PC RES 2005-012 P.C. RESOLUTION NO. 20 -12
RESOLUTION F THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALPALOS VERDES APPROVING
CONDITIONAL USE PERMIT CAE NO. ZON2004-00666
TO ALLOWTHE TA LI M T OF A TUTORIAL
CENTER, THE PRINCETON EVIE PROPERTY
LOCATED AT 580 SILVERP A
WHEREAS, on December 20, 2004, the applicant, Princeton Review, submitted
an application for Conditional Use Permit Case No. ZON2004-00666 to allow the
establishment of a tutoring center serving up to 30 students per session; and,
WHEREAS, on January 20, 2005, the application for Conditional Use Permit
Case No. ZON2004-00666 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. ZON2004-00666 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 February 22, 2005, 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. ZON2004-00666 for 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. 2005-12
CLIP No. 2004-00666
Page 1 of 3
building; and that there is adequate off-street parking to meet the requirements
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 30 students at
any given time and the 5 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 utilize
the 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 of 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 session to 30, the hours of
operation to be limited to Monday through Thursday 4:30pm to 10:00pm,
Saturday from 10:00am to 4:00pm, and Sunday from 10:00am to 9:00pm, the
classes being offered shall not generate any noise, and the three designated
parking spaces on the subject site shall be utilized as student pick-up and drop-
off.
P.C. RESOLUTION NO.2005-12
CUP NO. 2004-00666
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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 February 22, 2005, 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 Case No. ZON2004-00666 thereby approving the establishment of a
tutoring center serving up to 30 students per session 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 22nd day of February, 2005, by the
following vote:
AYES: Karp, Mueller, Perestam, Knight, Tetreault
NOES: None
ABSTENTIONS: None
ABSENT- Gerstner
Paul Tetreault
Chairman
Joel of s. Aic
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
P.C. RESOLUTION NO.2005.
CUP NO. 2004-00666
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. ZON2004-00666
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 30 students at one time and 5 instructors. 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. ZON2004-00666 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 in these conditions, all construction shall be
completed in substantial conformance with the plans submitted and stamped
with the effective date of this approval.
P.C. RESOLUTION O. 2005-
CUP NO.ZON2004-00666
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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.
CONDITIONAL USE PERMIT CASE NO. ZON2004-00666
9. This approval shall be valid until the time that "Princeton Review of Orange
County" vacates the site or their lease is terminated.
10."Princeton Review of Orange County" shall be limited to utilizing and
operating within suite of 500 Silver Spur Road.
tot
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 session shall be 30 students.
13.The maximum number of staff members allowed per session shall be 5.
14.The applicant shall submit to the Director of Planning, Building and Code
Enforcement an official enrollment list by December 15th 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 30 students per session.
15.The hours of operation shall be as follows:
September through mid-June:
Weekdays: 4pm-9pm
Weekends: 10am-4pm (Saturday and Sunday) and 4pm-10pm (Sunday)
Mid-June through August:
Weekdays and Weekends: 10am-10pm (except no operation after Spm on
Fridays and Saturdays)
16.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 P9, lot
17.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.
18.The applicant shall ensure that parents utilize the designated three parking
spaces for pick-up and drop-off of students. The applicant shall ensure that
students are not picked-up or dropped-off in the parking isles. Cars picking-
P.C. RESOLUTION NO. 2005- 17.
CIDP NO.z® 2004-00666
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up or dropping-off the students must either park in a parking space or in one
of the designated pick-up and drop-off spaces.
19. The approval of Conditional Use Permit No. ZON2004-00666 is granted to
the applicant (Princeton Review of Orange County), and shall not be
transferred to another organization, group, etc.
20.If the applicant wishes to modify the number of student enrollment number, or
the number of staff members, or the hours of operation, or the type of classes
being offered, a revision to this CUP shall be required.
21.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. 2005-
CUP NO.ZON2004-00666
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