PC RES 1989-020P.C. RESOLUTION NO. 89-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES GRANTING A NEGATIVE DECLARATION
AND APPROVING A REVISION TO CONDITIONAL USE PERMIT
NO. 1 TO ALLOW EXTERIOR LIGHTING ON THE NEW BUILDING
AND IN THE PARKING LOT AND EXISTING ENCROACHMENTS
INTO THE PUBLIC RIGHT-OF-WAY AT 26231 SILVER SPUR.
WHEREAS, Ascension Lutheran Church has requested a
Conditional Use Permit Revision to install exterior lighting on
their new building and in the parking lot, and allow existing
encroachments into the public right-of-way.
WHEREAS, after notice issued pursuant to the provision of the
Rancho Palos Verdes Development Code, a public hearing was held on
April 11, 1989, 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 proposal will have no significant
impacts on the environment, due to the implementation of, the
mitigation measures contained in the Final Negative Declaration
for Environmental Assessment No. 566, which have been incorporated
into the design of the project, and into the conditions of
approval in Exhibit "A" of this resolution.
Section 2: That the proposed project is not contrary to the
intent of the General Plan.
Section 3: That, given the project's location, design and
the uses adjacent to the subject property, which include single
family residential, granting the Conditional use Permit will not
adversely affect the peace, health, safety or general welfare of
the area, nor will it be materially detrimental to property
values, jeopardize, endanger or otherwise constitute a menace to
the public health, safety or general welfare of persons or
properties in the surrounding area.
Section 4: That the subject property being approximately 3.63
acres, is adequate in size and shape to accommodate the proposed
use.
Section 5: That the subject property, which fronts Silver
Spur Road, a fully developed street with curbs and gutters, and is
adequately served by public and private facilities, and by a
highway of sufficient width and improvements to carry the kinds
and quantity of traffic the proposed project might generate.
Section 6: That the encroachment is in the best interest of
the City since it identifies and clearly defines the entrance to a
public religious facility.
Section 7: The encroachment will not be detrimental to the
public health and safety since it has been existing for
approximately twenty years and provides a safe, well defined entry
to the facility.
Section 8: The encroachment is necessary by the fact there
is no alternative location on private property for the planters,
signs and lights which would eliminate the need to encroach, due
to the topography on the site and the curve of the street.
Section 9: The encroachment is designed in the safest manner
possible since the planter walls are only 1 foot in height and the
signs are placed behind the walls more than 30 feet from the edge
of the improved public right-of-way on Silver Spur.
Section 10: For the foregoing reasons, the Planning
Commission of the City of Rancho Palos Verdes hereby grants a
Negative Declaration, a Conditional Use Permit and an Encroachment
Permit for the uses described herein, subject to the conditions of
approval in Exhibit "A", such conditions being necessary for the
protection of the public health, safety, and general welfare.
PASSED, APPROVED and ADOPTED this 11th day of April, 1989.
- , /'�;" /�;' t / A�' (� - J
o ert Be ard, Dir ctor of
Environmental Services and
Secretary to the Commission
Luella L. Wike
Chairperson
P.C. Resolution No. 89-20
Page 2
EXHIBIT "A"
Conditions of Approval
1. The lights mounted on the side of the building shall be a
maximum of 7 feet in height and 100 watt incandescent bulbs.
The recessed ceiling mounted lights shall also not exceed 100
watts (incandescent) per the submitted plans.
2. The height of the ground mounted lights shall be a maximum 3
feet from grade to the top of the fixture and the wattage of
these lights shall be 30 watt and 60 watt incandescent bulbs,
per the submitted plans.
3. The height of the parking lot fixtures shall be 10 feet, per
Code performance standards in Section 17.54.030B. The wattage
of the parking lot standards should be limited to 150 watt
incandescent bulbs and the standards should be placed so that
they do not illuminate properties other than that belonging
to the Ascension Lutheran Church. The two fixtures adjacent
to the southeast property line shall be relocated out of the
public right-of-way.
4. The church walkways, building and parking lots shall be
automatically controlled so that the lights will turn off no
later than midnight. At all other times, only the lights
that have been illuminated at night in the past (i.e.
entrance sign and the stained glass window) shall be
permitted to remain on after hours. All existing lights,
except the two entrance sign spotlights, shall be removed
prior to final of the new installation.
5. Existing and proposed landscaping shall provide buffering and
screening to protect adjacent residential districts from
glare.
6. The owner shall record a Covenant and Agreement prior to the
issuance of building permits requiring that all vegetation on
the property be maintained in order to protect views.
7. Staff shall make a visit to the site within 30 days of the
installation of the outdoor lighting system to check the
level of illumination for compliance with the intent of the
Conditional Use Permit. Staff can require the fixture to be
replaced with lower wattage bulbs if there is a determination
by the Director of Environmental Services that the approved
level of illumination is causing a negative impact to the
surrounding properties.
P.C. Resolution No. 890
Page 3
8. The owner must provide a hold -harmless agreement for the
encroachment in the right-of-way. A $145 fee for the
Encroachment Permit is required plus a $145 penalty fee.
The applicant may request that the City Council wave the
penalty fee.
9. The owner must agree to remove the encroachment at the
direction of the Public Works Director on 10 days notice
except in emergency situation where removal may be required
on shorter notice. If the owner fails to remove the
encroachment within the specified time, the City will do the
work and the owner will be billed.
10. The owner must obtain liability insurance ($500,000 -
$1,000,000), naming the City as additional insured, and
provide a copy of said insurance policy annually.
11. The owner must record the above conditions as conditions
running with the land to the satisfaction of the City
Attorney. The owner must obtain formal Encroachment Permit
from the Public Works Department.
12. The encroachment must be maintained in accordance with
approved plans.
13. The applicant shall submit a letter indicating acceptance of
this permit and all conditions of approval within 30 days
otherwise this approval shall be void.
14. This conditional use permit shall expire in one year unless
extended, prior to expiration, by the Planning Commission.
P.C. Resolution No. 89-20
Page 4