PC RES 2001-0290 0
P.C. RESOLUTION NO. 2001-29
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 231 TO ALLOW THE
ESTABLISHMENT OF A TUTORIAL CENTER, FOCUS ON
LEARNING, ON PROPERTY LOCATED AT 550 SILVER
SPUR ROAD
WHEREAS, on June 21, 2001, the applicant, Focus on Learning, submitted an
application for Conditional Use Permit No. 231 to allow the establishment of a tutoring
center serving up to 48 students per day, and,
WHEREAS, on August 22, 2001, the application for Conditional Use Permit No.
231 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 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), Staff found no evidence that Conditional Use Permit No
231 would have a significant effect on the environment and, therefore, the proposed
project has been found to be categorically exempt (Class 1, 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 September 11 2001, 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 Planning Commission hereby makes the following findings of fact with
respect to the application for Conditional Use Permit No 231 or the establishment of a
tutoring center:
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 because the
proposed project will not alter the exterior of the existing building and therefore
will not encroach into any required setback or exceed the height of the existing
P.C. Resolution No. 2001-29
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building; and that there is adequate off-street parking to meet the requirement set
forth in Section 17 50.020.
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 because the subject
property is served by Silver Spur Road, which is a public street that is fully
improved with curbs and sidewalks, and the only additional traffic expected to
result from the proposed project is the traffic from a maximum of 24 students at
any given time and the 4 staff members/instructors.
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 because the
proposed project involves no physical modifications to the existing site; the site
contains adequate number of off-street parking, the applicant is required to
provide at least three student pick-up and drop-off spaces, and the students are
not allowed to wait or linger on the hallways.
D. The proposed use is not contrary to the General Plan because the subject
property is designated Commercial -Retail, which states that "[commercial] uses
tend to have environmental impacts unless they are small in scale and very
carefully designed", and the implementation the traffic flow conditions (i.e., the
time gap between the sessions and the required pick-up and drop-off spaces) is
consistent with the Commercial -Retail land use designation and with other
General Plan goals and policies calling upon the City to "encourage the
development of institutional facilities to serve the political, social, and cultural
needs of its citizens, while maintaining the quality of the environment" and "make
special efforts to ensure safe conditions on ingress and egress routes to
commercial areas for both pedestrians and vehicles."
E The subject site is not within any of the overlay control districts established by
RPVDC Chapter 17 40 (Overlay Control Districts).
F. Conditions of approval, which the Planning Commission finds to be necessary to
protect the health, safety and general welfare, have been imposed and include
limiting the maximum number of students allowed per day to 48, the hours of
operation to be limited to 3:00pm to 7.00pm, Monday through Saturday, the
classes being offered shall not generate any noise, the time gap between the end
of the first session and the beginning of the second session shall be at least one
half-hour, and at least three parking spaces shall be designated and provided as
student pick-up and drop-off
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Section 5: Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council Pursuant to Sections 17.60.060 and
17.76.040(H) 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 September 11, 2001, the date of the Planning Commission's final
action
Section 6: 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. 231 thereby approving the establishment of a tutoring center serving up
to 48 students at 500 Silver Spur Road, 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.
PASSED, APPROVED, AND ADOPTED this 11th day of September, 2001, by the
following vote:
d8
AYES: Commissioner Cartwright, Commissioner Long, Commissioner Mueller
Commissioner Paulson, Commissioner Vannorsdall, and Chairman Lyon
NOES None
ABSTENTIONS, None
ABSENT: Vice -Chairman Clark
�4d4ln
Frank Lyffn
Chairman
Dikctpi of Plain Building and
Code Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2001-29
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EXHIBIT `A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 231
GENERAL
1. Within ninety (90) days following adoption 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 statement shall render this approval
null and void.
2. This approval is for the establishment of a tutorial center serving up to a
maximum of 48 students per day. The Director of Planning, Building and
Code Enforcement is authorized to make minor modifications to the approved
plans and any 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 shall require
approval of an amendment to Conditional Use Permit No. 231 by the Planning
Commission and shall require a 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
CL 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. If the proposed facility has not been established (i.e. building permits
obtained) within one (1) year of the effective date of this resolution, or if
construction has not been completed within one hundred eighty (180) days of
the issuance of building permits, approval of the project shall expire and be of
no further effect unless, prior to expiration, a written request for extension is
filed with the Department of Planning, Building and Code Enforcement and
approved by the Planning Commission Otherwise, a conditional use permit
revision must be approved prior to further development.
6. In the event that any of these conditions conflict with the recommendation
and/or requirements of another permitting agency or City Department, the
stricter standard shall apply
7 Unless otherwise designated on these conditions, all construction shall be
completed in substantial conformance with the plans submitted and stamped
with the effective date of this approval.
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9 0
8. The hours of construction shall be limited to 7:00 a.m to 7.00 p m., Monday
through Saturday No construction shall be permitted on Sundays or on legal
holidays.
9 This approval shall be valid until the time that Focus On Learning vacates the
site or their lease is terminated.
10. Focus On Learning shall be limited to utilizing and operating within suite 105
of 500 Silver Spur Road.
11. The applicant shall be responsible for verifying that all requirements from
other Departments and agencies are complied with
12. The maximum enrollment allowed per day shall be 48 students The
maximum number of students allowed per session shall be 24.
13. The maximum number of instructors allowed per session shall be 3, and the
maximum number of administrators allowed per session shall be 1, for a
maximum of 4 staff members.
14 The applicant shall submit to the Director of Planning, Building and Code
Enforcement an official enrollment list by December 15t' of every year
demonstrating the monthly enrollment for the calendar year. The official
enrollment list shall demonstrate that the enrollment of the students does not
exceed 24 students per session, and 48 per day; and that the number of staff
members does not exceed 4 per session
15 The hours of operation shall be from 3:00pm to 7:00pm, Monday through
Friday, and 9 00am to 4:00pm on Saturdays.
16 The time between the end of the first session and the beginning of the second
session shall be at least one half hour. A maximum of two sessions is allowed
per day
17 The classes being offered shall be academic classes, and not recreational
classes that will generate noise No instruction shall be allowed to occur
outside of suite 105.
18 The applicant shall submit an official schedule of classes by December 15t'' of
every year demonstrating the schedule of classes for the calendar year. The
official schedule of classes shall demonstrate that the end of the first session
is at least one half-hour before the beginning of the next session, and that
only two sessions are being offered per day The official schedule of classes
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shall also demonstrate the hours of operation and that the classes being
offered are academic classes and not recreational classes, which will
generate noise
19.The applicant shall ensure that students do not wait or linger in the hallways
of the building or disturb the existing tenants located in the building.
24. The applicant shall designate and provide at least three parking spaces for
pick-up and drop-off of students. Prior to the commencement of the operation
of the tutorial center, the applicant shall submit a plan showing the pick-up
and drop-off parking spaces for the review and approval of the Director of
Planning, Building and Code Enforcement Prior to the commencement of the
operation of the tutorial center, the parking spaces approved by the Director
shall be designated and labeled.
21 The approval of Conditional Use Permit No. 231 is granted to the applicant
(Focus On Learning), and shall not be transferred to another organization,
group, etc.
22 If the applicant wishes to modify the number of 48 student enrollment number,
or the number of staff members, or the hours of operation, or the time
separation between the two session, or the type of classes being offered, a
revision to this CUP shall be required.
23. 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.
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