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PC RES 2001-027P.C. RESOLUTION NO. 2001- 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 176 — REVISION "C", THEREBY PERMITTING THE CONTINUED OPERATION OF THE MONTESSORI SCHOOL OF RANCHO PALOS VERDES AT THE LADERA LINDA COMMUNITY CENTER, WITH 112 STUDENTS AND EXPANDING THE SCHOOL TO INCLUDE THE AREA BETWEEN BUILDING A AND THE STAFF PARKING FOR A PLAYGROUND (32201 FORRESTAL DRIVE). WHEREAS, on August 24, 1993, the Planning Commission adopted P.C. Resolution No. 93-22, approving the application for Conditional Use Permit No. 176 by the Montessori School of Rancho Palos Verdes, for use of two rooms, a playground area, and a fenced parking area at the Ladera Linda Community Center; and, WHEREAS, on June 13, 1995, the Planning Commission adopted P C. Resolution No 95-23, approving the application for Conditional Use Permit No 176 — Revision "A", for expansion of the Montessori School of Rancho Palos Verdes by an additional room, the reconversion of a storage area into functional restrooms, and the use of a grassy area for a playground, and, WHEREAS, on April 23, 1996, the Commission adopted P.C. Resolution No. 96-10, approving the application for Conditional Use Permit No 176 — Revision "B", for the expansion of the Montesson School of Rancho Palos Verdes by utilizing Rooms D and F within Building B; and, WHEREAS, Conditional Use Permit No 176 — Revision "B" expired on August 24, 1998; and, WHEREAS, on May 4, 2001, the applicant submitted Conditional Use Permit No. 176 — Revislon "C" for a time extension, and a request to increase the maximum student enrollment and to utilize the area between Building A and the staff parking for a performance/playground area for the children, and, WHEREAS, upon submittal of the additional information requested by Staff, Conditional Use Permit No 176 — Revision "C" was deemed complete by Staff on August 1, 2001; 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. 176 — Revision "C" would have a significant effect on the environment and, therefore, the project has been found to categorically exempt P C. Resolution No 2001-27 Page 1 (Class 1, Section 15301 (a)) since the proposed extension is for the continual operations within existing buildings, and, WHEREAS, on August 28, 2001, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission held a public hearing to consider the request for Conditional Use Permit No. 176 — Revision "C", 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 site is adequate in size and shape to accommodate said use and for all of the yards, setbacks, wails or fences, landscaping and other features required by this title [Title 17 "Zoning"] or by conditions imposed under this section [Section 17 60.050] to adjust said use to those on abutting land and within the neighborhood because the Montesson School has not modified the physical characteristics of the existing site, and the uses continue to be less intense than when the site was operating as a public elementary school Section 2: The site for the existing use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the Montessori School since the site was designed to accommodate a maximum capacity of 338 students, and the Montessori School is less intense in terms of traffic generation due to the enrollment of a maximum 112 students. Section 3: In extending the approval of the educational use, increasing the maximum student enrollment limit to 112, and expanding the School to include the area between Building A and the staff parking for a performance/playground area, there will be no significant adverse effect on adjacent property or the permitted use thereof because no recurring problems have been reported to the City since Conditional Use Permit No. 176 was approved, and the City anticipates no impacts as a result of the further extension of this permit Section 4: The existing uses are not contrary to the General Plan because the uses are consistent with an educational nature and are community service oriented, which is consistent with the Institutional/Educational land use designation. Section 5: The former Ladera Linda Community Center site is not within any of the overlay control districts established by Chapter 17 40 (Overlay Control Districts) of this title [Title 17 "Zoning], so there is no need to ensure that the uses comply with the requirements of this chapter. Section 6: Conditions regarding any of the requirements listed in PRVDC Section 17.60.050(A)(6), which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed [including but not limited to]: setbacks, and buffers; fences or wails; 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 manner and in conformity with the intent and purposes set forth in this title [Title 17 "Zoning"], were met P C Resolution No 2001-27 Page 2 during the design and approval process for the original school, which continue to comply with the City's current standards Further, the conditions of approval incorporated under CUP 176, and subsequent Revisions "A" and "B" that continue to be relevant remain in place as part of this Revision "C" Section 7: Acknowledging that the Montessori School leases classrooms from the City, Staff has incorporated a condition of approval that links approval of CUP 176 — Revision "C" to the lease agreement Section 8: Any interested person aggrieved of 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 August 28, 2001, the date of the Planning Commission's final action. Section 9: For the foregoing reasons and based on information and findings contained in the Staff Reports, Minutes, and other records of the proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby grants an extension to Conditional Use Permit No 176 — Revision "C", which allows a time extension to Conditional Use Permit No, 176 — Revision "C", allows an increase in the maximum student enrollment, and allows the use of the area between Building A and the staff parking for use as a performance/playground area, subject to the Conditions of Approval contained in Exhibit "A", attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED, and ADOPTED this 28th day of August 2001 by the following roll call vote AYES: Cartwright, Clark, Long, Lyon, Paulson, Vannorsdall NOES: None ABSTENTIONS None ABSENT. Mueller Frank Lyon Chairman Joel Rojas, Ai P Vo ctor of Pl nn'g,Building and e Enforce ent, and, Secretary to the Planning Commission P C Resolution No. 2001- 27 Page 3 4:4911I Wfir_y CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 176 — REVISION "C" The following conditions of approval shall replace and supercede the previous conditions of approval of Conditional Use Permit No. 176, and subsequent Revisions "A" and "B" The applicant/property owner or a designated representative 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 This approval shall be valid until the time that Montessori School of Rancho Palos Verdes vacates the site by request of the City of Rancho Palos Verdes, or their lease is terminated. 3 The Montesson School is limited to utilizing and operating within the following rooms and areas, as described below and illustrated in the attached site plan. Room J of Building A, including the fenced area to the north for staff parking; all rooms of Building B, including the adjacent playground area to the south; Room A and the bathrooms of Building E, including the adjacent playground to the south, and the area between Building A and the staff parking for use as a performance/playground area 4 The applicant shall be responsible for verifying that all requirements from other Departments and agencies are complied with 5. The applicant shall obtain approval from the Director of Recreation and Parks and/or the Director of Public Works prior to making any modifications, alterations, or additions on the school site. Further, the appropriate City Department shall inspect the work. 6. The Montesson School shall provide the Director with an official enrollment list at the beginning of each academic year (by September 15th) to verify that the 112 -student enrollment limit has not been exceeded If the applicant wishes to increase the 112 - student enrollment limit, a revision to this CUP shall be required 7 The applicant shall provide the Director with a copy of the license issued by the State Department of Social Services Community Care Licensing Agency indicating compliance with all State requirements and authorizing the operation of the Montesson School at the Ladera Linda Community Center site 8 The approval of Conditional Use Permit No. 176 — Revision "C" is granted to the applicant (Montessori School of Rancho Palos Verdes), and shall not be transferred to another organization, group, etc. The approval of this permit shall be contingent upon a valid lease agreement between the Montesson School of Rancho Palos Verdes and the City of Rancho Palos Verdes Failure to comply with and adhere to all of these conditions of approval, and/or with the conditions and requirements of the lease agreement, may be P.C. Resolution No 2001-27 Page 4 cause to revoke the approval of Conditional Use Permit No 176 — Revision "C" by the Planning Commission after conducting a public hearing on the matter not complied with 9 No signs are approved with this permit. Any request for signage shall be reviewed and approved by the City of Rancho Palos Verdes prior to the installation of any sign P C Resolution No 2001-27 Page 5