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PC RES 1995-042 P.C. RESOLUTION NO. 95 - 42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 116 - REVISION "A" TO ALLOW AN 18,722 SQUARE FOOT CLASSROOM/ ADMINISTRATIVE OFFICE COMPLEX AT CHRIST LUTHERAN CHURCH AT 28850 SOUTH WESTERN AVENUE. WHEREAS, on March 8, 1995, Christ Lutheran Church requested approval of Environmental Assessment No. 671 and Conditional Use Permit No. 116 - Revision "A", Variance No. 389, and Grading Permit No. 1781 to allow construction of an 18,722 square foot Classroom/Administrative Office Complex with a basement at the property located at 28850 South Western Avenue; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 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 65952 .5 (e) (Hazardous Waste and Substances Statement) , the City has prepared an Initial Study and determined that with the appropriate Mitigation Measures the approval of Conditional Use Permit No. 116 - Revision "A" would not result in potentially significant adverse effects on the environment. Accordingly, a draft Mitigated Negative Declaration was prepared and notice of that fact was given by the manner required by law; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, a public hearing was held on October 10, 1995, and October 24, 1995, before the Planning Commission of the City of Rancho Palos Verdes, 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 pursuant to the findings and mitigation measures contained in the Initial Study and Mitigated Negative Declaration prepared in conjunction with Environmental Assessment No. 671 for this project, there will be no significant adverse effect on the adjacent property or the permitted use of thereof resulting from this project since mitigation measures a described in the Mitigation Monitoring Program and additional Conditional of Approval, as deemed appropriate by the Planning Commission have been incorporated as part of this approval to reduce any impacts associated with this project to less than significant levels. Section 2 : The applicant has consulted the lists prepared pursuant to Section 65962 .5 of the Government Code and had submitted a signed statement indicating whether the project and any alternatives are located on site which is included on any such list, and has specified any such list. The Lead Agency has consulted the lists compiled pursuant to Section 65962 . 5 of the Government Code, and has certified that the development project and any alternatives proposed in this application and are not included in these lists of known Hazardous Waste and Substance Sites as compiled by the California Environmental Protection Agency. Section 3 : That the 161,536 square foot site is adequate in size and configuration to accommodate the proposed classroom/ administrative office building complex, and that the project complies with or exceeds the standards contained in Development Code Section 17 . 28 . 030. Since the proposed project will be located within the already developed area of the facility, there will be no additional impact to aesthetics, open space, and the views of the surrounding properties. Furthermore, the existing proposed structure would be consistent with the existing Institutional use on the site. Section 4: The subject property is located on Western Avenue, which is identified in the General Plan as a major arterial roadway. Traffic studies prepared for the Initial Study indicate that the proposed school expansion will generate approximately 170 additional vehicle trips spread throughout the weekday. The volume of outbound traffic during the peak lunch hour on Sundays (11: 30 to 12 : 30) would not adverse impact traffic circulation for the traffic from both the Christ Lutheran Church and the Taco Bell site. The City's Traffic Consultant confirmed that these additional number of trips would not result in significant impacts to intersection level of service on Western Avenue. As a result, the Planning Commission finds that the streets and highways are properly designed to carry the type and quantity of traffic generated by the proposed use can be made. Section 5: The Initial Study identified potential adverse effects on the surrounding uses with respect to air quality, noise, light and glare, transportation and circulation, aesthetics and cultural resources. However, in approving the project, the Planning Commission has incorporated Mitigation Measures to reduce the impacts to less than significant levels. As a result, although the site is surrounded by multi-family to the east and north P.C. Resolution No. 95 - 42 Page 2 of 10 west and commercial to the south, west, and north, when the required Mitigation Measures are fully implemented there will be no significant adverse effects on adjacent properties or the permitted uses. Section 6: That the proposed use is not contrary to the General Plan since the subject site is designated in the General Plan as an Institutional site for educational and institutional uses and no change in the land use is proposed. Furthermore, efforts to mitigation measures have been incorporated into the project approval in order to maintain a harmonious correlation with the adjacent land uses and access conditions. Since the project can be adequately mitigated to address any potential impacts to surrounding properties, the proposed school expansion would not be contrary to the objectives of the General Plan. Section 7: That in requiring certain safeguards, which are incorporated into the Conditions of Approval and Mitigation Measures for the project, the Planning Commission deems that the following requirements have been addressed to protect the public health safety and welfare: a. Standard setbacks and buffers b. Fences and/or walls c. Lighting d. Regulation of points of vehicular ingress and egress e. Regulation of noise and odors f. Requiring landscaping and maintenance thereof g. Requiring maintenance of the structure, grounds and/or signs. Section 8 : The time within which 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 9: 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 No. 116 - Revision "A" for the 18,722 square foot classroom/ administrative office complex with a basement at the property located at 28850 South Western Avenue, subject to the conditions of approval in the attached Exhibit "A" , which are necessary to protect the public health, safety and welfare in the area. P.C. Resolution No. 95 - 42 Page 3 of 10 PASSED, APPROVED, and ADOPTED this 24th day of October 1995, by the following vote: AYES: Commissioners Alberio, Ferraro, Vannorsdall , Whiteneck, and ActingChair Hayes NOES: None ABSTENTIONS: None - ABSENT: Commissioner Wang (t(-9/14, So j ed rsen Hayes Li (Ac ) Chairperson L .41!!!! Bret rnar• , AICP Dire for of Planning, Building, and Code Enfo cement; and, Secretary to the Planning Commission P.C. Resolution No. 95 - 42 Page 4 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 116 REVISION "A" 28850 WESTERN AVENUE GENERAL 1. Within thirty (30) 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 written statement shall render this approval null and void. 2 . This approval is only for the development of an 18, 722 the Classroom/ Administrative Office Complex. Any major revisions to the Classroom/Administrative Office Complex or any future development of new structures or facilities shall require approval of a revision to Conditional Use Permit No. 116 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, the Institutional development standards of the City's Municipal Code. Failure to comply with, and adhere to, all of these Conditions of Approval will be cause to revoke the approval of the project. 4 . If construction of the classroom/administrative office complex has not been initiated (Building Permits obtained) within two years or if construction has not been completed to the point of foundation inspection for the Classroom/Administrative Complex within two years of Building Permit issuance, approval of project applications 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 new Conditional Use Permit revision must be approved prior to further development. P.C. Resolution No. 95 - 42 Page 5 of 10 5. In the event that any of these conditions conflict with the recommendations and or requirements of another permitting agency or City department, the stricter standard shall apply. 6. Any new utility lines installed to serve the new building shall be placed underground from an existing power pole or other point of connection off-site. BUILDING/CONSTRUCTION 7. 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 Sunday or on legal holidays. 8. All mechanical construction equipment shall be kept well tuned and, where possible, shall be equipped with muffler devices. 9 . All mechanical equipment shall be screened and/or covered so that it is not visible or audible from adjacent residential properties. All mechanical equipment shall be located as far as possible from adjacent residential properties. Any roof mounted equipment shall be limited to the lowest height possible, and shall be subject to the review and approval of the Director of Planning Building and Code Enforcement. 10. The maximum height of the classroom/administrative office complex shall not exceed 41'-3" in height as measured from the grade adjacent to the lowest foundation (249 . 39) which is located on the northeast elevation of the property and shall not exceed 27'- 3" as measured from the highest point of existing grade (262 . 14) to the ridge (290. 64) . The Critical Ridgeline is 290.64 and Ridgeheight Certification is required. 11. The classroom/administrative office complex shall not exceed a maximum building area of 18,722 square feet. The building area shall be as follows: Basement: 3 , 854 square feet Ground Floor: 6,497 square feet Second Floor: 8, 371 square feet 12 . Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance to the plans as submitted to the City on January 25, 1995. P.C. Resolution No. 95 - 42 Page 6 of 10 13 . The classroom/administrative office complex shall maintain a 120'-0" minimum setback from Western Avenue and a 31'- 0" minimum setback from the north side property line and 115'-0" from the south side property line. 14 . During construction, the site shall be maintained free and clear of all trash and debris. All construction materials shall be neatly stored in an area substantially screened from surrounding residential properties. 15. In the event that these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter shall apply. GRADING 16. The grading operation shall be limited to that necessary to develop the classroom/administrative office complex. The maximum allowable grading shall not exceed 2 , 895 cubic yards with a maximum cut depth of 11'- 0" for the basement located underneath the building complex. Any additional grading shall be reviewed and approved (if appropriate) by the Director of Planning, Building, and Code Enforcement prior to commencement of any such (additional) activity. 17. Prior to the issuance of grading permits, the applicant shall demonstrate to the Director of Planning, Building, and Code Enforcement, that the dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code requirements which require watering for the control of dust. 18 . Construction equipment shall be fitted with emission control devices and be kept in proper tune. 19 . The project applicant shall comply with all applicable rules and regulations of the SCAQMD including regulation XV and applicable AQMP control measures as they are implemented. LIGHTING 20. All exterior lighting shall be shielded and directed downwards to prevent direct illumination of, or towards, neighboring residential and commercial properties. P.C. Resolution No. 95 - 42 Page 7 of 10 21. Within forty-five (45) days following its installation, all exterior lighting shall be subject to review and approval by the Director of Planning, Building, and Code Enforcement, and may be subject to a reduction in the lumens, or the installation of additional screening should the Director find the lighting to be excessive or intrusive on neighboring properties. LANDSCAPING 22 . Prior to submittal of plans to the Division of Building and Safety for plan check, the owner/applicant shall submit to the City a landscape planting and irrigation plan. Said plans shall be subject to review and approval by the Director of Planning, Building, and Code Enforcement prior to issuance of Building Permits. Prior to issuance of a Certificate of Occupancy or issuance of Final Building Permits, whichever occurs first, all landscaping and irrigation shall be installed in substantial conformance to the approved plans. The approved landscape planting and irrigation plans shall include the following: a. To the extent possible, native vegetation and drought tolerant plant materials shall be used. b. The irrigation plan shall utilize drip irrigation and/or bubblers wherever possible. c. The landscape planting plan shall include species sufficient to provide a buffer and screen the subject property, including the buildings and parking lot areas, from neighboring residential properties. PARKING 23 . All on-site Parking spaces shall be provided in accordance with the plans submitted to the City on January 20, 1995, and the front parking lot shall have 100 striped spaces and the rear parking lot shall have 43 unstriped spaces including a total of 4 handicap, 72 standard, and 59 compact spaces. 24 . On site directory signage shall be provided to facilitate pedestrian and vehicular circulation. Colors and materials of such signs shall be harmonious with building materials. This signage shall be a part of a comprehensive sign program for the site. P.C. Resolution No. 95 - 42 Page 8 of 10 TRAFFIC 25. In order to ensure that adequate storage length (queueing) is provided for vehicles making left turns and U-turns from the southbound median turn pocket on Western Avenue at Caddington Drive, the applicant (Christ Lutheran Church) shall post a bond for 100 percent of the cost of extending the pocket (not to exceed $34, 000; including permit costs, monitoring and review costs, material costs, etc. ) in a form subject to the review and approval of the Director of Public Works. 26. I f both the Taco Bell project and the Christ Lutheran project are constructed, and it is determined that the turn pocket must be lengthened (Condition 27) , 45% of the total cost for lengthening of the pocket shall be paid by the Christ Lutheran Church. The remaining 55% of the total cost shall be paid by the Taco Bell (28798 Western Avenue) . Any of the excessive fees associated with Condition No. 25 shall be refunded to the appropriate party. Should only one of the projects (Taco Bell or Christ Lutheran Church) come to fruition, that project shall be responsible for paying the entire cost of lengthening the turn pocket, if it is deemed necessary. 27. Monitoring shall occur during the next five years to evaluate the vehicle storage capacity (Condition 25) and the pocket shall be extended if monitoring shows a need to extend the pocket. The applicant/landowner shall perform the necessary monitoring on a yearly schedule, commencing one year from the date of issuance of a Certificate of Occupancy for the project, and shall provide the City with the findings,and appropriate information thereof, for review by the City's Traffic Consultant. 28. Approval from the California Department of Transportation (CALTRANS) to make modifications to the southbound left turn lane (and median) on Western Avenue at Caddington Drive shall be obtained by the applicant/landowner. 29 . The City's traffic consultant will review the line of sight issues and the applicant shall follow any recommendations including, but not limited to, modification to the landscaping adjacent to the street along the property's frontage and installation of signage at a proper height that will provide appropriate visibility as a condition of development. P.C. Resolution No. 95 - 42 Page 9 of 10 30. No modification to the location of the site's existing ingress/egress driveways shall be made. MISCELLANEOUS 31. Drainage patterns on the site shall be subject to the review and approval of the City Engineer to ensure that adequate drainage is provided across the site. 32 . A certified and professional archeologist shall be present during the grading for the project. 33 . The grading for the project shall cease pending any findings made by the professional archeologist. Any findings made shall be immediately referred and/or submitted to the Director of Planning Building and Code Enforcement for further review. 34. The height of the extension wall along the south side of the Taco Bell property line shall be agreed upon (in writing) with officials from the Christ Lutheran Church. If parties cannot reach an agreement, the Director of Planning, Building, and Code Enforcement shall determine the height. (A:DSK##16[IK]CUP116.RPS) P.C. Resolution No. 95 - 42 Page 10 of 10