PC RES 2003-057 P.C. RESOLUTION NO. 2003-57
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT CASE NO. ZON2003-00381
— REV. "D" TO ALLOW THE EXPANSION OF THE
PLAYGROUND BY 4,730 SQUARE FEET, ON PROPERTY
LOCATED AT 5975 ARMAGA SPRING ROAD
WHEREAS, in 1975 the City approved Conditional Use Permit No. 8 for the
preschool, which at the same time legalized the existing church and education use
under the City's Institutional land use and zoning designation; and'
WHEREAS, in 1990, the Planning Commission approved CUP NO. 8 — Rev. "A"
for the preschool facility to increase the enrolment from 34 to 45 students, increase the
daily hours of operation and increase the school year from 9 months to year-round; and,
WHEREAS, in 1997, the Planning Commission approved CUP No. 8 — Rev. "B"
to allow the student enrolment to be increased from 45 students to a maximum of 75
students; and,
WHEREAS, in 1998, the Planning Commission approved CUP No. 8 — Rev. "C"
to allow the construction of a new 4,039 square foot structure at the subject site; and,
WHEREAS, on July 18, 2003, the applicant, Mount Olive Lutheran Church,
submitted an application for Conditional Use Permit Case No. ZON2003-00381 — Rev.
"D" to allow the expansion of the playground by 4,730 square feet; and,
WHEREAS, on October 9, 2003, the application for Conditional Use Permit Case
No. ZON2003-00381 — Rev. "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 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 Case
No. ZON2003-00381 — Rev. "D" 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 November 11, 2003, 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 Case No. ZON2003-
00381 — Rev. "D" for the expansion of the playground:
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
subject site currently contains 72% open space, which is able to accommodate
the playground, which will also be "open space" containing only playground
equipment with no permanent structure; the proposed project will maintain the
minimum setbacks as required by the City's Development Code, and will not
extend closer to the property lines than the existing buildings and playground;
and that the proposed project will not increase the parking demand on the
subject site, since it does it does not include an increase in the number of
students attending the school, nor the number of staff members.
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 a public street system consisting of Armaga Spring Road,
Indian Valley Drive, Highridge Road and Hawthorne Boulevard, which adequately
serve the project site and surrounding residential neighborhoods; and no
additional traffic is expected to result from the proposed project since the project
does not involve additional student enrollment nor additional staff members.
C. In approving the subject use at the specific location, there will be no significant
adverse affect on adjacent property or the permitted use thereof because the
playground has been well integrated in the center of the property so as not to be
obtrusive to the residential areas, and because the proposed project will not
increase the intensity of the use of the playground since no additional students
will be allowed to use the playground at any given recess period.
D. The proposed use is not contrary to the General Plan because the proposed
playground area is a use that is consistent with the uses permitted within the
institutional zoning district and is thereby consistent with the zoning code and the
institutional land use designation of the General Plan.
E. The subject site is not within any of the overlay control districts established by
RPVDC Chapter 17.40 (Overlay Control Districts).
P.C. Resolution No. 2003-57
CUP ZON2003-00381 —Rev. "D"
Page 2 of 4
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 in the playground at any given
recess period, the number of students enrolled in the school and number of staff
employed in the school; and requiring that the area of the playground shall not be
altered without the review and approval of a Conditional Use Permit Revision.
Section 2: The uses on the subject property are the same as when the CUP
No. 8 — Rev. "C was approved, and according to the Code Enforcement Division and
the Public Works Department there is no record of parking and circulation complaints
filed with the City concerning the current or past operation of the preschool facility,
therefore the parking plan is found to be in compliance with the Mitigation Monitoring
Program adopted with the approval of CUP No. 8 — Rev. "C".
Section 3: 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 November 11, 2003, the date of the Planning Commission's final
action.
Section 4: 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 Case No. ZON2003-00381 — Rev. "D" thereby approving the expansion of
the playground by 4,730 square feet and determining that the parking plan is in
compliance with the Mitigation Monitoring Program adopted with the approval of CUP
No. 8 — Rev. "C", subject to the conditions contained in Exhibit 'A', 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. 2003-57
CUP ZON2003-00381 —Rev. "D"
Page 3 of 4
PASSED, APPROVED, AND ADOPTED this 11th day of November, 2003, by the
following vote:
AYES: Commissioners Cote, Lyon, and Tomblin, and Vice Chair Mueller
NOES: None
ABSTENTIONS: None •
ABSENT: Commissioners Cartwright, and Dur ed, and Chai .•ng
Craig eller
Vice airman
•el 'ojas, A CP
►�irect•r of P an ' g, Building and
• Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2003-57
CUP ZON2003-00381 -Rev. "D"
Page 4 of 4
EXHIBIT 'A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT
CASE NO. ZON2003-00381 — REV. "D"
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 expansion of the 6,400 square foot playground area
by 4,730 square feet for a total of 11,130 square feet.
3. The following setbacks shall be maintained:
Front: 25'
North Side: 20' (proposed: 195')
South Side: 20' (proposed: 42')
Rear: 20' (proposed: 85')
4. 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 Case No. ZON2003-00381 — Rev. "D" by the Planning
Commission and shall require a new and separate environmental review.
5. 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
Institutional district development standards of the City's Municipal Code.
6. 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.
7. 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.
P.C. Resolution No. 2003- 57
CUP ZON2003-00381 — Rev. "D"
Page 1 of 2
8. 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.
9. 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.
10.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.
11.The applicant shall be responsible for verifying that all requirements from
other Departments and agencies are complied with.
12.No grading is approved under this permit.
13.The maximum number of students on the playground at any given recess
period shall not exceed 30 children.
14.The proposed playground area shall be fenced with a chain link fence.
15.All the mitigation measures and conditions of approval from the Original
Conditional Use Permit No. 8 (Resolution 75-37), Conditional Use Permit No.
8 — Rev. "A" (Resolution 90-28), Conditional Use Permit No. 8 — Rev. "B"
(Resolution 97-29), and Conditional Use Permit No. 8 — Rev. "C" (Resolution
98-21) shall apply to this application.
P.C. Resolution No. 2003- 57
CUP ZON2003-00381 —Rev. "D"
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