PC RES 2002-037P.C. RESOLUTION NO. 2002-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING CASE NO. ZON2002-00553, A
CONDITIONAL USE PERMIT APPROVING THE OVERNIGHT STAY OF
POST-OPERATIVE PATIENTS FOR MARINA SURGERY CENTER, A
MEDICAL USE ON THE SECOND FLOOR OF THE BUILDING LOCATED AT
28924 WESTERN AVENUE.
WHEREAS, on November 5, 2002, the applicant, representing Marina Surgery Center
and property owner William Braun, submitted Case No. ZON2002-00553, a Conditional Use
Permit requesting overnight stay of post-operative patients on the second floor of the building
located at 28924 Western Avenue, and,
WHEREAS, on November 20, 2002, the application was deemed complete by Staff;
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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 the requested Conditional Use Permit would have a
significant effect on the environment and, therefore, the proposed project has been found to
be categorically exempt (Class 1, Section 15301); and,
WHEREAS, on December 10, 2002, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Municipal Code, the Planning Commission held a duly noticed
public hearing to consider Case No ZON2002-00553 (Conditional Use Permit application).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS
Section 1: The site is adequate in size and shape to accommodate said use and for
all the features required by Title 17 and by conditions imposed to ensure that the proposal
does not negatively impact abutting land uses and those within the neighborhood The
overnight stay of post-operative patients is subordinate to the Marina Surgery Center, which is
a medical use allowed within the CG Zoning District Since the use will be located within the
existing building, there will be no modifications to the exterior building and no modification to
existing conditions, including setbacks, parking, and height.
Section 20 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 because the site is served
by Western Avenue, which is identified as a major arterial roadway and designated as a
California State Highway (Hwy. No. 213), the proposed use will generate negligible additional
P.C. Resolution No. 2002-37
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trips to and from the site, and there will be no adverse effect upon existing levels of service for
abutting public streets or nearby intersections
Section 3: There will be no significant adverse effect on adjacent property or the
permitted use because medical uses are permitted in the building and the overnight stay of a
maximum of 6 post-operative patients is subordinate to the surgery center. Further, no
patients will be picked up or released during the night, and patients will be kept inside the
building throughout the night Thus, the overnight stay of post-operative patients will not be
visible by the general public
Section 4: The proposed use is not contrary to the General Plan because, as
proposed and conditioned, the project is consistent with the existing use of the site as an
office building, the underlying land use designation of Commercial, and the surrounding
residential and commercial uses.
Section 5: The site is not within any of the overlay control districts, so there is no
need to ensure that the proposed use complies with the requirements of the chapter
Section 6: Conditions have been imposed to protect the health, safety and general
welfare, which includes hours for drop-off and pick-up of patients, and 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, as identified in Exhibit
"A" attached hereto
Section 7: 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 January 8, 2003.
Section 8: 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 approves Case No. ZON2002-00553, a Conditional Use Permit, subject
to the conditions of approval contained in Exhibit "A", attached hereto and made a part hereof,
which are necessary to protect the public health, safety, and welfare
P.C. Resolution No. 2002-37
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PASSED, APPROVED, and ADOPTED this 10th day of December 2002 by the
following roll call vote.
AYES Cartwright, Cote, Duran Reed, Long, Lyon, Mueller, Tomblin
NOES None
ABSTENTIONS. None
ABSENT. None
Jel R4,jaS, AIC
C=irect of P4i), Building and
nforcement; and, Secretary
to the Planning Commission
Chairman
P.0 Resolution No 2002-37
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Exhibit "A"
Conditions of Approval
Case No. ZON2002-00553
(Conditional Use Permit)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or
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 approval Failure to
provide said written statement within ninety (90) days following the date of this approval
shall render this approval null and void
2. This approval allows Marina Surgery Center to keep post-operative patients overnight as
part of the medical use.
3 Not more than 6 post-operative patients shall be simultaneously kept overnight
4. The overnight stay of post-operative patients shall only take place Monday through
Thursday nights. All post-operative patients shall be kept for less than 24 -hours
5. Post-operative patients that are not kept overnight shall be released and picked -up before
6:00pm. Otherwise, patients shall not be released until 7.00am the morning following the
surgical procedure. Thus, no post-operative patients shall be released between the hours
of 6:40 pm and 7:00am, Monday through Friday
6 Post-operative patients that are kept overnight shall not be allowed to leave the building
7. The business hours and surgical procedures shall be limited to the hours between 7.00 am
to 6.00 pm, Monday through Friday.
8. All relevant licenses, permits, and/or approvals required by the Office of Statewide Health,
Planning and Development (OSHPD) shall be obtained prior to building permit final
9. All relevant permits and/or necessary approvals required by the Fire Department shall be
obtained prior to building permit final.
10. Failure to comply with and adherQ 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.
11. All exterior windows shall remain tinted to reduce the glare from any interior lighting.
12 All exterior signage for the surgery center shall be subject to review and approval by the
Planning Department prior to the installation.
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13 The applicant shall obtain all required permits, including demolition permits, from the
Building and Safety Division.
14 In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter shall apply
15. Construction of the project shall substantially conform to the plans stamped as approved
by the Planning Department with the effective date of this approval
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