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PC RES 1992-044P.C. RESOLUTION NO. 92-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 635 AND APPROVING CONDITIONAL USE PERMIT NO. 168, VARIANCE NO. 329, AND GRADING PERMIT NO. 1627 TO ALLOW EXPANSION OF THE EXISTING FACILITIES AND CONSTRUCTION OF A NEW SANCTUARY AT 26231 SILVER SPUR (ASCENSION LUTHERAN CHURCH). WHEREAS, Ascension Lutheran Church has submitted a Conditional Use Permit application requesting to expand the existing facilities and construct a new sanctuary with a total square footage of 3,207 square feet of new floor area, a Variance application to allow joint use of the parking facilities with the use of tandem parking spaces in an existing parking area located in the front setback and a retaining wall and guardrail with a combined height of approximately 13.5 feet, and a Grading permit to allow 218.3 cubic yards of grading for construction of the new sanctuary and for realignment of the existing driveway; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing was held on June 23, 1992 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: That the proposal will have no significant adverse effect on the environment because the grading for the project will occur in areas previously disturbed for construction of the existing facilities, and not within the natural canyon located adjacent to the site. While construction of the new sanctuary and conversion of the existing sanctuary into a Fellowship Hall will increase parking requirements per Development Code standards, the use of tandem parking on the site is consistent with the City's joint parking standards. A view analysis has been conducted from adjacent properties located in Rolling Hills Estates and it has been determined that construction of the proposed structure and related appurtenances will not significantly impair the view from adjacent properties or public viewing areas. Section 2: That because the proposed construction will occur in the existing amphitheater area which has already been developed for church uses, the building setbacks for the new construction will not exceed Development Code Standards, and the proposed maximum 0 • height of the structure is less than that permitted in the Institutional zoning district with a Conditional Use Permit, the 3.83 acre site is adequate in size and shape to accommodate the proposed use. Section 3: That the site for the proposed use is adequately served by Silver Spur Road which fronts the subject property and is a fully developed roadway identified in the General Plan as a major arterial roadway for ingress and egress purposes which is properly designed to carry the type and quantity of traffic generated by the project. Section 4: In approving the construction at the subject property there will be no significant adverse effect on adjacent property because the height of the structure and the location of the cross above the ridgeline will not cause significant view impairment. Section 5: That the property, which is zoned for Institutional purposes and is identified in the General Plan as an Institutional site for religious purposes, will continue to be used as a church and is therefore not contrary to the General Plan. Section 6: Because the applicant will be required to submit an exterior lighting plan and comply with all recommendations, if any, of the Division of Building and Safety and the City Geologist, the project will provide the minimum necessary safeguards to protect the health, safety, and general welfare. Section 7: That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other property in the same zoning district which warrant the granting of this variance because the existing facilities and parking lot within the front setback were constructed prior to incorporation of the city in such a manner as to avoid the extreme slope areas on the property. Modifications to meet the minimum parking standards without tandem parking would require construction within an extreme slope or other setback areas on the property. A Use Restriction Covenant per Section 17.44.050(C) of the Development Code is not necessary to ensure that there is no substantial conflict for parking on the site with the joint use of the sanctuary and Fellowship Hall because the nature of the use is such that both facilities are not likely to be used simultaneously to capacity. The unusual physical configuration of the parking lot above the amphitheater area requires installation of a guardrail on top of the new 10.5 foot retaining wall per Building Code requirements because the change in elevation between the two areas is greater than 30 inches. Section 8: That such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district because the site has been used as a church facility with the existing parking lot P.C. Resolution No. 92-44 Page 2 of 6 configuration within the front setback since prior to incorporation of the City. A similar church facility located on Crest Road and Crenshaw Boulevard, also within the Institutional zoning district, has been granted the use of a tandem parking configuration. Because similar religious facilities located in the same zoning district enjoy full use of their parking lot without a covenant restricting joint use of the buildings, recordation of such a covenant would prevent the applicants from enjoying the property in a manner enjoyed by others under like conditions. Tandem parking and joint use of the parking facilities on this property, located in the Institutional zoning district, is acceptable because the nature of the use is unique in that use of the parking spaces on the site will occur at different times during the day among the various buildings which serve different aspects of the facility. The required railing on top of the retaining wall will provide for improved safety and is required by the Building Code. Section 9: That 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 because, while the total number of vehicles parking on the site will increase, the total paved area for parking facilities on the property will not significantly change in configuration from that currently existing. Also, the number of tandem parking spaces proposed is adequate to accommodate the parking which will be generated by the uses on the site. Conditions of approval have been incorporated which require vegetative planting to buffer and screen the parking lot from adjacent properties and the public right-of- way. Installation of the required safety railing on top of the retaining wall will improve the public safety and allow the applicant to conform to Building Code requirements. Additionally, the applicant will be required to monitor events on the site to ensure that an adequate number of on-site parking spaces will be available for all users of the site. Section 10: That 218.3 cubic yards of grading is not excessive beyond that necessary for the primary use of the lot because, with exception to approximately 7.3 cubic yards of export, the grading will be balanced on site. Section 11: The grading will not significantly adversely affect the visual relationships with, nor the views from neighboring sites because the retaining walls necessary for construction of the new sanctuary and realignment of the driveway will not be visible from adjacent properties or the public right-of-way. Section 12: That because the grading will occur in areas previously disturbed during construction of the existing facilities and not within the extreme slope areas on the property, the nature of the grading minimizes disturbance to the natural contours. P.C. Resolution No. 92-44 Page 3 of 6 0 0 Section 13: For the foregoing reasons and based on the information and findings included in the Staff Report and records of the proceedings, the Planning Commission hereby adopts the Negative Declaration for Environmental Assessment No. 635 and approves Conditional Use Permit No. 168, Variance No. 329, and Grading Permit No. 1627 to allow expansion of the existing facilities, construction of a new sanctuary, tandem parking within the front setback, and a retaining wall and guardrail with a combined height of approximately 13.5 feet subject to the conditions of approval in Exhibit "All which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED, and ADOPTED this 14th day of July, 1992. Dudley 0(nderdonk, Director Environmental Services and Secretary to the Commission L I P.C. Resolution No. 92-44. Page 4 of 6 EXHIBIT "All CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 168 VARIANCE NO. 329, GRADING PERMIT NO. 1627 ENVIRONMENTAL ASSESSMENT NO. 635 1. Within thirty (30) days of this approval, the applicant and the landowner shall submit, in writing, a statement that they have read and understand all conditions of approval contained in this exhibit. Failure to provide such a statement shall render this approval null and void. 2. Unless the Department of Fish and Game determines that this project is exempt from a filing fee of $1,250.00 imposed pursuant to Fish and Game Code Section 711.4, the applicant shall submit to the City payment of such fee made payable to the County Clerk of Los Angeles, along with the County's documentation handling fee of $25.00 within 48 hours after project approval. The applicant shall also be responsible for payment of any fines the Department of Fish and Game determines to be owed. Project approval is not operative, vested, or final until the filing fees are paid or a Certificate of Fee Exemption is properly completed. A minimum fee of $25.00 made payable to the County Clerk of Los Angeles for documentation handling shall be submitted to the City within 48 hours of project approval for processing of the Certificate of Fee Exemption (De Minirqus Impact Finding). 3. Prior to issuance of Building Permits, the landowner shall submit an exterior lighting plan for review and approval by the Director of Environmental Services. All lighting shall be directed downwards and shielded to prevent illumination of or towards adjacent properties. No pole mounted lights shall be permitted within the parking lot. Within the parking lot area, the applicant may erect bollard type lighting with a maximum height of 42 inches. All lighting shall conform to Section 17.54.030 of the Development Code. 4. The maximum height of the proposed sanctuary, including all appurtenant features shall not exceed 27.5 feet. The maximum ridge elevation shall not exceed 662.64 feet. CRITICAL - RIDGE CERTIFICATION REQUIRED. A cross with a maximum elevation of 665.14 feet may be permitted above the ridgeline. CRITICAL - RIDGE CERTIFICATION REQUIRED. The individual members of the cross shall have a width not exceeding three inches. P.C. Resolution No. 92-44 Page 5 of 6 5. Prior to issuance of Building Permits, the landowner shall submit a detailed landscaping planting and irrigation plan for the developed areas and parking lot subject to review and approval by the Director of Environmental Services. Said plan shall include a minimum of 80 percent drought tolerant plant materials in all landscaped areas and shall utilize drip irrigation for all high water use areas and for all trees. The planting plan shall include vegetative material within the public right-of-way sufficient to screen the parking area located adjacent to Silver Spur Road, subject to review and approval by the Directors of Environmental Services and Public Works. 6. Prior to issuance of Building Permits, the landowner shall submit to the City a Covenant to Maintain Property to Protect views. 7. The maximum height of the retaining wall located between the new sanctuary and existing parking lot shall not exceed 10.5 feet. A guardrail which meets the minimum Building Code requirements shall be installed on top of the retaining wall. All other retaining walls shall meet the requirements of Section 17.50.070 of the Development Code. 8. Submittal of a Use Restriction Covenant to show that there is no substantial conflict in the principal operating hours of the sanctuary and Fellowship Hall for joint parking consideration shall not be required. However, it shall be the responsibility of the church to ensure that joint uses of the sanctuary and Fellowship Hall do not cause a deficit in the number of parking spaces available on the site. Failure to restrict uses on the site so that parking is available for all users of the facilities may result in the City requiring submittal of a Use Restriction Covenant or initiating proceedings to revoke this permit. P.C. Resolution No. 92-44 Page 6 of 6