PC RES 2006-055 RESOLUTION . 2006-55
RESOLUTION OF THE PLANNINGCOMMISSION F THE
CITY OF RANCHO PALOSVERDES APPROVING
CONDITIONAL SE PERMIT NO. 101 — REVISION ff yy
9
THEREBY ALLOWING THE TERRACES SHOPPING
CENTERTO ALLOW A PRIVATEEDUCATIONAL E,
LOCATED T 28901 WESTERN AVENUE
WHEREAS, on July 17,2006, the applicant submitted Case No. ZON2005-00372, a
request to revise the shopping center's existing Conditional Use Permit No. 101 —Revision
"K" (CIDP) for the site to request the inclusion of a private educational use on-site.
WHEREAS on August 10, 2005 and September 5, 2006, the project was deemed
complete by Staff upon submittal of the required information; and,
WHEREAS, on September 21, 2006, upon the submittal of all required materials,the
application was deemed to be complete for processing; and
WHEREAS, pursuant to the provision 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), Staff found no evidence that Conditional Use Permit No. 101 — Revision "K"
would have a significant effect on the environment or result in a modificatio of the shopping
center's original Final Negative Declaration and Mitigation Measures approved under
Environmental Assessment No 477 in September 1986. Therefore, the proposed project
has been found to be categorically exempt (Class 1, Section 15301(e)(1)); andthe 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 Case No. ZON2005-00536, otherwise known as General Plan Amendment,
Zone Change, Coastal Specific Plan Amendment, Vesting Tentative Tract Map No. 67532,
Coastal Permit, Variance, Grading, and ZON2006-00178 through ZON2006-00182,
otherwise known as Height Variation applications for the proposed Lots 1 through 5,would
result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated
Negative Declaration was prepared 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 November 14, 2006, 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 HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The site for the intended use is adequate in size and shape to
accommodate said use and for all of the yards, setbacks,walls or fences, landscaping and
other features required by this title or by conditions imposed under this section. The
proposed private educational use will be between the hours of 3PM to 7PM on Monday
through Thursday, and from 9AM to 12PM on Saturday. Using the Shared Parking
Program, approved under Conditional Use Permit No. 101 —Revision"K"in 1994, adequate
parking for the proposed private educational use will generate a total parking demand of
754 parking spaces. Further, since no new structure footprint is proposed, the existing
building of the shopping center has adequate rear setback and existing landscaping to
provide a buffer between the use of the commercial building and adjacent residential
neighborhood.
Section : The site for the proposed use relates to streets and highways properly
designed to carry the type and quantity of traffic generated by the subject use because the
shopping center was evaluated for traffic impacts under the original Conditional Use Permit
No. 101 and Environmental Assessment No. 477. The surrounding street system was
found to adequately serve the existing uses at the shopping center.
Section : In approving the subject use at he specific location, there will be no
significant adverse effect on adjacent property the proposed use will complement the
shopping center's current mixture of commercial uses.
Section 4: The proposed use is not contrary to the General Plan because the
Terraces Shopping Center is designated under the General Plan as commercial retail and
the proposed private educational use is permitted in the Commercial General (CG)zoning
district.
Section : In requiring the certain safeguards listed in the following paragraph,the
Planning Commission deems said requirements to be the minimum necessary to protect
the health, safety, and general welfare: special setbacks and buggers, fences and/or walls,
lighting, regulation of points of vehicular ingress and egress, regulation of noise, vibration,
odors, landscape and maintenance requirements, service road or alley requirements, and
other such conditions to make development in an orderly and efficient manner in the City,
because the proposed project is conditioned with the following item:
Maintenance of the structure, fagade changes, and new signage will be
addressed as part of the tenant improvement building permits which will be
required for the proposed private educational use to occupy the suite. All interior
remodeling will be subject to a building permit and new signage will be
processed by the Planning Division in compliance with the approved Signage
Program for the Terraces Shopping Center.
Section : Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing stating
the grounds of the appeal and with the appropriate appeal fee, no later than 5:30 P.M. on
November 29, 2006.
P.C. Resolution No. 2006-!55
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PASSED, APPROVED, AND ADOPTED this 14th day of November 2006, by the following
vote:
AYES: Perestam, Tetreault, Knight, Gerstner, Karp, Ruttenberg, LeTbis
NOES: None
ABSTENTIONS: None
ABSENT: None
m Kni
lanninrcommission Chairman
Joel AICP
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Code force FU; and, Secretary
to the Planning Commission
P.C. Resolution No. 2006-55
Page 3 of 3
EXHIBIT "B"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 101 — REVISION "K"
GENERAL
1. Within ninety (90) days of this approval, the applicant and/or 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 approval. Failure to provide
said written statement within ninety (90) days following the date of this approval
shall render this approval null and void.
2. All conditions of approval from the previous revisions to Conditional Use Permit
No. 101, Revisions A through J, shall continue to apply, unless modified by any
of the following conditions of approval for the proposed project.
3. This approval is to allow a private educational use at the Terraces Shopping
Center on Level 2. The Sylvan Learning Center will occupy Suite No. 209 near
the south end of the building from 3 PM to 7PM, Monday through Thursday, and
from 9AM to 12PM on Saturday.
4. Except for Trader Joe's grocery store, Kinko's copy store, movie theater,
restaurant uses, and Bally's health club, which all have specifically approved
hours of operation, the hours of operation for the Terraces Shopping Center shall
remain unchanged, from 7AM to 12AM, everyday.
5. Prior to finalizing any future lease agreements with any potential tenants, the
applicant shall submit to the Director of Planning, Building and Code
Enforcement, an updated tenant list (rent roll) for the shopping center which
includes the potential tenant. The applicant shall also update the leasable areas
and parking counts in the "Shared Parking Program — Parking Demand Tables"
and submit to the Director for verification that updated number of uses at the
shopping center will not exceed the 774 available parking spaces. Once the
number and/or square foot of the uses at the shopping center and corresponding
parking demand maximize the total 774 parking spaces available, the applicant
shall agree that no additional tenants will occupy the shopping center,
until/unless either additional parking spaces are provided or the tenant mix of the
uses is adjusted as not to exceed the 774 parking spaces available at the
shopping center.
6. New signage for the future tenant of the private educational use shall require a
Sign Permit issued by the Planning Division, subject to the Terraces Shopping
Center Signage Program.
7. No increase to the existing building footprint or grading activity on any level of the
shopping center is approved as part of this CUP revision.
Exhibit "B"
Resolution No. 2006-55
Page 1 of 2
8. In the event that a Planning requirement and Building and Safety requirement are
in conflict with one another, the stricter shall apply.
9. The hours of construction shall be limited to 7AM to 7PM, Monday through
Saturday only.
10. The Director of Planning, Building and Code Enforcement 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
changes to the project shall require approval of a revision to the Site Plan Review
by the Planning Commission and shall require new and separate environmental
review.
Exhibit "B"
Resolution No. 2006-55
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