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CC RES 1998-007 RESOLUTION NO. 98-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION IN APPROVING VARIANCE NO. 388 FOR CONSTRUCTION OF A NEW 2,065 SQUARE FOOT, ONE STORY VISITORS CENTER LOCATED WITHIN THE REQUIRED SIDE SETBACK AREA ON PROPERTY LOCATED AT 5755 PALOS VERDES DRIVE SOUTH, WITHIN THE BOUNDARIES OF THE CITY'S LANDSLIDE MORATORIUM AREA WHEREAS, on September 20, 1994, the City Council of the City of Rancho Palos Verdes approved Landslide Moratorium Exception No. 10 to allow the Wayfarers Chapel to proceed with the submittal of appropriate applications for construction of a new 2,400 square foot two-story Visitors Center to replace a similar structure which was located at a different location on the subject property that had been damaged by landslide activity on property located at 5755 Palos Verdes Drive South, which is located within the boundaries of the City's Landslide Moratorium Area; and, WHEREAS, on February 8, 1995, pursuant to the approval of Landslide Moratorium Exception No. 10 by the City Council, the Wayfarers Chapel submitted applications for Conditional Use Permit No. 185, Variance No. 388, and Grading Permit No. 1793 to allow construction of a new 2,400 square foot two-story Visitors Center, improvements to an existing amphitheater area, and remedial grading on the subject property; and, WHEREAS, on October 17, 1996, the Wayfarer's Chapel submitted a revised plan that consisted of a 2,065 square foot one story structure, improvements to an existing amphitheater, and remedial grading for the structure; and, WHEREAS, the Institutional zoning district in which the subject property is located allows for the continued use of the subject property as a religious facility, as well as for the expansion of the facilities for related uses; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (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 and project approval, there is no substantial evidence that the approval of Conditional Use Permit No. 185, Variance No. 388, and Grading Permit No. 1793 would result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and, WHEREAS, in accordance with the requirements of the California Environmental Quality Act, a Mitigation Monitoring Program has been prepared, and is attached hereto by Resolution No. 98-07 Page 1 of 5 reference; and, WHEREAS, after issuing notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines, the Planning Commission of the City of Rancho Palos Verdes held a public hearing on July 11 and 25, 1995, August 2 and 8, 1995, September 12, 1995, December 12, 1995, January 23, 1996, February 3, 1996, March 12, 1996, April 23, 1996, June 11, 1996, September 10, 1996, October 22, 1996, November 12, 1996, August 26, 1997, September 9, 1997, and November 11 and 25, 1997, at which time all interested parties were given an opportunity to be heard and p resent evidence. WHEREAS, on November 25, 1997, the Planning Commission approved Conditional Use Permit no. 185, Variance No. 388, Grading Permit No. 1793, and Environmental Assessment No. 676; and, WHEREAS, on December 10, 1997, an appeal was filed in regards to the Planning Commission's decision; and, WHEREAS, after issuing notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines, the City Council of the Cit y of Rancho Palos Verdes held a public hearing on February 3, 1998, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: Section 1: Although the site is 151,589 square feet in area, in order to lessen risks associated with landslide movement, minimize the number of on-site parking spaces lost due to construction, and provide adequate circulation around the facility, the applicant has proposed construction of the new Visitor's Center building within the required side yard setback area, adjacent to the western side property line. In approving Variance No. 388, the City Council finds that the existing landslide conditions on the property severely limit the area in which new construction may occur, which is not typical for other properties located in the Institutional zoning district. In addition, the configuration of the existing parking and circulation on the site limits the areas available for new construction to occur. For this reason, the City Council finds that there are exceptional or extraordinary conditions on the subject property which warrant the granting of the Variance for reduction in the required side yard setback. Section 2: That such a variance is necessary for the preservation and enjoyment of a substantial property right, which right is possessed by other property owners under like conditions in the same zoning district since, in order to maximize the public benefit, it is typical that other religious facilities in the community provide similar services on the same property as the church or sanctuary. For this reason, the City Council finds that the Variance is necessary for the preservation and enjoyment of a substantial property right, which is currently enjoyed by other Institutional/religious uses in the City. Section 3: The Initial Study prepared for this project indicated that there may be Y impacts related to Earth, Noise, Light and Glare, Transportation/Circulation, Aesthetics, and Cultural Resources resulting from the proposed construction. However, imposition of certain Resolution No. 98-07 Page 2 of 5 Mitigation Measures as identified in the Initial Study should reduce these impacts to less than significant levels. In consideration of the fact that the subject property is located within the boundaries of the Landslide Moratorium Area, the applicant prepared the necessary geologic studies for the proposed construction prior to approval of the project, which provide evidence that the proposed project will not aggravate the existing geologic conditions, nor adversely impact adjacent properties. The geologic studies were reviewed and approved by the City's Geotechnical Staff on October 11, 1995. Conditions of Approval have been imposed which require landowners to comply with all recommendations and requirements of the City's Geotechnical Staff, as well as those of the Division of Building and Safety. Additionally, all drainage deficiencies on the property which are contributing to the failure of a landslide scarp 9 located towards the eastern side of the property shall be corrected, and the Chapel will be required to connect to the City's new sewer system, upon completion in the general area of the Chapel property. View analyses have been conducted from surrounding properties, and the proposed construction will not significantly impact views. Therefore, the granting of the Variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. Section 4: The General Plan designates the subject property for Institutional/Religious uses. Since the property will continue to be used for religious purposes, and no change in land use is proposed, the project is not contrary to the General Plan. The subject property is not located within the boundaries of the State's established Coastal Zone. Section 5: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 6: For the foregoing reasons and based on information and findings contained in the Staff Reports, minutes, and records of the proceedings, which are all attached hereto by reference, the City Council hereby approves Variance No. 388 to allow construction of a new 2,065 square foot, one story Visitors Center within the required side yard setback area on the Wayfarers Chapel property located at 5755 Palos Verdes Drive South, subject to Conditions of Approval contained in the attached Exhibit"A", which are necessary to protect the public health, safety, and welfare. Resolution No. 98-07 Page 3 of 5 PASSED, APPROVED, and ADOPTED this 17th day of February, 1998. MAYOR AT ST: .i.J _ Cif CLERK STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CITY OF RANCHO PALOS VERDES } I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 98-07 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on Febru- . 17, 199-: CITY CrK Resolution No. 98-07 Page 4 of 5 EXHIBIT"A" CONDITIONS OF APPROVAL VARIANCE NO. 388 5755 PALOS VERDES DRIVE SOUTH WAYFARERS CHAPEL General 1. Within thirty (30) days of this approval, landowner shall submit to the City a statement, in writing, that they have read, understand, and agree to all Conditions of Approval contained in this document. Failure to provide such statement shall render this approval null and void. 2. The landowner shall comply with all Mitigation Measures and Conditions of Approval contained in Resolution Nos. 98-05 and 98-06 granted in association with Environmental Assessment No. 679 and Conditional Use Permit No. 185 and all Conditions of Approval for and Grading Permit No. 1793, as well as with all Conditions of Approval of Landslide Moratorium Exception No. 10, as approved by the City Council on September 20, 1994. 3. The Visitor Center building shall be setback a minimum of 4'-0"from the side property line at the northwest corner of the structure and 10'-8"from the side property line at the southwest corner of the structure. Certification of minimum setbacks is required at the time of building foundation form inspection. 4. All construction shall be completed in substantial conformance to the plans as approved by the City Council on February 17, 1998. 5. The landowner shall comply with all recommendations and requirements of the Division of Building and Safety, and the City's Geotechnical Staff. N:\GROUP\PLANNING\RESOS\PC\REVAR388.PC Resolution No. 98-07 Page 5 of 5