PC RES 2001-001i
P.C. RESOLUTION NO. 2001-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 132 -REVISION `D',
THEREBY PERMITTING THE CONTINUED OPERATION OF
A PRIVATE DANCE SCHOOL AT THE FORMER
MIRALESTE ELEMENTARY SCHOOL SITE, LOCATED AT
6245 VIA CANADA
WHEREAS, on December 8, 1987, the Planning Commission approved Conditional
Use Permit No 132 to allow the use of the closed Miraleste Elementary School site by a
number of different tenants, including Peninsula School of Performing Arts, and,
WHEREAS, on January 28, 1992, the Planning Commission approved Conditional
Use Permit No. 132 -Revision 'B' to modify the teacher parking requirements for Peninsula
School of Performing Arts, and,
WHEREAS both Conditional Use Permit No. 132 and Conditional Use Permit
No. 132 -Revision B' were extended and revised a number of times by the Planning
Commission, but ultimately both expired on November 24, 1997; and,
WHEREAS, on September 22, 1999 and on several occasions thereafter, the City
notified the Palos Verdes Peninsula School District and the two remaining tenants at
Miraleste Elementary School (Discovery World Infant Center and Preschool and Peninsula
School of Performing Arts) that these approvals had expired and needed to be renewed if
these activities were to continue lawfully on the subject property, and,
WHEREAS, on November 27, 2000, the applicant, Peninsula School of Performing
Arts, submitted an application for Conditional Use Permit No. 132 -Revision 'D' to allow its
continued operation at the Miraleste Elementary School site, and,
WHEREAS, on December 20, 2000, the application for Conditional Use Permit
No. 132 -Revision 'D' was deemed complete by Staff, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, 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. 132 -Revision 'D'
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt (Section 15301), and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on January 9, 2001, at which time all interested parties were given an opportunity to be
heard and present evidence.
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Section 1: The Planning Commission hereby makes the following findings of fact
with respect to the application for Conditional Use Permit No. 132 -Revision 'D' for the
continued operation of the Peninsula School of Performing Arts at the Miraleste Elementary
School site
A The site is adequate in size and shape to accommodate the proposed use and for
all of the yards, setbacks, walls, fences, landscaping and other features required by
the Development Code or by conditions imposed to integrate said use with those on
adjacent land and within the neighborhood. Peninsula School of Performing Arts
(PSPA) has operated from the subject property with City approval since 1987. The
existing structures and facilities on the site comply with the development standards
I district, as established in RPVDC Section 17.26 040. The City's parking
requirement for this use is one space per employee plus one space for every three
students and the proposed project is consistent with these requirements. Therefore,
the subject property is adequate to accommodate the continued operation of PSPA
B. The site for the proposed use relates to streets and highways sufficient to carry the
type and quantity of traffic generated by the subject use. The subject property is
served by Palos Verdes Drive East (via Picardie Road and Via Cahada), which is
a major public thoroughfare along the west side of the property The City is not
aware of any current traffic conflicts related to access to and from the
site. Therefore, the proposed project relates to streets and highways that are
sufficient to carry the type and quantity of traffic expected to be generated by the
proposed use.
C. In approving the subject use at the specific location, there will be no significant
adverse effect on adjacent property or the permitted use thereof PSPA has been
in operation on this site with City approval since 1987, and the City is not aware of
any complaints or adverse impacts associated with its operation. No changes to the
scope or capacity of the program are proposed. Therefore, the approval this project
will have no significant adverse effect upon adjacent properties or the permitted use
thereof.
D. The proposed use is not contrary to the General Plan The Urban Environment
Element of the City's General Plan calls upon the City to "encourage the
development of institutional facilities to serve the political, social and cultural needs
of its citizens" (p. 56), and to "[review] the location and site design of future
P C. Resolution No. 2001-01
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institutional uses very carefully to ensure their compatibility with adjacent sites"
(p 93). The General Plan also calls upon the City to "[locate] schools on or near
major arterials or collectors, buffered from residential uses, and provide adequate
parking and automobile access," and to [continue] to work closely with the [Palos
Verdes Peninsula Unified] School District in coordinating planning and
programming" (p. 93). The subject property is designated Institutional -Educational
in the City's General Plan, while surrounding neighborhoods are designated for
residential use at a density of two units per acre. This land use pattern is common
to many types of institutional uses, such as churches and government facilities. The
approval of this application will allow for the continued operation of a program that
serves a community need. Existing access and parking are adequate to support this
activity, and conditions will be applied to the approval of the application so as to
ensure the compatibility of this use with surrounding residences, which is consistent
with the General Plan goals and policies quoted above
E. The required finding that, if the site of the proposed use is within any of the overlay
control districts established by RPVDC Chapter 17.40 (Overlay Control Districts),
then the proposed use complies with all applicable requirements of that chapter, is
not applicable to this project because the subject property is not located within any
of the City's overlay control districts
F. Conditions regarding any of the requirements listed in this paragraph, which the
Planning Commission finds to be necessary to protect the health, safety and general
welfare, have been imposed upon the proposed project setbacks and buffers;
fences or walls; lighting, vehicular ingress and egress; noise, vibration, odors and
similar emissions; landscaping; maintenance of structures, grounds or signs; service
roads or alleys; and such other conditions as will make possible development of the
city in an orderly and efficient manner and in conformity with the intent and purposes
set forth in the City's Development Code.
Section 2: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17 60 060 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 9, 2001,
the date of the Planning Commission's final action.
Section 3: 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 132 -Revision 'D', thereby permitting the continued operation of a private dance school
at the former Miraleste Elementary School site, located at 6245 Via Cahada, subject to the
conditions contained in Exhibit W, attached hereto and made a part hereof, which are
necessary to protect the public health, safety and welfare in the area.
P C Resolution No 2001-01
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PASSED, APPROVED, AND ADOPTED this 9th day of January 2001, by the following
vote:
AYES Chairman Lyon, Commissioners Cartwright, Long, Paulson and
Vannorsdall
NOES none
ABSTENTIONS none
ABSENT Vice Chairman Clark and Commissioner Mueller
4oel Rhjas, AICP
DwaG(or of Plann (nq)uilding
and Code Enforcement, and, Secretary
to the Planning Commission
740a- &=
Frank Lyon
Chairman
P C Resolution No. 2001-01
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EXHIBIT'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 132 -REVISION `D'
(6245 Via Canada)
General
Within ninety (90) days of the effective date 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 within ninety (90) days following date of this
approval shall render this approval null and void.
2. This approval is for the continued operation of Peninsula School of Performing Arts
at the Miraleste Elementary School site, located at 6245 Via Canada No physical
modifications to the subject property or facilities are permitted. No change in the
scope or capacity of the, use is permitted The Director of Planning, Building and
Code Enforcement is authorized to make minor modifications to the approved plans
and any of the conditions of approval if such modifications will achieve substantially
the same results as would strict compliance with the approved plans and conditions.
Otherwise, any substantive change to the project shall require approval of a revision
to Conditional Use Permit No. 132 -Revision `D' by the Planning Commission and
shall require 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, in the I [Institutional]
district development standards of the City's Municipal Code
4. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
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
Conditional Use Permit No 132 -Revision 'D'
6 This permit renewal applies only to Peninsula School of Performing Arts The
property owner shall notify the City upon any change in tenancy or change in use
by Peninsula School of Performing Arts. No subleases shall be permitted Any
change shall be subject to the review and approval of the Director of Planning,
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Building and Code Enforcement. Under the terms of this permit, Peninsula School
of Performing Arts is authorized to use Rooms 11 and 12.
7 This approval shall be valid for an indefinite period until such time as the use allowed
by this approval is terminated at the request of the Palos Verdes Peninsula Unified
School District (PVPUSD).
8. Unless specifically addressed herein or revised by this or subsequent actions, all
conditions of approval for Conditional Use Permit No 132 and Conditional Use
Permit No. 132 -Revision 'B'—which are related to Peninsula School of Performing
Arts in particular or the subject property in general—remain in effect and valid. Said
conditions of approval are enumerated in P.C. Resolution Nos. 87-76, 89-50, 89-74,
90-16, 91-20, 92-04 and 93-23, which are incorporated herein by this reference.
M \Projects\CUP 132 -Rev 'D'(PSPA-PVPUSD)\PC Resolution 2001-01 doc
P.C. Resolution No 2001-01
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