Loading...
PC RES 2008-017 P.C. RESOLUTION NO. 2008-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES OVERTURNING THE STAFF DETERMINATION, THUS UPHOLDING THE APPLICANT'S APPEAL AND DETERMING THAT THE FLS INTERNATIONAL/MARYMOUNT COLLEGE SUMMER PROGRAM IS BEING CONDUCTED IN COMPLIANCE WITH CONDITION NO. 9 OF CONDITIONAL USE PERMIT NO. 9 REVISION 'C' OF THE CONDITIONAL USE PERMIT FOR MARYMOUNT COLLEGE LOCATED AT 30800 PALOS VERDES DRIVE EAST. WHEREAS, on September 2, 1975, the City Council adopted Resolution No. 75-73 allowing the "operation of a non-profit, two-year liberal arts community college: and, WHEREAS, between 1975 and 1990, the City received periodic complaints from neighbors who contended that the College was operating commercial programs_beyond the scope of the use that was approved by the City Council in 1975; and WHEREAS, on November 20, 1986, then-College President, Dr. Wood, provided the City with a list of campus activities that included "Summer Rentals" consisting of international student groups enrolled in English as a Second Language (ESL) classroom programs along with occasional access to the campus pool for recreational purposes, which was neither authorized nor disallowed by City Staff or the City's Planning Commission or the City Council; and WHEREAS, on April 17, 1990, the City Council adopted Resolution No. 90- 20, approving with conditions, the expansion of the student union, among other things. The conditions of approval adopted by the City Council included Condition No. 9, which states: "any commercial use of the campus, including sub-leasing, shall require an amendment to this Conditional Use Permit;" and, WHEREAS, on November 27, 2007, during public testimony on the College's Draft Environmental Impact Report for the College's Facilities Expansion project, also known as CUP No. 9 Revision "E," members of the public raised the question of whether a summer program proposed to be conducted by FLS International and Marymount College, which includes ESL instruction ("the Program") during the Summer of 2008 is a commercial use that would violate Condition No. 9; and, P.C. Resolution No. 2008-17 Page 1 of 3 WHEREAS, on December 14, 2007, City Staff sent a letter to the College requesting further information about the Program; and, WHEREAS, on January 10, 2008, the College submitted an explanation, with attachments, of the Program; and, WHEREAS, on February 29, 2008, Staff determined that the Program was being conducted in violation of Condition No. 9 of CUP No. 9 Revision "C," finding that the program was a separate commercial enterprise being operated by FLS International at Marymount College; and, WHEREAS, on March 11, 2008, the College filed an appeal of City Staff's determination based on nine points; 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 April 22, 2008, at which time all interested parties, including representatives from the College (appellant), were heard and presented evidence regarding the appeal; NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1 : The evidence in the record demonstrates that the Program includes ESL instruction and instruction in other activities such as cinema, which are educational in nature. Section 2: The Commission interprets the phrase "commercial use" in Condition 9 consistently with the commercial uses described in the Rancho Palos Verdes Municipal Code (i.e., the commercial uses described and permitted in the City's various "Commercial" districts as set forth in RPVMC Chapters 17.12 through 17.22), as well as the common meaning ascribed to the word "commercial." Accordingly, the Commission finds that the Program is not a commercial use and is an educational use that is permitted on campus in accordance with CUP No. 9 Revision "C." Section 3: The Commission finds that the Program is consistent with the City's Institutional zoning district that allows for educational uses, under the operation of a conditional use permit. Accordingly, Marymount is not required to obtain an amendment to its CUP in order to continue offering the Program during the summer on the Marymount College campus. Section 4: 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 overturns City Staff's determination thereby upholding the appellant's appeal by determining that the Program is in compliance with CUP No. 9 Revision "C" and is not in violation of Condition No. 9, because the Program is an educational, as P.C. Resolution No. 2008-17 Page 2 of 3 is not in violation of Condition No. 9, because the Program is an educational, as opposed to a commercial use, of the campus facilities. Section 5: Any interested person who is aggrieved by this decision or by any portion of this decision may file an appeal to the City Council. Pursuant to Section 17.60.060 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 May 13, 2008, the date of the Planning Commission's final action. PASSED, APPROVED, AND ADOPTED this 13th day of May 2008, by the following vote: AYES: Chairman Perestam, Vice Chairman Lewis, and Commissioners Gerstner, Ruttenberg and Tomblin NOES: Commissioners Knight and Tetreault ABSTENTIONS: None ABSENT: None Stephen Perestam Chairman .411116411111 Joel R. AICP Direct. • Plannin., Building and Co• - Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2008-17 1056018-1 Page 3 of 3