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PC RES 2001-008I P.G. RESOLUTION NO. 2001-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 1 TO ENVIRONMENTAL ASSESSMENT 1 MITIGATED NEGATIVE DECLARATION NO. 711 AND APPROVING, WITH CONDITIONS, CONDITIONAL USE PERMIT NO. 206 - REVISION `A', GRADING PERMIT NO. 2270, AND SPECIAL CONSTRUCTION PERMIT NO. 46 TO ALLOW A CHANGE IN USE OF THE EXISTING 27,770 SQUARE FOOT MARKET SPACE FROM RETAIL TO PRIVATE EDUCATIONAL, AND APPROVING EXTERIOR AND INTERIOR IMPROVEMENTS, THE CONSTRUCTION OF A DESIGNATED STUDENT DROP-OFF AND PICK-UP AREA, TWO NEW PLAYGROUNDS FOR ELEMENTARY AND PRESCHOOL USE, 200 CUBIC YARDS OF ASSOCIATED GRADING, AND A REVISION TO THE JOINT USE PARKING PROGRAM TO ACCOMMODATE 400 STUDENTS ALL RELATED TO THE OPERATION OF THE PENINSULA MONTESSORI SCHOOL ON PROPERTY LOCATED AT 31100 HAWTHORNE BOULEVARD. WHEREAS, on October 12, 1999, the Planning Commission adopted Resolution No. 99-39 making certain environmental findings in association with Mitigated Negative Declaration / Environmental Assessment No 711, and adopted Resolution No 99-40 approving, with conditions, Conditional Use Permit No 206, Grading Permit No 2135, and Variance No. 446 for the construction of a 12,600 square foot addition to an existing 77,500 square foot shopping center, for exterior facade improvements, and for 1,220 cubic yards of associated grading and a Joint Use Parking Program, and, WHEREAS, on March 21, 2001 applications for Conditional Use Permit No. 206 - Revision 'A', Grading Permit No 2270 and Special Construction Permit No 46 were submitted to the Planning Department by the applicant, Claudia Krikorian (Peninsula Montessori School), on behalf of the property owners, to allow a change of use for the 27,770 square foot market space from retail to private educational with related site improvements; and, WHEREAS, the Commercial Neighborhood (CN) zoning district in which the subject property is located conditionally allows for private educational facility uses; and, WHEREAS, upon an initial review of the application, Staff required the submittal of a Traffic Study and a Noise Study to assess potential impacts to surrounding properties with the operation of a school at the shopping center, and, PC Resolution No 2001 -CW Page of s • i► WHEREAS, a Noise Study prepared by the City's environmental consultant found that the operation of a school, including the related playground noise and vehicle trips, will not generate significant adverse noise impacts to surrounding properties, and, WHEREAS, on April 13, 2001 the subject applications were reviewed by Staff and deemed complete for processing pursuant to the Permit Streamlining Act; and, WHEREAS, on April 23, 2001 the Traffic Committee reviewed the proposed project in conjunction with the applicant's Traffic Studies, and recommends approval, subject to conditions, for consideration by the Planning Commission, and, WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 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 found that the proposed project, in relation to the Initial Study and Mitigated Negative Declaration prepared for the shopping center's renovation project (Conditional Use Permit No 206, et. al ), will not result in an intensification of use, and that there is no substantial evidence that the approval of Conditional Use Permit No 206 Revision 'A', Grading Permit No 2270 and Special Construction Permit No 46 would result in a significant adverse effect on the environment. Accordingly, Addendum No 1 to Mitigated Negative Declaration / Environmental Assessment No 711 has been prepared in the manner required by law; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on April 24, 2001 at which all interested parties were given the 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 subject property is a developed lot located in the City's designated CN (Commercial Neighborhood) zoning district, which conditionally permits private educational facilities, such as the proposed Montessori School Pursuant to the criteria set forth in the City's Development Code, the subject site is adequate is size and shape to accommodate said use and for all the yards, setbacks, walls or fences, landscaping and other features required by Title 17 or P C Resolution No 2001-08 Page 2 of 6 by conditions imposed under that section, to adjust said use with those on abutting land and within the surrounding neighborhood. Furthermore, the proposed private educational facility will operate between the hours of 7:30 a.m. and 5 00 p.m. Monday through Friday and will have a peak parking demand of 39 parking spaces. Pursuant to the Joint Use Parking Program approved under Conditional Use Permit No. 206 in 1999, a minimum of 314 parking spaces must be maintained at all times. However, with the proposed school use, a revised Joint Use Parking Program requires a minimum of 265 parking spaces, for which the subject site will maintain 290 parking spaces with the proposed improvements. As such, said use will generate less traffic and parking than the use of a retail market Therefore, the Planning Commission finds that on-site parking for the proposed use, pursuant to the revised Joint Use Parking Program requirement of 265 minimum parking spaces is adequately maintained on the subject property Section 2: The subject site for the proposed use relates to streets and highways that are sufficient to carry the type and quantity of traffic generated by the subject use based on a study conducted by a licensed traffic engineer evaluating the current off-site conditions surrounding the subject property and at the intersection of Hawthorne Boulevard and Palos Verdes Drive West These streets have been identified by the City's General Plan as major arterial roads, and are conducive to serving the subject commercial site The study determined that the intersection in question is more than adequate to serve the projected increase in trips generated by the proposed use Additionally, less new trips will be generated with the proposed educational facility than would have been generated by the previously approved retail market. Furthermore, in considering anticipated development, such as the Subregion 1, Long Point and Ocean Trails projects, it was also determined, in accordance with the Trip Generation, Sixth Edition prepared by the Institute of Transportation Engineers, that the proposed project will not adversely impact traffic patterns. Section 3: In conditionally approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof based on a site analysis addressing potential impacts, such as view impairment, lighting, noise, and air quality. The Planning Commission finds that the proposed project will not significantly impair ocean views from surrounding properties since the requested improvements will be constructed exactly as approved by the Commission for the center's renovation project as approved under Conditional Use Permit No 206 in 1999. To address potential noise impacts, the Planning Commission imposes conditions on the subject applications that will regulate the use of the school and the maximum levels of noise generated by uses associated with the school's operation To address potential traffic impacts, conditions regarding on-site and off-site circulation patterns, as recommended, by the City's Traffic Committee and Traffic Engineer are also imposed P.0 Resolution N• 2001 -oz.. Page of . Section 4: Conditions regarding the requirements in the Development Code, found to be necessary to protect health, safety and general welfare were imposed by the Planning Commission under Conditional Use Permit No 206 in 1999, pertaining to setbacks, setback buffers, fences and walls, lighting, ingress and egress, noise, vibrations, odor, landscaping, the maintenance of the structures and grounds that will ensure safeguards are incorporated into the project, will remain in full force and effect, unless superceded by specific conditions imposed on Conditional Use Permit No 206 Revision `A', so that the shopping center is developed in an orderly and efficient manner and in conformance with the intent and purposes set forth in the Development Code Furthermore, additional conditions have been incorporated into the project for the proposed use, as shown herein under Exhibit "A", to address issues uniquely related to the operation of the school Section 5: The grading does not exceed that which is necessary for the permitted use of the lot in that the subject property is located in a CN zoning district which permits the proposed use and construction Additionally, the 200 cubic yards of associated grading is required to prepare the site for the required preschool playground Therefore, the Planning Commissions finds that the project grading is necessary for the permitted use of the lot. Section 6: The grading and/or related construction does not significantly adversely affect the visual relationships nor the views from surrounding properties in that the proposed grading will create a level pad for the use of a preschool playground that is level with the flat portion of the surrounding lot. Therefore, the Planning Commission finds that views maintained by surrounding properties, especially Villa Capri, will not be significantly impaired by the project as a result of the proposed grading Section 7: The nature of the grading minimizes disturbance to the natural contours and finished contours are considered reasonably natural in that the proposed grading will occur in an area that was previously disturbed when the shopping center was developed As a means of minimizing grading impacts, the grading is limited to the existing driveway ramp area No retaining walls are proposed Furthermore, the subject site does not maintain any natural topographic features that require land sculpturing as to blend the man-made or manufactured slopes into the natural topography Section 8: The subject grading will not be located on any natural topographic feature that maintains any natural landscape or wildlife habitat that has not already been disturbed at the time the site was initially developed and the site contains no significant wildlife habitat. Furthermore, said grading is not intended for a single-family residence nor a new residential subdivision Section 9: The subject grading consists of 200 cubic yards of earth movement that will occur on a site that was legally created prior to the City's P C Resolution No 2001-08 Page 4 of 6 incorporation As proposed, the grading does not exceed the Development Code's requirements for grading on slopes, the depth of cut and fill and the height of retaining walls Therefore, pursuant to Section 17 76 040(E)(9) of the Development Code, the Planning Commission finds that no further analysis of the proposed grading impacts is required Section 10: The granting of a Special Construction Permit for expanded construction hours and days will not adversely impact surrounding properties since conditions have been imposed that extends the permitted hours and days of construction provided that the extended hours and days require confinement of related construction activities to the building's interior, and all exterior door and window openings must remain closed to prevent disruption to surrounding properties Section 18: Any interested party may appeal this decision or any portion of this decision to the City Council Pursuant to Section 17 02 040 C 1 j 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 the date of the Planning Commission's final action Section 19: 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 adopts Addendum No 1 to mitigated Negative Declaration / Environmental Assessment No 711, and approves Conditional Use Permit No 206 — Revision `A', Grading Permit No 2270, and Special Construction Permit No 46, thereby allowing a change of use for the existing 27,770 square foot market building from retail to private educational, with exterior and interior improvements, a designated student drop-off and pick-up area, two playgrounds, 200 cubic yards of associated grading and a revised Joint Use Parking Program, subject to the conditions of approval in Exhibit "A" PASSED, APPROVED, AND ADOPTED this 24th day of April, 2001, by the following vote: AYES: Chairman Lyon, Vice -Chairman Clark, Commissioners Cartwright, Paulson, and Long NOES: Commissioner Mueller ABSTENTION: None ABSENT: Commissioner Vannorsdall P C Resolution No 2001-.a& Page 5 of 6 Jc(el Rbj*as, Al P Dif�c r of Plan in , Building and i� )i nd ode Enforcement; and, Secretary to the Planning Commission n __1 Frank Lyon Chairman P.C. Resolution No 2001 -DA Page 6 of 6 0 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 206 — REVISION `A', GRADING PERMIT NO. 2270, SPECIAL CONSTRUCTION PERMIT NO. 46 (GOLDEN COVE SHOPPING CENTER — MARKET SPACE / 31100 HAWTHORNE BOULEVARD) GENERAL 1 Prior to the submittal of plans into Building and Safety plan check, the applicant and/or 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 approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void 2 The approval shall become null and void after one year from the date of approval, unless approved plans are submitted to the Budding and Safety Division to initiate the "plan check" review process. 3. All Conditions of Approval for Conditional Use Permit No. 206 shall continue to remain in full force and effect, unless modified by any of the following conditions of approval for the proposed project, Revision 'A' 4. All applicable original mitigation measures contained in the adopted Mitigated Negative Declaration shall be incorporated into the implementation of the proposed project and adhered to, and are incorporated herein by reference. 5 The proposed project shall be constructed in substantial compliance with the plans stamped approved on the effective date of the approval 6. The Conditions of Approval contained herein shall be subject to review and modifications, as deemed necessary and appropriate by the Planning Commission, six (6) months after issuance of a Certificate of Occupancy, to review the applicant's compliance with the conditions of approval At that time, the Planning Commission may add, delete or modify any 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 At that time, the Planning Commission may add, delete, or modify the conditions of approval as deemed necessary and appropriate As part of the six month review, the Planning Commission shall consider the parking conditions, circulation patterns, lighting, and noise impacts, in addition to other concerns raised by the Commission and/or interested parties If Exhibit "A" P C. Resolution No 2001-08 Page 1 of 4 necessary, the Planning Commission may impose more restrictive standards and conditions to mitigate any impacts resulting from the operation of the school. 7 In the event that a private school is developed and becomes operational at 31270 Palos Verdes Drive West in accordance with approved Conditional Use Permit No 221, et al., the Montessori School shall conduct a traffic study to access the cumulative traffic impacts resulting from the point operation of the school at 31270 Palos Verdes Drive West and the Montesson School at Golden Cove At a minimum, the traffic study shall consider cumulative traffic impacts resulting from the development of the Golden Cove Shopping Center, with the three new buildings along Palos Verdes Drive West and the Peninsula Montesson School, Long Point, Ocean Trails, Sub -Region 1, and any other development projects The traffic study shall be conducted no later than 6 months after the school at 31270 Palos Verdes Drive West becomes operational. The traffic study shall be submitted to the City for review by the City's Traffic Consultant and Traffic Committee The applicant shall establish a trust deposit to pay for the cost of the City's review The results of the traffic study and Traffic Committee's recommendation shall be presented to the Planning Commission for review. Notice of the Planning Commission review shall be the same as the. 6 month review discussed in Condition No. 6. Based on the results of the traffic study, the Planning Commission may add, delete, or modify any Conditions of Approval as deemed necessary and appropriate. 8. The Director of Planning, Building and Code Enforcement is authorized to approve minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. Otherwise, all other modifications all be subject to review and approval by the Planning Commission, 9 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 10 Pursuant to Special Construction Permit No. 46, the hours of construction for exterior improvements and site improvements shall be limited to 7:00 a m. to 7:00 p.m., Monday through Saturday, and interior improvements shall be limited to 7,00 a m to 10 00 p m , Mondays through Saturdays provided that all exterior doors / windows remain shut to avoid disruption to surrounding properties. Furthermore, only interior construction shall be permitted on Sundays and on certain legal holidays (Columbus Day, Veterans Day, Martin Luther King Junior Day, and Presidents Day) provided that all exterior doors / windows remain shut to avoid disruption 0 Exhibit "A" P C Resolution No. 2001-08 Page 2 of 4 11. Pursuant to Section 17.56.020(D) of the Development Code, the construction site 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 is not 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. 12. This approval allows the use of the site as a private educational facility. All exterior improvements shall be constructed in full compliance with the approvals issued by the Planning Commission under Conditional Use Permit No. 206 in 1999, and as approved under this application request, as shown on the stamped approved plans with the effective date of approval 13 A maximum enrollment cap of 400 students present on the site at any time shall apply to the permitted operation of the school, and no more than a total of 40 teachers and staff members present at the site at any time shall be permitted. The applicant shall provide the Planning Director with a report annually stating the enrollment and staffing levels Any amendment to the aforementioned enrollment cap shall be reviewed by the Planning Commission as a Conditional Use Permit Revision 14. The required playgrounds shall be enclosed with six (6) foot high wrought fencing, as measured from adjacent finished grade to the top of the fence including architectural features (lamp fixtures), and shall be 80% open and permeable for light and air Signs 15 Prior to issuance of a Certificate of Occupancy, a sign permit shall be obtained from the Planning Department for all on-site signs, including a building identification sign that shall not exceed 75 square feet in area, and all on-site direction and precautionary signs Noise 16. No amplified sound, including but not limited to, loud speakers, stereo speakers, and microphones, shall be permitted outside the school, including all outdoor areas. For special events, temporary amplified sound may be permitted provided that the applicant obtain a Special Use Permit from the Planning Department. Any amendment to this condition shall be Exhibit "A" P C Resolution No. 2001-08 Page 3 of 4 reviewed by the Planning Commission as a Conditional Use Permit amendment. Off -Site and On -Site Circulation 17 The designated drop-off / pick-up area shall remain unobstructed at all times, and no part-time parking spaces shall be permitted in this area 18. The applicant shall install bollards along the designated drop-off area to create an adequate safety barrier between the vehicles and the student walkway. The student walkway shall be at least 6 feet in width and clearly painted to identify it as the required pedestrian walking zone 19 The side walk curb along the drop-off driveway and the building's front facade shall be painted red 20. Precautionary signs shall be posted around the building and drop-off area warning motorists that children are present 21. Pavement arrows and directional signs shall be installed and maintained in a clearly visible manner along the designated drop-off area to provide appropriate direction to motorists 22 The designated drop-off area shall be fully supervised by teachers and staff members during designated drop-off or pick-up times 23 The applicant shall provide information to all employees and parents pertaining to the required vehicle entrance and exit flow patterns, as well as alerting them that all pick-up and drop-off activity shall only occur in the designated area. 24. The proposed grading shall not exceed 200 cubic yards of fill. 25 A grading plan, indicating the quantities of earth movement, shall be submitted to the Department of Public Works and the Division of Building and Safety for review and approvals, prior to the issuance of grading or budding permits. 26 Prior to issuance of building or grading permits, the property owner shall submit geotechnical and soils reports to the City for review and approvals by the Building Official and the City's Geotechnical Consultant, to ensure that all conditions specified in the geotechnical and soils reports are incorporated into the project M 1CUMUP206 REVISION RICONDITIONS doc Exhibit "A" P.C. Resolution No 2001-08 Page 4 of 4