PC RES 2008-017 P.C. RESOLUTION NO. 2008-17
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF RANCHO PALOS VERDES
OVERTURNING THE STAFF DETERMINATION, THUS
UPHOLDING THE APPLICANT'S APPEAL AND
DETERMING THAT THE FLS
INTERNATIONAL/MARYMOUNT COLLEGE SUMMER
PROGRAM IS BEING CONDUCTED IN COMPLIANCE
WITH CONDITION NO. 9 OF CONDITIONAL USE
PERMIT NO. 9 REVISION 'C' OF THE CONDITIONAL
USE PERMIT FOR MARYMOUNT COLLEGE
LOCATED AT 30800 PALOS VERDES DRIVE EAST.
WHEREAS, on September 2, 1975, the City Council adopted Resolution
No. 75-73 allowing the "operation of a non-profit, two-year liberal arts community
college: and,
WHEREAS, between 1975 and 1990, the City received periodic
complaints from neighbors who contended that the College was operating
commercial programs_beyond the scope of the use that was approved by the City
Council in 1975; and
WHEREAS, on November 20, 1986, then-College President, Dr. Wood,
provided the City with a list of campus activities that included "Summer Rentals"
consisting of international student groups enrolled in English as a Second
Language (ESL) classroom programs along with occasional access to the
campus pool for recreational purposes, which was neither authorized nor
disallowed by City Staff or the City's Planning Commission or the City Council;
and
WHEREAS, on April 17, 1990, the City Council adopted Resolution No. 90-
20, approving with conditions, the expansion of the student union, among other
things. The conditions of approval adopted by the City Council included
Condition No. 9, which states: "any commercial use of the campus, including
sub-leasing, shall require an amendment to this Conditional Use Permit;" and,
WHEREAS, on November 27, 2007, during public testimony on the
College's Draft Environmental Impact Report for the College's Facilities
Expansion project, also known as CUP No. 9 Revision "E," members of the public
raised the question of whether a summer program proposed to be conducted by
FLS International and Marymount College, which includes ESL instruction ("the
Program") during the Summer of 2008 is a commercial use that would violate
Condition No. 9; and,
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WHEREAS, on December 14, 2007, City Staff sent a letter to the College
requesting further information about the Program; and,
WHEREAS, on January 10, 2008, the College submitted an explanation,
with attachments, of the Program; and,
WHEREAS, on February 29, 2008, Staff determined that the Program was
being conducted in violation of Condition No. 9 of CUP No. 9 Revision "C,"
finding that the program was a separate commercial enterprise being operated by
FLS International at Marymount College; and,
WHEREAS, on March 11, 2008, the College filed an appeal of City Staff's
determination based on nine points; 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 April 22, 2008, at which time all interested parties, including
representatives from the College (appellant), were heard and presented evidence
regarding the appeal;
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1 : The evidence in the record demonstrates that the Program
includes ESL instruction and instruction in other activities such as cinema, which
are educational in nature.
Section 2: The Commission interprets the phrase "commercial use" in
Condition 9 consistently with the commercial uses described in the Rancho Palos
Verdes Municipal Code (i.e., the commercial uses described and permitted in the
City's various "Commercial" districts as set forth in RPVMC Chapters 17.12
through 17.22), as well as the common meaning ascribed to the word
"commercial." Accordingly, the Commission finds that the Program is not a
commercial use and is an educational use that is permitted on campus in
accordance with CUP No. 9 Revision "C."
Section 3: The Commission finds that the Program is consistent with the
City's Institutional zoning district that allows for educational uses, under the
operation of a conditional use permit. Accordingly, Marymount is not required to
obtain an amendment to its CUP in order to continue offering the Program during
the summer on the Marymount College campus.
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 overturns
City Staff's determination thereby upholding the appellant's appeal by
determining that the Program is in compliance with CUP No. 9 Revision "C" and
is not in violation of Condition No. 9, because the Program is an educational, as
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is not in violation of Condition No. 9, because the Program is an educational, as
opposed to a commercial use, of the campus facilities.
Section 5: Any interested person who is aggrieved by this decision or by
any portion of this decision may file an appeal to the City Council. Pursuant to
Section 17.60.060 of the Rancho Palos Verdes Municipal Code, any such appeal
must be filed with the City, in writing, setting forth the grounds of the appeal and
any specific actions requested by the appellant, and accompanied by the
appropriate appeal fee, no later than fifteen (15) days following May 13, 2008,
the date of the Planning Commission's final action.
PASSED, APPROVED, AND ADOPTED this 13th day of May 2008, by the
following vote:
AYES: Chairman Perestam, Vice Chairman Lewis, and Commissioners Gerstner,
Ruttenberg and Tomblin
NOES: Commissioners Knight and Tetreault
ABSTENTIONS: None
ABSENT: None
Stephen Perestam Chairman
.411116411111
Joel R. AICP
Direct. • Plannin., Building
and Co• - Enforcement; and,
Secretary to the Planning
Commission
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