Loading...
PC RES 1995-0439, 0 P.C. RESOLUTION NO. 95 - 43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 389 IN ASSOCIATION WITH CONDITIONAL USE PERMIT NO. 116 - REVISION "All TO ALLOW A MAXIMUM DOWNSLOPE HEIGHT OF 41'- 3" FOR THE CLASSROOM/ADMINISTRATIVE OFFICE COMPLEX AT CHRIST LUTHERAN CHURCH AT 28850 SOUTH WESTERN AVENUE. WHEREAS, on March 8, 1995, Christ Lutheran church submitted an application for Variance No. 398 to the Department of Planning, Building and Code Enforcement for 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 there is no substantial evidence that the approval of Variance No. 389 would 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 there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property which do not apply generally to other properties in the same zoning district, since unlike the other Institutionally zoned properties in the City which are typically pad lots, the subject property slopes downward toward the rear of the site. In addition, the proposed building would be connected with the other structures on the property by covered breezeways. Therefore, due to this unusual configuration, the height of the maximum downslope height would exceed the City's 301- 011 height limit. However, the combined building height would not exceed the ridgeline of the existing sanctuary. Section 2: That the Variance is necessary for the preservation and enjoyment of a substantial property right, since there are other institutional structures located within the City exceed the 301- 011 building height limit. For example, St. John Fisher Church which is located at 5448 Crest Road is 361-611 in height. Therefore, approval of a Variance in this case would not grant the landowner a privilege which is not currently enjoyed by the existing Institutional uses within the City. Section 3:- 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 since the location and scale of the proposed project would not result a loss of privacy from the properties on either side of the subject property. In addition, since the building height would not exceed the ridgeline of the existing sanctuary, the project would not create an adverse visual impact, as viewed from the adjacent properties on the west side of Caddington Drive and Western Avenue. Section 4: That the granting of the Variance for the proposed addition will not be contrary to the General Plan because the primary use of the lot will remain Institutional; the expansion would allow the Christ Lutheran Church to improve the services available to the community and the size; and, appearance of the structure would be compatible with the existing development patterns found both on site and in the surrounding area. Section 5: 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 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 Variance No. 389 in conjunction with Conditional Use Permit No. 116 - Revision "All for the classroom/ administrative office complex to exceed the Code's maximum 301-011 downslope height by 111- 311 at the property located at 28850 South Western Avenue, subject to the conditions of approval contained in Exhibit "All of P.C. Resolution No. 95- ; which are hereby incorporated by reference and are necessary to protect the public health, safety and welfare in the area. P.C. Resolution No. 95 - 43 Page 2 of 3 PASSED, APPROVED, and ADOPTED this 24th day of October 1995, by the following vote: AYES: Commis0oners Alberio, Ferraro, Vannorsdall, Whiteneck, and Acting Chair Hayes NOES: None ABSTENTIONS: None ABSENT: Commissioner Wang n r\ Sonja odeitp*n Hayes, (Act�npgh Chairman // ) BretBe c�nard, AICP DirecVor f Pla�ing, Building, and Code Enforcement; and, Secretary to the Planning Commission (DSK#16[KKICUP116 RES) P.C. Resolution No. 95 - 43 Page 3 of 3