PC RES 1999-024P.C. RESOLUTION NO. 99-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, CONDITIONAL USE PERMIT NO. 185 REVISION
`A' MODIFYING CONDITION NO. 14 OF RESOLUTION NO. 98-06
TO ALLOW THE MAXIMUM DECIBEL LEVEL OF NOISE TO BE
RAISED FROM FIFTY (50) TO SIXTY-FIVE (65), FOR AMPLIFIED
SOUND GENERATED BY OUTDOOR EVENTS WITHIN THE
AMPHITHEATER ON PROPERTY LOCATED AT 5755 PALOS
VERDES DRIVE SOUTH.
WHEREAS, on September 20, 1994 the City Council of the City of Rancho
Palos Verdes approved Landslide Moratorium No 10 to allow the Wayfarers
Chapel to proceed with the submittal of appropriate applications for the
construction of a new 2,400 square foot two-story Visitors Center to replace a
similar structure damaged by landslide activity on property located at 5755 Palos
Verdes Drive South, which is located within the boundaries of the City's
Landslide Moratorium Area; and,
WHEREAS, on February 8, 1995, pursuant to the approval of Landslide
Moratorium Exception No 10 by the City Council, the Wayfarers Chapel
submitted applications for Conditional Use Permit No 185, Variance No. 388,
and Grading Permit No 1793 to allow the construction of a new 2,400 square
foot two-story Visitors Center, improvements to an existing outdoor amphitheater
area, and remedial grading on the subject property, and,
WHEREAS, on October 17, 1996, the Wayfarers Chapel submitted
revised plans reducing the square footage of the proposed Visitors Center to a
one-story, 2,065 square foot structures, in addition to the improvements to the
outdoor amphitheater and remedial grading; and,
WHEREAS, the Institutional zoning district in which the subject property is
located allows 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 (CEQA), Public Resources Code Sections 21000 et Seq , 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 project approval, there is
no substantial evidence that the approval of Conditional use Permit No 185,
P C Resolution No 99-24
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s
Variance No 388, and Grading Permit No 1793 would result in a significant
adverse effect on the environment. Accordingly a Mitigated Negative Declaration
was prepared, noticed and adopted by the City of Rancho Palos Verdes, and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the Planning Commission
heard public testimony at several public hearings between 1995 and 1997, and
conditionally approved on November 25, 1997 Conditional Use Permit No 185,
Variance No. 388, Grading Permit No. 1793 and Environmental Assessment No
676, and,
WHEREAS, on December 10, 1997, an appeal was filed in regards to the
Planning Commission's decision, and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the City Council of the City
of Rancho Palos Verdes heard all public testimony and approved and adopted a
motion on February 17, 1998, upholding the Planning Commission's decision,
conditionally approving, Conditional Use Permit No 185, Variance No. 388,
Grading Permit No 1793 and Environmental Assessment No 676 by adopting
Resolution No.98-06, and,
WHEREAS, Condition No 14 of Resolution No. 98-06 requires that
amplified sound be permitted within the outdoor amphitheater on four (4)
occasions within a calendar year, Easter and Palm Sundays and two other days,
provided that a special use permit be obtained by the Planning Department
Furthermore, noise levels generated by an amplification sound system within the
outdoor amphitheater shall not exceed fifty (50) decibels from three points, 20,
22, and 24 Narcissa Drive If noise levels exceed the maximum level of fifty (50)
decibels on more than three (3) occasions, as documented by a certified noise
consultant, the applicant must apply for an amendment to the Conditional Use
Permit or discontinue the use of amplified sound; and,
WHEREAS, pursuant to Condition No. 14 of Resolution No. 98-06, the
Wayfarers Chapel on April 5, 1998 held an outdoor worship service, on Palm
Sunday, with amplified sound within the amphitheater A certified noise
consultant hired by the City to monitor noise levels generated by the amplified
sound system and found that from three points (20, 22, and 24 Narcissa Drive),
noise levels exceeded the fifty (50) decibels threshold, and,
WHEREAS, pursuant to Condition No. 14 of Resolution No. 98-06, the
Wayfarers Chapel on March 28, 1999 held an outdoor worship service, on Palm
Sunday, with amplified sound within the outdoor amphitheater A certified noise
consultant hired by the City to monitor noise levels generated by the amplified
sound system and found that from the three points (20,22 and 24 Narcissa
Drive), noise levels exceeded the fifty (50) decibels threshold; and,
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WHEREAS, pursuant to Condition No 14 of Resolution No. 98-06, the
Wayfarers Chapel submitted an application for Special Use Permit No. 166 to
allow a worship service, with amplified sound, within the outdoor amphitheater on
June 26, 1999
WHEREAS, on June 8, 1999, the Director of Building, Planning, and Code
Enforcement conditionally approved Special Use Permit No 166, and,
WHEREAS, on June 26, 1999 the Wayfarers Chapel conducted a worship
service, with amplified sound, within the outdoor amphitheater. Pursuant to
Condition No 14 of Resolution No 98-06, a certified noise consultant monitored
noise levels from the required three points (20, 22, and 24 Narcissa Drive) and
found that noise levels exceeded the fifty (50) decibels threshold, and,
WHEREAS, on June 4, 1999 an application for Conditional Use Permit
No. 185 Revision 'A' was submitted to the Planning Department requesting that
Condition No 14 of Resolution No 98-06 be amended to raise the maximum
noise level of fifty (50) decibels to sixty-five (65) decibels, as recommended by
the certified noise consultant, rather than discontinue the use of amplified sound,
since on three occasions noise levels were recorded as exceeding the fifty (50)
decibel threshold and that ambient noise levels exceeded levels of noise
generated by the use of the amplified sound; and,
WHEREAS, on July 2, 1999 Conditional Use Permit No 185 Revision 'A'
was deemed complete for processing by Staff, and,
WHEREAS, on July 7, 1999 the required public notice was mailed out to
property owners within a 500' foot radius of the subject property informing them
of the proposed project and the scheduled public hearing; and,
WHEREAS, on July 10, 1999 a notice was published in the Palos Verdes
Peninsula News, and,
WHEREAS, pursuant to the provision of the California Quality Act, Public
Resources Code Section 21000 et seg. ("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 65962.5(F) (Hazardous Waste
and Substances Statement), Staff found no evidence that Conditional use Permit
No. 185 Revision 'A' would have a significant effect on the environment and,
therefore the proposed project has been found to be categorically exempt (Class
23, Section 15323), and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
P C Resolution No 99-24
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public hearing on July 27, 1999, at which all interested parties were given the
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 applicants, Wayfarers Chapel, held three (3) events
with amplified sound within the outdoor amphitheater According to the reports
generated by the certified noise consultant, Giroux and Associates, noise levels
generated by these events exceeded the maximum threshold level of fifty (50)
decibels as measured from 20, 22 and 24 Narcissa Drive
Section 2: Pursuant to the requirements of Condition No 14 of
Resolution No 98-06, the applicants shall either discontinue the use of an
amplified sound system within the outdoor amphitheater or request an
amendment to the conditions of approval to raise the decibel level, if on three or
more occasions noise levels have been monitored in excess of the fifty (50)
decibel threshold
Section 3: According to the summary reports for the three outdoor
events with amplified sound, the certified noise consultant, Giroux and
Associates, recommends that the maximum decibel level be raised from fifty (50)
decibels to either an average of fifty-five (55) decibels or a maximum level of
sixty-five (65) decibels
Section 4: The Planning Commission hereby finds that it would be more
reasonable to monitor noise levels generated by amplified sound within the
outdoor amphitheater of the Wayfarers Chapel if the maximum level of noise is
raised from fifty (50) decibels to sixty-five (65) rather than establishing an
average decibel level.
Section 5: In order to further mitigate any potential noise impacts to
surrounding properties on Narcissa Drive, the Planning Commission finds that a
condition shall be added to the project which will require that all loud speakers be
located behind the audience oriented towards the ocean and that amplification be
reduced for all instrumental and vocal performances within the outdoor
amphitheater
Section 6: The proposed revision `A' to Conditional Use Permit No 185
will not alter the six (6) required findings made at the time the Conditional Use
Permit was adopted and approved by the City Council
Section 7: Pursuant to Condition No 14 of Resolution No. 98-06, the
Planning Commission shall review and approve all amendments to Conditional
Use Permit No 185, through a public hearing
P.0 Resolution No 99-24
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Section 8: Any interested party may appeal this decision or any portion
of this decision to the City Council. Pursuant to Section 17 02 040 C 1 j 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 the date of the Planning Commission's final action.
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 185 Revision 'A' approving the modification to
Condition No 14 of Resolution No. 98-06 to raise the maximum decibel level of
noise generated by amplified sound within the outdoor amphitheater form fifty
(50) decibels to sixty-five (65) decibels, subject to the conditions of approval in
Exhibit "A".
PASSED, APPROVED, AND ADOPTED this 27th day of July, 1999, by the
following vote:
AYES: Commissioners Alberio, Paris, Slayden, Vannorsdall, Vice -Chair Lyon.
and Chair Cartwright
NOES: None
ABSENTATION: None
ABSENT: Commissioner Clark
Joel Rous, AICP
Director of Planning, Building
and Code Enforcement; and,
Secretary to the Planning Commission
Jon S Cartwright
Chairman
P C. Resolution No 99-2+
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