PC RES 1997-003P.C. RESOLUTION NO. 97-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 408 TO ALLOW A REDUCTION IN THE
AMOUNT OF REQUIRED PARKING SPACES AND FOR A
PROPOSED PORTION OF THE CLASSROOM ADDITION TO
BE CONSTRUCTED AT 5' FROM THE SIDE YARD
PROPERTY LINE ON PROPERTY LOCATED AT 5721
CRESTRIDGE ROAD
WHEREAS, on September 14, 1976, the Planning Commission of the City
of Rancho Palos Verdes approved Conditional Use Permit No 17, Variance No 8,
Grading Application No 83, and Environmental Assessment No. 296 to allow the
construction of a 7,304 square foot classroom building and a 6,640 square foot
sanctuary building The variance was approved for a reduced side yard setback and
for a reduction in the number of required parking spaces The approval also
referenced a Phase II Social Hall of undetermined size. These approvals were for
Congregation Ner Tamid at the subject location of 5721 Crestridge Road; and,
WHEREAS, on March 18, 1996, the Congregation Ner Tamid submitted
applications for Conditional Use Permit No. 17 - Revision A, Variance No 408, Grading
Application No. 1874, and Environmental Assessment No 683 to the City, and,
WHEREAS, the Institutional/Open Space Hazard zoning district in which the
subject property is located allows for the continued use of the subject property as a
religious facility, as well as for the expansion of the facilities for related uses, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et seq ("CEQA:), the State CEQA
Guidelines, California Code of Regulations, Title 14, Sections 15000 et seq., the City's
Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste
and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study
and determined that, by incorporating mitigation measures into the Negative
Declaration and protect approval, there is no substantial evidence that the approval of
Conditional Use Permit No 17 - Revision A, Variance No. 408, and Grading Application
No 1874 would result in a significant adverse effect on the environment Accordingly,
a Draft Mitigated Negative Declaration has been prepared and notice of that fact was
given in the manner required by law, and,
WHEREAS, the Initial Study was prepared on November 14, 1996 and
distributed for circulation and review from November 18, 1996 through December 9,
1996, and,
WHEREAS, in accordance with the requirements of the California Environmental
Quality Act, a Mitigation Monitoring Program has been prepared, and is attached to
Resolution No 97-1, as Exhibit "A"; and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the Planning Commission of the
City of Rancho Palos Verdes held a public hearing on November 12, 1996, and
December 10, 1996 and January 14, 1997, 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 HEREBY FINDS, DETERMINES, AND RESOLVES AS
FOLLOWS
Section 1 That there are exceptional or extraordinary circumstances or
conditions applicable to the subject property or the intended use of the property, which
do not apply generally to other property in the same zoning district, because in regards
to the variance for parking the proposed additions/use will not result in an increase in the
number of parishioners attending the Congregation, but instead, will only accommodate the
Congregation's events in a more efficient and comfortable manner, and joint use parking
agreements with nearby property owners (Church of Jesus Christ of Latter -Day Saints, The
Canterbury, Peninsula Baptist Church, and the Palos Verdes Art Center) permit off-site
parking in nearby parking lots, and the project is conditioned to have an annual review to
ensure that there will be no significant parking impacts. In regards to the reduction in the side
yard setback, because of an existing 25'-0" wide access easement which runs along the
entire length of the west property line, the property owner does not have the full usage
of the property for construction purposes, as do other properties under the same zoning
designation.
Section 2* That such a variance is necessary for the preservation and
enjoyment of a substantial property right, which right is possessed by other property
owners under like conditions in the same zoning district, because in regards to parking,
the proposed additions will not substantially increase the use on the property and
therefore the additions can be constructed so that the applicant/parishioners can enjoy
a substantial property right of being able to develop the site to meet their needs In
regards to the reduced side yard setback, the proposed 16'-0" long, two-story addition
that is the subject of this component of the Variance request could be considered a
fairly minor improvement to the existing 153'-4" long, two-story classroom building
which had already created a precedent for a reduced setback
Section 3- 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 in regards to the parking variance, the proposed additions
P.C. Resolution No 97-3
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will not create any substantial increase in the number of new parishioners, and therefor
the existing use and demand for parking will not substantially change. In regards to the
side yard setback variance, given the size and location of the existing classroom
building and the proportionally small increase in the amount of the building that would
encroach into the required setback area, the proposed addition will not cause any
substantial impacts or be materially detrimental to the public welfare or injurious to
property and improvements in the area or to the adjacent property now or in the future
Section 4- That the granting of such a Variance will not be contrary to the
objectives of the General Plan or the policies and requirements of the Coastal Specific
Plan, because the General Plan designates the subject property for Institutional/
Religious uses and the property will continue to be used for religious purposes, and no
change in land use is proposed In addition, the project is consistent with General Plan
policy to "Locate schools on or near major arterials or collectors, buffered from
residential uses, and provide adequate parking and automobile access", and to "Review
the location and site design of future institutional uses very carefully to ensure their
compatibility with adjacent sites".
Section 5. Any interested person aggrieved of this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Section 17 60.60 of the
Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing and with the appropriate appeal fee, no later than fifteen (15) days following
January 14, 1997, the date of the Planning Commission final action
Section 6 For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approved Variance No 408 for a reduced side yard setback along
the easterly property line from 20'-0" to 5'-0" to accommodate an addition to the
classroom building and for a reduction in the number of required on-site parking spaces
from 459 spaces to 90 spaces, so as to allow the construction of an 8,616 square foot
classroom addition and an 11,524 square foot sanctuary addition to existing structures
on the Congregation Ner Tamid's property located at 5721 Crestridge Road, subject to
Conditions of Approval contained in the attached Exhibit "A", which are necessary to
protect the public health, safety, and welfare
P C Resolution No 97-3
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PASSED, APPROVED, and ADOPTED this 14th day of January, 1997 by the
following roll call vote.
AYES Commissioners Alberio, Whiteneck, and Vice Chairman Vannorsdall
NOES: None
ABSTENTIONS Commissioners Cartwright and Ng
ABSENT- Chairman Clark
Lawrence E Clark
Chairman
Carolynn PeYru
Director of Planning, Building,
and Code Enforcement, and,
Secretary to the Planning Commission
PC Resolution No 97-3
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 408
5721 CRESTRIDGE ROAD
CONGREGATION NER TAMID
General
Within thirty (30) days of this approval, landowner shall submit to the City a
statement, in writing, that they have read, understand, and agree to all
Conditions of Approval contained in this document. Failure to provide such
statement shall render this approval null and void
2 The landowner shall comply with all Mitigation Measures and Conditions of
Approval contained in P C. Resolution Nos 97-1 and 97-2 granted in
association with Environmental Assessment No 683 and Conditional Use Permit
No 17 - Revision A, and Exhibit "B" for Grading Permit No 1874
3 The Classroom addition shall be setback a minimum of 5'-0" from the east side
property line Certification of minimum setbacks is required at the time of
building foundation form inspection
4 All construction shall be completed in substantial conformance to the plans
submitted to the City on December 4, 1996
5 The minimum number of parking spaces that must remain on site is 90 spaces.
6 The landowner shall comply with all recommendations and requirements of the
Division of Building and Safety, and the City's Geotechnical Staff.
P C Resolution No. 97-3
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