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PC RES 2016-015 z P.C. RESOLUTION NO. 2016-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, AMENDING CONDITION NO. 6 OF P.C. RESOLUTION NO. 2014-32 TO GRANT A ONE YEAR TIME EXTENSION MARKING A NEW DEADLINE OF DECEMBER 9, 2017 AND AMENDING CONDITION NO. 21 OF P.C. RESOLUTION NO. 2014-32 BY ADDING NEW LANGUAGE THAT INDEMNIFIES THE CITY FOR COASTAL PERMIT AND CONDITIONAL USE PERMIT (PLANNING CASE NO. ZON2014- 00332), IN CONJUNCTION WITH THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, FOR THE "HERITAGE CASTLE MUSEUM," LOCATED AT 5500 PALOS VERDES DRIVE SOUTH WHEREAS, on August 21, 2014, applications for a Coastal Permit, Conditional Use Permit and Environmental Assessment (Planning Case No. ZON2014-00332) were submitted to the Community Development Department by the applicants, Dr. Allan and Mrs. Charlotte Ginsburg, to allow the conversion of a portion of the Harden Estate Gatehouse on a 2.06-acre site at 5500 Palos Verdes Drive South into the "Heritage Castle Museum"; and, WHEREAS, on September 10, 2014, the application for Planning Case No. ZON2014- 00332 was deemed complete by Staff; and, WHEREAS, pursuant to the provisions 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 prepared an Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration, there is no substantial evidence that the approval of Planning Case No. ZON2014-00332 would result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration was prepared and circulated for public review for thirty(30)days between October 9, 2014, and November 10,2014, and notice of that fact was given 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 October 28, 2014, November 11, 2014, and December 9, 2014 at which time all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, at its December 9, 2014 meeting, after hearing public testimony, the Planning Commission adopted P.C. Resolution Nos. 2014-31 and 2014-32, making certain findings related to the requirements of the California Environmental Quality Act (CEQA) by adopting a Mitigation Monitoring Program and Mitigated Negative Declaration, and conditionally approving a Coastal Permit and Conditional Use Permit, for the conversion of a portion of the Harden Estates Gatehouse into the "Heritage Castle Museum" located at 5500 Palos Verdes Drive South (Case No. ZON2014-00332); and, WHEREAS, on February 23, 2016, pursuant to Condition No. 6 of P.C. Resolution No. 204-32, the Community Development Director granted a one-year time extension for Case No. P.C.Resolution No.2016-15 Page 1 of 9 ZON2014-00332, resulting in a new deadline of December 9, 2016 because the applicant was unable to find a surveyor who would provide an accurate survey, which prevented permits to be issued; and, WHEREAS, on October 24, 2016, the property owners met with the Community Development Director and requested additional time based on unforeseen delays and hardships; and, WHEREAS, after notice issued on November 3, 2016, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on November 29, 2016, 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 finds that the following findings of fact that were originally made as part of P.C. Resolution No. 2016-32 will remain in effect with the proposed time extension and added condition language that indemnifies the City as it relates to the application for a Coastal Permit for the conversion of a portion of the Harden Estate gatehouse into the "Heritage Castle Museum": A. The proposed development is consistent with the Coastal Specific Plan. The Coastal Specific Plan designation for the subject property is Residential, <1 Dwelling Unit/Acre. The property is located within an appealable portion of Subregion 5 of the Coastal Specific Plan (CSP) district, but it is not located within the coastal setback zone. The discussion of Subregion 5 in the CSP notes that the Harden Estate gatehouse is the only residential development in the subregion, and that it "serves as an important component in the Peninsula's few remaining historical sites." This is reiterated in the Socio-Cultural Element of the CSP, which calls upon the City to "[consider] the implementation of appropriate measures to protect the identified cultural resources" in the City's coastal zone. The proposed project would serve to preserve and protect this historic resource. The subject property is not located within a visual corridor identified in the Corridors Element of the CSP. However, since no expansion of the gatehouse beyond the existing building envelope is proposed, the approval of this project will have no adverse effects upon a public view from Palos Verdes Drive South. B. The proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. Although the subject property is located seaward of the first public road (i.e., Palos Verdes Drive South), it is surrounded by Abalone Cove Shoreline Park and does not extend to the mean high-tide line. As such, the property does not provide an opportunity for additional public access to coastal resources. By contrast, the surrounding City park provides extensive, existing opportunities for public access to coastal resources in the form of improved trails, public beaches and public off-street parking. Although the Planning Commission does not find that the provision of additional public access is warranted for this proposal, it is important to note that the Heritage Castle Museum will be open to a public, and will provide public access to a historical resource that has heretofore been prevented while the property was occupied as a private residence. P.C.Resolution No.2016-15 Page 2 of 9 Section 2: The Planning Commission finds that the following findings of fact that were originally made as part of P.C. Resolution No. 2016-32 will remain in effect with the proposed time extension and added condition language that indemnifies the City as it relates to the application for a Conditional Use Permit for the conversion of a portion of the Harden Estate gatehouse into the"Heritage Castle Museum": 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 Title 17 (Zoning) or by conditions imposed under Section 17.60.050 to integrate said use with those on adjacent land and within the neighborhood. The subject property is just over two (2) acres in size, more than double the minimum lot size required under the RS-1 zoning district standards. With the exception of removal or legalization of minor accessory structures on the property, the proposed project improvements will occur mostly within the existing building. The site is adequate and size and shape to provide for off-street parking in accordance with Development Code standards. 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 has existing access to Palos Verdes Drive South, a major arterial roadway. Based upon most-recent rates set forth in the ITE Trip Generation Manual, the proposed museum use is not expected to generate sufficient peak-hour trips to warrant the preparation of a traffic impact analysis. In fact, the peak-hour trip generation of the proposed project is expected to be no more than that of a single-family residence. 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. Parking and traffic impacts associated with the proposed project are not expected to have adverse effects upon the immediate neighborhood, particularly with the provision of thirty-three (33) off-street parking spaces. Furthermore, it has been determined that existing foliage on the subject property does not have adverse impacts upon protected views. D. The proposed use is not contrary to the General Plan. The General Plan designation for the subject property is Residential, <1 Dwelling Unit/Acre. The proposed project will not substantially alter the residential appearance and character of the site and structures. The Socio-Cultural Element of the General Plan makes specific reference to the Harden Estate gatehouse, and includes a goal calling upon the City to "strive to protect and preserve all significant archaeological, paleontological and historical resources within the City." The proposed project would serve to preserve and protect this historic resource. E. If the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of Title 17 (Zoning), the proposed use complies with all applicable requirements of that chapter. The entirely of the City's coastal zone falls within the Natural, Socio-Cultural and Urban Appearance overlay control districts. These districts establish performance criteria for new development related to the protection of natural land and water areas (Natural); significant historical, archaeological or cultural resources (Socio-Cultural); and views, community character and aesthetics (Urban Appearance). The subject property does not contain natural land or water areas that qualify for protection under the Natural Overlay Control District. However, the proposed project is protective of historical resources and community character in a P.C.Resolution No.2016-15 Page 3 of 9 manner that is consistent with the Socio-Cultural Overlay Control District and the Urban Appearance Overlay Control District. F. Conditions, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed upon this project. These conditions include all mitigation measures identified in the Mitigated Negative Declaration for the project. Examples include (but are not limited to) limitations on exterior illumination and amplified sound for special events; requirement that any existing encroachments onto the abutting City park and nature preserve be cured within one(1)year of the commencement of use; requiring the designation of the property and structures as a local historic site; requiring final approvals from the City's Building Official and geotechnical and NPDES consultants prior to building permit issuance; limiting the hours of nighttime special events on the property; requiring Fire Department approval for any modifications to the property and structures; and requiring the provision of additional off-site parking and shuttle service for special events. 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 17.72.100 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 29, 2016, 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 amends Condition No. 6 of P.C. Resolution No. 2014- , 32 granting a new deadline of December 9, 2017 for the Applicants to establish the project and commence construction and amending Condition No. 21 of P.C. Resolution No. 2014-32 by adding language that indemnifies the City under the Coastal Permit and Conditional Use Permit (Planning Case No. ZON2014-00332), in conjunction with the adoption of a Mitigated Negative Declaration,for the"Heritage Castle Museum," located at 5500 Palos Verdes Drive South, subject to the amended Conditions of Approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 29th day of November 2016, by the following vote: AYES: Commissioners Bradley, Emenhiser, James, Leon, Nelson, Vice Chairman Cruikshank, Chairman Tomblin NOES: None ABSTENTIONS: None ABSENT: None REC A : None =410...„,„......._ David Tomblin Chairman A71171W.AilltrP Community Development Director; and, Secretary to the Planning Commission P.C.Resolution No.2016-15 Page 4 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR COASTAL PERMIT AND CONDITIONAL USE PERMIT (Ginsburg, 5500 Palos Verdes Drive South) General 1. Prior to the submittal of plans into Building and Safety plan check, 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. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. This approval is for the conversion of a 2,690-square-foot portion of the existing Harden Estate gatehouse into the "Heritage Castle Museum" and the development of thirty-three (33)off-street parking spaces within the existing developed area of the 2.06-acre site. The Director of Community Development 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 the Coastal Permit and/or Conditional Use Permit by the Planning Commission and shall require new and separate environmental review. 4. 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 RS-1 district development standards of the City's Municipal Code. 5. 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. 6. The approvals granted herein shall expire December 9, 2017 unless the project has been established (i.e., building permits obtained) and construction commenced by December 9, 2017. Upon a request by the applicant, the Planning Commission may grant a time extension after a noticed public hearing. Upon expiration of these approvals, a new Coastal Permit and Conditional Use Permit must be approved prior to further development. AMENDED PER P.C. RESOLUTION NO. 2016-15 ON NOVEMBER 29, 2016. 7. 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. P.C.Resolution No.2016-15 Page 5 of 9 8. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 9. The construction site and adjacent public and private properties and streets 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 not be 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. 10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, and 9:00 AM to 5:00 PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Friday, or before 9:00 AM on Saturday, in accordance with the permitted hours of construction stated above. Coastal Permit Conditions 11. Thirty-three (33) off-street parking spaces shall be provided, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth. The parking areas for these spaces be designed and constructed in accordance with all applicable best management practices (BMPs) related to water quality and habitat preservation. The parking areas should feature the maximum possible permeable surfaces, should control drainage so that it does not pollute or erode adjacent habitat areas, and should alter the existing topography as little as possible. 12. Any development proposal located within, adjacent to or draining into a designated Environmentally Sensitive Area (ESA) and involving the creation of two thousand five hundred square feet or more (?2,500 SF) of impervious surface shall require the review and approval by the City's National Pollutant Discharge Elimination System (NPDES) consultant prior to building permit issuance. [Mitigation Measure HYD-1] 13. All landscaping irrigation systems shall be part of a water management system approved by the Director of Public Works. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden. [Mitigation Measure HYD-2] 14. In the event that additional off-street parking is need for special events on the premises, attendees may be shuttled to the site from a remote location, with the advance approval of the Director of Community Development and the Director of Public Works. [Mitigation Measure TRA-2] 15. If needed, additional remote off-street parking for special events on the premises shall not adversely impact the public's ability to access the coast or coastal recreational resources. Parking lots at City parks within the coastal zone shall not be used for additional remote off-street parking for special events. P.C.Resolution No.2016-15 Page 6 of 9 16. The City shall be provided with at least two(2)weeks' advance notice of any special event proposing to utilize additional remote off-street parking, which must be approved by the City no later than five (5) days prior to the event. 17. Permittee is allowed to use shuttle buses and/or valet parking in order to manage parking for special events on the premises. 18. Notwithstanding Condition No. 16 above, the City shall be provided with at least one (1) weeks' advance notice of each of the special events allowed on the premises pursuant to this approval. 19. Within one (1) year of the City's approval of the proposed project, the applicant and the City shall reach and execute an agreement to eliminate any existing encroachment(s) of private improvements upon Abalone Cove Shoreline Park and the Palos Verdes Nature Preserve. The applicant shall conduct a property survey to determine the extent of such existing encroachment(s). The means to alleviate the encroachment(s) shall be a lot line adjustment between the City and the applicant. Said agreement shall be subject to the review of the State Resources Agencies, the Palos Verdes Peninsula Land Conservancy, the Successor Agency to the Rancho Palos Verdes Redevelopment Agency, and the Rancho Palos Verdes Successor Agency Oversight Board. [Mitigation Measure BIO-1] In the event that an agreement to eliminate these encroachments is not reached and executed within the 1-year timeframe—plus any time extensions that may be mutually agreed to by the applicant and the City permission to use the property for the "Heritage Castle Museum" shall be null and void, and such use shall cease. 20. The lot line adjustment between the subject property and Abalone Cove Shoreline Park shall result in the equal conveyance of approximately one-third (' ) acre between the properties, such that there is no net change in the size of either affected property. Pursuant to the City's certified Local Coastal Program and the provisions of the State Coastal Act, a coastal permit shall be approved by the City concurrent with this lot line adjustment. 21a. In granting this approval, the City hereby grants the applicant temporary permission for the use of the driveways and other encroachments upon City property, in a manner consistent with these conditions of approval, until such time as the lot line adjustment and subsequent coastal permit are approved by the City and executed. A "hold harmless" agreement shall be executed by the applicant, to the satisfaction of the City Attorney, to protect the City/Successor Agency from liability as a result of the use of the City's/Agency's property. In the event that the lot line and subsequent coastal permit are not approved for some reason, consistent with the provisions of Condition No. 19 above, said temporary permission for the use of the City's property shall be null and void, and shall be revoked. 21b. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof,from any and all claims, demands, lawsuits,writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set P.C.Resolution No.2016-15 Page 7 of 9 aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. AMENDED PER P.C. RESOLUTION NO. 2016-15 ON NOVEMBER 29, 2016. Conditional Use Permit Conditions 22. Prior to the issuance of a building permit for any modifications to the building,the applicant shall receive approval from the Los Angeles County Fire Department. [Mitigation Measure TRA-1] 23. Modifications to the structure and site for the approved use of the property shall be subject to the applicable conditions of approval recommended by the Los Angeles County Fire Department, as described in comments dated October 28, 2014, and attached hereto and incorporated herein as Exhibit `B'. 24. If required by the City geotechnical staff, the applicant shall submit a soils report, and/or a geotechnical report, for the review and approval of the City geotechnical staff. [Mitigation Measure GEO-1] 25. All other necessary permits and approvals required pursuant to the Rancho Palos Verdes Municipal Code or any other applicable statute, law or ordinance shall be obtained. [Mitigation Measure G EO-2] 26. Prior to the issuance of a building permit for any modifications to the building, the City and the applicant shall agree to designate the property and structures as a historic site for the purposes of utilizing the State Historic Building Code (SHBC). The means to accomplish said designation shall be determined and approved by the City Council. [Mitigation Measure CUL-1] 27. Maximum occupancy of the facility shall be limited to a maximum of forty-nine(49) persons at any given time—including staff, docents or other personnel for both museum tours and special events. 28. Museum hours and tours shall be limited to a maximum of four (4) hours per day, Thursdays through Sundays only between the hours of 9:00 AM and 5:00 PM. Tours shall be by advance appointment only, with no "walk-ins" permitted. Individual tours shall be docent-led and limited to a maximum of ten (10) persons. 29. A maximum of twelve (12) special events may be held at the facility during any calendar year, with no more than two (2) such events permitted in any single calendar month. Six (6) events shall be reserved for the benefit of the museum endowment and six(6) shall be reserved for the benefit of other local, non-profit groups. 30. Temporary, exterior illumination for events on the premises shall be installed in such a manner that lights are directed toward the subject property and away from surrounding residences and Abalone Cove Shoreline Park. [Mitigation Measure AES-1] 31. Temporary, amplified sound and/or music for events on the premises shall be installed in such a manner that speakers are directed toward the subject property and away from P.C.Resolution No.2016-15 Page 8 of 9 surrounding residences and Abalone Cove Shoreline Park. [Mitigation Measure NOI-1] 32. If amplified sound and/or music causes adverse impacts to neighboring properties, the applicant shall take any steps required by the Director of Community Development to eliminate such noise impacts. 33. Evening events on the premises shall cease no later than 10:00 PM. [Mitigation Measure NOI-2] 34. On-site signage shall be consistent with the provisions of Section 17.76.050 of the Rancho Palos Verdes Development Code, and shall require the approval of a sign permit prior to installation. No internally-illuminated signage is permitted. 35. Within six(6) months of the commencement of the operation of the museum, the Planning Commission shall review this approval. The Planning Commission may add, delete or modify conditions of approval based upon the outcome of this 6-month review. 36. Prior to the issuance of a building permit for any modifications to the building,the following non-permitted construction on the site shall be remedied: a. The barn shall be removed. b. The swimming pool shall be modified into a reflecting pond with a maximum depth of less than eighteen inches (<18"). c. The freestanding trellis shall be legalized. P.C.Resolution No.2016-15 Page 9 of 9