide
additional off-street-parking in support of an existing use. This will tend to lessen
the adverse impacts and improve the compatibility of the existing church with
surrounding uses.
E. The project site is not located within any of the overlay control districts established
by Chapter 17.40 (Overlay Control Districts) of Title 17, so there is no need to
ensure that the proposed use complies with the requirements of that chapter.
F. Conditions have been imposed to protect the health, safety and general welfare,
which includes setbacks and buffers, landscaping, maintenance of foliage, and
other conditions, as identified in Exhibit 'A' attached hereto.
Section 3: The Planning Commission makes the following findings of fact with
respect to the request for a Grading Approval for 3,954 cubic yards of grading and
maximum 6-foot-tall up- and downslope retaining walls associated with the proposed
parking lot:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. Based upon the underlying I zoning designation, the primary permitted
use of the property is for institutional uses, including related uses such as off-street
parking facilities. The proposed grading is to create additional off-street parking in
support of the existing Peninsula Community Church, which is under-parked
pursuant to the City's approval of Variance No. 12 in 1977. The grading would
create an additional parking lot that provides and balances maximum slopes for
handicapped-accessible parking and drainage (i.e., 1-2% slope) with minimum
P.C. Resolution No. 2006-45
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slopes for driveways (4-10% slope). A small amount of off-site grading would occur
at the toe of the slope along the access driveway, but the applicant has obtained
permission for this grading from affected property owners.
B. The proposed grading and/or related construction does not significantly adversely
affect the visual relationships with nor the views from the "viewing area" of
neighboring properties. The proposed grading would lower the westerly portion of
the triangular parcel a maximum of five feet(5'-0)and raise the easterly portion near
the existing church buildings a maximum of ten feet(10'-0")to create the parking lot.
In the area of greatest fill, the parking lot surface would still be approximately
twenty-five (25) to thirty (30) feet below the building pad elevations of the nearest
abutting residences overlooking the site. The proposed retaining walls near the toe
of the slope would face away from the abutting residences. As such, the grading
and retaining wall will not have visual impacts upon neighboring properties. Most of
the proposed lighting fixtures in the new parking lot will be 42-inch-tall bollards,
which will have no effect upon views. There will be three (3) 16-foot-tall
freestanding light fixtures in the new parking lot, but the tops of these fixtures will be
at or below the pad elevations of the nearest abutting residences overlooking the
site. The tops of the eight (8) replacement freestanding fixtures in the existing
parking lot will be approximately forty (40) feet below the pad elevations of the
nearest abutting residences overlooking the site.
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. The existing "natural' contours of the
project site are largely the result of past mass grading for the development of the
church and the abutting residential neighborhood in the mid-1960s. Only a small
amount of grading at the toe of the existing rear slope along the rear property line
will be conducted.
D. 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. As mentioned above,the existing
"natural' contours of the project site are largely the result of human alteration in the
past. There are no significant natural topographic features that would be disturbed
by the proposed grading.
E. The proposed project is not a new single-family residence, so the required finding
that the grading and/or related construction is compatible with the immediate
neighborhood character is not applicable in this case.
F. The proposed project is not a new residential tract, so the required finding that 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 in this case.
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G. The proposed project does not involve modifications to streets or other public
infrastructure, 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 in this case.
H. There is no evidence of natural landscape or wildlife habitat on the subject property,
which is a developed lot in an established single-family neighborhood, so 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 in this case.
I, The grading conforms to certain City standards for grading on slopes, creation of
new slopes, heights of retaining walls, and maximum driveway steepness.
Specifically, new slopes will not exceed 35-percent steepness;the maximum depth
of cut is less than five feet (5'-0"); only one 6-foot-tall upslope retaining wall is
proposed; and the maximum driveway slope will not exceed 20-percent steepness.
J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development
Code, the proposed 10-foot depth of fill is reasonable and necessary to correct
previous grading and to allow the parking lot to maintain the necessary minimum
gradient for handicapped accessibility and drainage.
K. Deviations from certain City standards for grading on slopes and the height of
downslope retaining walls are warranted. Specifically, minor off-site grading will
occur at the toe of an existing 50% ascending slope at the rear of the property, and
a downslope retaining wall in excess of three feet six inches (3'-6") in height is
proposed. These deviations are warranted because:
L The criteria of subsections (E)(1) through (E)(8) of RPVDC Section
17.76.040(E) are satisfied.
ii. The approval is consistent with the purposes set forth in subsection A of the
City's grading regulations, which stated purpose is to "[permit] reasonable
development of land..."; to "[ensure] that the development of each parcel of
land...occurs in a manner harmonious with adjacent lands..."; and to
"[ensure] that each project complies with the goals and polices of the
General Plan...." The proposed grading and retaining walls are consistent
with these purposes because it will allow an adequate flat area to create the
new parking and access driveway, and will be consistent with the Institutional
land use designation for the area.
iii. Departure from the standards in subsection (E)(9)will not constitute a grant
of special privileges inconsistent with the limitations upon other properties in
the vicinity. The off-site grading at the toe of the rear slope is minor in scope,
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affecting only about six(6) properties. Were it not for its location at the toe of
a 50-percent slope, it would qualify as minor grading. The downslope
retaining wall at the front of the property varies in height, with a maximum
height of six feet (6-0"). Many potions of the wall comply with the 3Y2-foot
standard. In addition, berms and landscaping in front of the downslope wall
will help to reduce its apparent height. The portion of the site where parking
lot will be built is also an odd, triangular shape, which is not typical of the
other lots in the immediate vicinity.
iv. Departure from the standards of subsection (E)(9)will not be detrimental to
the public safety nor to other property. The applicant will be required to
obtain a building permit for the proposed grading, subject to the review of the
City's Building Official and geotechnical consultant. The applicant has also
obtained consent from the affected abutting property owners for the off-site
grading associated with the access driveway between the new and existing
parking lots.
Section 4® Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.60.060,
17.76.040(H) and 17.80.070(A) of the Rancho Palos Verdes Municipal Code, any such
appeal must be filed with the City, in writing, setting forth the grounds of the appeal and
any specific actions requested by the appellant, and accompanied by the appropriate
appeal fee, no later than fifteen (15) days following August 22, 2006, the date of the
Planning Commission's final action.
Section 5s For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approves Case Nos. SUB2005-00007 and ZON2004-00232 for a Lot
Line Adjustment, Conditional Use Permit Revision and Grading Approval, subject to the
conditions of approval contained in the attached Exhibit `A', attached hereto and made a
part hereof, which are necessary to protect the public health, safety, and welfare.
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PASSED, APPROVED, AND ADOPTED this22"d day of August 2006, by the following
vote:
AYES: Commissioners Karp, Lewis, Perestam and Ruttenberg, Vice
Chairman Gerstner and Chairman Knight
NOES: none
ABSTENTIONS: none
ABSENT; Commissioner Tetreault
Jinigh
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JoelLodl
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andEnforcrn t; and,
Secto the Planning Commission
P.C. Resolution No. 2006-45
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EXHIBITW
CONDITIONS OF APPROVAL FOR
PLANNING CASE NOS. SUB2005-00007 &ZON2004-00232
(Peninsula Community Church, 5640 Crestridge Road)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, 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 within ninety (90) days
following date of this approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified,all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
& This approval is for the merger of a 0.54-acre vacant parcel with the 3.12-acre main
church campus for the development of a 53-space parking lot and 3,954 cubic yards
of related grading. 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 to the project shall require approval of a revision
to the lot line adjustment, conditional use permit and/or grading approval by the
Planning Commission and shall require new and separate environmental review.
4. 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 I district
development standards of the City's Municipal Code.
5. 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.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
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 Director.
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Otherwise, a lot line adjustment, conditional use permit and/or grading approval
revision must be approved prior to further development.
7. 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.
8. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of this Resolution.
9. The construction site and adjacent public and private properties and streets shall be
kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
Lot Line Adiustment Conditions:
10. Within one hundred eighty (180) days of the date of the final action on this
application, the applicant shall submit final, corrected (if necessary)exhibits for Lot
Line Adjustment No. SUB2005-00007 to the City for recordation with the County of
Los Angeles. Failure to provide said materials and/or to record the lot line
adjustment within the stipulated time period shall render this approval null and void.
Condition Use Permit Conditions:
11. The parking lots shall only be used during regularly scheduled activities on the
church campus, for occasional special events such as weddings, and to
accommodate occasional overflow parking for other institutional uses on Crestridge
Road. When the parking lots are not in use for these purposes, they shall be
secured so as to prevent unauthorized, unlawful and/or nuisance activities from
Occurring.
12. The use of the parking lots as play areas for the preschool or other church-related
youth programs shall be permitted only during the days and hours that they are
scheduled and in operation. It shall be the responsibility of the applicant to ensure
that unauthorized use of these play areas for non-church-related groups is not
permitted. In no event shall any parking area be used for play or recreation
purposes before 8:00 AM or after 9:00 PM.
13. The maximum height to the freestanding light standards shall be limited to sixteen
feet (16'-0"), as measured from the finished grade elevation at the base of the light
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standard. The maximum height of the bollard-type lights shall be forty-two inches
(42"), as measured from the finished grade elevation at the base of the bollard.
14. The maximum wattage per light standard shall be limited to 250 watts per luminaire
on the freestanding fixtures and 100 watts per bollard-type light.
15. Subject to the satisfaction of Staff and priorto final building and/or electrical permits,
each luminaire shall be installed in accordance with the approved parking lot lighting
plan so as to adequately shield the light source from adjacent residential properties.
Furthermore, the luminaires shall be hooded so that the light is directed downward.
16. The project shall be reviewed by the Planning Commission three (3) months from
the installation of the new lighting standards so as 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 a 500' radius,to persons requesting notice,to all affected
homeowners associations, and to the property owner in accordance with Rancho
Palos Verdes Development Code Section 17.80.090.
17. All parking lot lighting shall be extinguished by 10:00 PM.
18. The approved landscaping in the parking lots shall be maintained so as not to result
in significant view impairment from the viewing area of another property, as defined
in Section 17.02.040 of the Rancho Palos Verdes Municipal Code.
19. The new access stairway and play equipment for the preschool shall be located in
compliance with the required 25-foot front and 20-foot rear setbacks for the
property.
20. Aside from site improvements explicitly approved by these conditions of approval,
no expansion of any existing church facilities and/or activities is permitted. Any
future request to expand church facilities and/or activities on the site shall require
the approval of a further revision to Conditional Use Permit No. 21 by the Planning
Commission, and shall be subject to new and separate environmental review.
.Grading Approval Conditions:
21. This approval is for 3,954 cubic yards of grading, consisting of 1,564 cubic yards of
cut and 2,390 cubic yards of fill, with a maximum net import of 826 cubic yards.
22. The approved up- and downslope retaining walls shall not exceed six feet (6'-0") in
height.
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23. Prior to the issuance of a grading permit by the City's Building Official, the applicant
shall obtain final approval of the grading plan from the City's geotechnical
consultant. The applicant shall be responsible for the preparation and submittal all
soil engineering and/or geology reports required by the City's geotechnical
consultant in order to grant such final approval.
24. 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 that require regular watering for
the control of dust.
25. 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.
26. Construction equipment shall be kept in proper operating condition, including proper
engine tuning and exhaust control systems.
27. Trucks and other construction vehicles shall not park, queue and/or idle at the
project site or in the adjoining public rights-of-way before 7:00 AM, Monday through
Saturday, in accordance with the permitted hours of construction stated in Section
17.56.020(B) of the Rancho Palos Verdes Municipal Code.
28. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday,with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Municipal Code
without a special construction permit.
29. The project shall utilize construction equipment equipped with standard noise
insulating features during construction to reduce source noise levels.
30. All project construction equipment shall be properly maintained to assure that no
additional noise, due to worn or improperly maintained parts is generated.
31. Haul routes used to transport soil exported from the project site shall be approved
by the Director of Public Works to minimize exposure of sensitive receptors to
potential adverse noise levels from hauling operations.
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