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PC RES 2001-001i P.C. RESOLUTION NO. 2001-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 132 -REVISION `D', THEREBY PERMITTING THE CONTINUED OPERATION OF A PRIVATE DANCE SCHOOL AT THE FORMER MIRALESTE ELEMENTARY SCHOOL SITE, LOCATED AT 6245 VIA CANADA WHEREAS, on December 8, 1987, the Planning Commission approved Conditional Use Permit No 132 to allow the use of the closed Miraleste Elementary School site by a number of different tenants, including Peninsula School of Performing Arts, and, WHEREAS, on January 28, 1992, the Planning Commission approved Conditional Use Permit No. 132 -Revision 'B' to modify the teacher parking requirements for Peninsula School of Performing Arts, and, WHEREAS both Conditional Use Permit No. 132 and Conditional Use Permit No. 132 -Revision B' were extended and revised a number of times by the Planning Commission, but ultimately both expired on November 24, 1997; and, WHEREAS, on September 22, 1999 and on several occasions thereafter, the City notified the Palos Verdes Peninsula School District and the two remaining tenants at Miraleste Elementary School (Discovery World Infant Center and Preschool and Peninsula School of Performing Arts) that these approvals had expired and needed to be renewed if these activities were to continue lawfully on the subject property, and, WHEREAS, on November 27, 2000, the applicant, Peninsula School of Performing Arts, submitted an application for Conditional Use Permit No. 132 -Revision 'D' to allow its continued operation at the Miraleste Elementary School site, and, WHEREAS, on December 20, 2000, the application for Conditional Use Permit No. 132 -Revision 'D' was 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), Staff found no evidence that Conditional Use Permit No. 132 -Revision 'D' would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15301), 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 January 9, 2001, at which time all interested parties were given an opportunity to be heard and present evidence. ZT-4 Section 1: The Planning Commission hereby makes the following findings of fact with respect to the application for Conditional Use Permit No. 132 -Revision 'D' for the continued operation of the Peninsula School of Performing Arts at the Miraleste Elementary School site 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. Peninsula School of Performing Arts (PSPA) has operated from the subject property with City approval since 1987. The existing structures and facilities on the site comply with the development standards I district, as established in RPVDC Section 17.26 040. The City's parking requirement for this use is one space per employee plus one space for every three students and the proposed project is consistent with these requirements. Therefore, the subject property is adequate to accommodate the continued operation of PSPA 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. The subject property is served by Palos Verdes Drive East (via Picardie Road and Via Cahada), which is a major public thoroughfare along the west side of the property The City is not aware of any current traffic conflicts related to access to and from the site. Therefore, the proposed project relates to streets and highways that are sufficient to carry the type and quantity of traffic expected to be generated by the proposed use. 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 PSPA has been in operation on this site with City approval since 1987, and the City is not aware of any complaints or adverse impacts associated with its operation. No changes to the scope or capacity of the program are proposed. Therefore, the approval this project will have no significant adverse effect upon adjacent properties or the permitted use thereof. D. The proposed use is not contrary to the General Plan The Urban Environment Element of the City's General Plan calls upon the City to "encourage the development of institutional facilities to serve the political, social and cultural needs of its citizens" (p. 56), and to "[review] the location and site design of future P C. Resolution No. 2001-01 Page 2 of 6 institutional uses very carefully to ensure their compatibility with adjacent sites" (p 93). The General Plan also calls upon the City to "[locate] schools on or near major arterials or collectors, buffered from residential uses, and provide adequate parking and automobile access," and to [continue] to work closely with the [Palos Verdes Peninsula Unified] School District in coordinating planning and programming" (p. 93). The subject property is designated Institutional -Educational in the City's General Plan, while surrounding neighborhoods are designated for residential use at a density of two units per acre. This land use pattern is common to many types of institutional uses, such as churches and government facilities. The approval of this application will allow for the continued operation of a program that serves a community need. Existing access and parking are adequate to support this activity, and conditions will be applied to the approval of the application so as to ensure the compatibility of this use with surrounding residences, which is consistent with the General Plan goals and policies quoted above 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), then the proposed use complies with all applicable requirements of that chapter, is not applicable to this project because the subject property is not located within any of the City's overlay control districts 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 upon the proposed project 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: 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 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 January 9, 2001, the date of the Planning Commission's final action. Section 3: 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 132 -Revision 'D', thereby permitting the continued operation of a private dance school at the former Miraleste Elementary School site, located at 6245 Via Cahada, subject to the conditions contained in Exhibit W, attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. P C Resolution No 2001-01 Page 3 of 6 PASSED, APPROVED, AND ADOPTED this 9th day of January 2001, by the following vote: AYES Chairman Lyon, Commissioners Cartwright, Long, Paulson and Vannorsdall NOES none ABSTENTIONS none ABSENT Vice Chairman Clark and Commissioner Mueller 4oel Rhjas, AICP DwaG(or of Plann (nq)uilding and Code Enforcement, and, Secretary to the Planning Commission 740a- &= Frank Lyon Chairman P C Resolution No. 2001-01 Page 4 of 6 EXHIBIT'A' CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 132 -REVISION `D' (6245 Via Canada) General Within ninety (90) days of the effective date 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 within ninety (90) days following date of this approval shall render this approval null and void. 2. This approval is for the continued operation of Peninsula School of Performing Arts at the Miraleste Elementary School site, located at 6245 Via Canada No physical modifications to the subject property or facilities are permitted. No change in the scope or capacity of the, use is permitted 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 Conditional Use Permit No. 132 -Revision `D' by the Planning Commission and shall require 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 I [Institutional] 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 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 Conditional Use Permit No 132 -Revision 'D' 6 This permit renewal applies only to Peninsula School of Performing Arts The property owner shall notify the City upon any change in tenancy or change in use by Peninsula School of Performing Arts. No subleases shall be permitted Any change shall be subject to the review and approval of the Director of Planning, P.C. Resolution No. 2041-01 Page 5 of 6 Building and Code Enforcement. Under the terms of this permit, Peninsula School of Performing Arts is authorized to use Rooms 11 and 12. 7 This approval shall be valid for an indefinite period until such time as the use allowed by this approval is terminated at the request of the Palos Verdes Peninsula Unified School District (PVPUSD). 8. Unless specifically addressed herein or revised by this or subsequent actions, all conditions of approval for Conditional Use Permit No 132 and Conditional Use Permit No. 132 -Revision 'B'—which are related to Peninsula School of Performing Arts in particular or the subject property in general—remain in effect and valid. Said conditions of approval are enumerated in P.C. Resolution Nos. 87-76, 89-50, 89-74, 90-16, 91-20, 92-04 and 93-23, which are incorporated herein by this reference. M \Projects\CUP 132 -Rev 'D'(PSPA-PVPUSD)\PC Resolution 2001-01 doc P.C. Resolution No 2001-01 Page 6 of 6