PC RES 2004-020P.C. RESOLUTION NO. 2004-20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT CASE NO. ZON2004-00043
TO ALLOW THE ENCLOSURE OF AN EXISTING DRIVE-
THRU ATM AREA TO CREATE 2,179 SQUARE FEET OF
NEW OFFICE SPACE, AND THE GRADING OF 240
CUBIC YARDS UNDER THE EXISTING BUILDING
FOOTPRINT, ON PROPERTY LOCATED AT 450 SILVER
SPUR ROAD
WHEREAS, in 1981, the Planning Commission approved Variance No 48 and
Conditional Use Permit No 60 to allow the development of the subject site with an office
building in conjunction with the development of two other office buildings on two other
sites, and,
WHEREAS, on February 2, 2004, the applicant, Jerry Sturm from BOA
Architecture, submitted an application for Conditional Use Permit Case No. ZON2004-
00043 to allow the enclosure of the existing dnve-thru ATM area and the creation of
2,179 square feet of office space; and,
WHEREAS, on March 23, 2004, the application for Conditional Use Permit Case
No ZON2004-00043 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 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 Case
No. ZON2004-00043 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, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on May 11, 2004, 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: The Planning Commission hereby makes the following findings of
fact with respect to the application for Conditional Use Permit — Revision "A" Case No
ZON2004-00043 for the enclosure of the existing drive-thru ATM area and the creation
of 2,179 square feet of office space:
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 because the
proposed addition will be within the existing building's footprint and therefore will
not extend any closer to any property lines nor increase the height of the existing
structure and will maintain the minimum setbacks as required by the City's
Development Code; and that the proposed project will comply with the current
Development Code parking requirement.
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 because the subject
property is served by a public street system consisting of Silver Spur Road,
which adequately serve the project site and surrounding commercial area; and
the proposed project is expected to generate 22 additional trips per day, based
on the Institute of Transportation Engineers, will not significantly impact the traffic
flow on Silver Spur Road, which currently carries 22,100 average daily trips
C In approving tho subject use at the specific location, there will be no significant
adverse affect on adjacent property or the permitted use thereof because the
proposed office space is located within the existing building footprint and the
office building is a use that is consistent with the zoning designation
I
D. The proposed Use is not contrary to the General Plan because the proposed
office area is i a use that is consistent with the uses permitted within the
commercial professional zoning district and is thereby consistent with the zoning
code and the office retail land use designation of the General Plan
E. The subject site is not within any of the overlay control districts established by
RPVDC Chapter 17 40 (Overlay Control Districts).
F Conditions of approval, which the Planning Commission finds to be necessary to
protect the health, safety and general welfare, have been imposed and include
that the additional office space only be used for office use, and any other use will
require approval of a Conditional Use Permit.
Section 2: The grading does not exceed that which is necessary for the
permitted primary use of the lot since the grading is necessary for the additional office
space, the primary use of the lot, since the current concrete slab was created for the
purposes of a drive-thru ATM area, which is no longer necessary.
P.C. Resolution No. 2004-20
CUP ZON2004-00043
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Section 3: The grading and/or related construction does not significantly
adversely affect the visual relationships with, nor the views from neighboring properties,
since the current drive-thru ATM area is oriented east to west, and on the first level of
the existing building, therefore not visible from any neighboring properties As such,
since the grading will be conducted at the location of the existing drive-thru ATM area,
the grading will not be visible from the neighboring properties
Section 4: The nature of the grading minimizes disturbance to the natural
contours since all the grading will be located within the building footprint, where a
concrete slab currently exists
Section 5: The grading takes into account the preservation of natural
topographic features and since the grading will be located within the building footprint
and preserve the natural topography located at the rear of the subject property
Section 6: The grading would not cause excessive and unnecessary
disturbance of the natural landscape or wildlife habitat through removal of vegetation
since the grading is proposed on an existing concrete slab where no vegetation exists.
Section 7: The grading conforms to the standards pursuant to Section
17.76.040(E)(9) since
A The proposed grading is not proposed on slopes equal to or exceeding thirty-
five percent
B No finished slopes greater than thirty-five percent are being created by this
application.
C. The proposed cut is T -O" in depth, therefore does not exceed the maximum
depth of 5-0"
D. No grading is proposed on slopes exceeding fifty percent gradient.
E A new 3'-5" high retaining wall is proposed at the west end of the enclosure,
therefore, less than the maximum 8'-0" allowed
Section 8: Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Sections 17.60 060 and
17.76.040(H) 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 May 11, 2004, the date of the Planning Commission's final action
P.C. Resolution No 2004-20
CUP ZON2004-00043
Page 3 of 4
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 Case No. ZON2004-00043 thereby approving the enclosure of an existing
drive-thru ATM area to create 2,179 square feet of additional office space, and the
grading of 240 cubic yards within the existing building footprint, subject to the conditions
contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to
protect the public health, safety and welfare.
PASSED, APPROVED, AND ADOPTED this 11th day of May, 2004, by the following
vote:
AYES: Commissioners Gerstner, Knight, Tetreault, Vice Chairman Cote, Chairman Mueller
Commissioner Van Wagner
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Karp
Craig Mueller
Chairman
Joel 'ojas AICP
Direc or of Plannin:, =uilding and
Code . n rcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2004-20
CUP ZON2004-00043
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT
CASE NO. ZON2004-00043
1. Within ninety (90) days following adoption 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 statement shall render this approval
null and void.
2. This approval is for the enclosure of an existing drive-thru ATM area within
the existing building footprint to create 2,179 square feet of new office space,
and the grading of 240 cubic yards of grading located within the building
footprint.
3. The Director of Planning, Building and Code Enforcement is authorized to
make minor modifications to the approved plans and any 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 shall require approval of an amendment to
Conditional Use Permit Case No. ZON2004-00043 by the Planning
Commission and shall require a new and separate environmental review.
4. 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
Institutional district development standards of the City's Municipal Code.
5. 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.
6. If the proposed facility has not been established (i.e. building permits
obtained) within one (1) year of the effective date of this resolution, or if
construction has not been completed within one hundred eighty (180) days of
the issuance of building permits, approval of the project shall expire and be of
no further effect unless, prior to expiration, a written request for extension is
filed with the Department of Planning, Building and Code Enforcement and
approved by the Planning Commission. Otherwise, a conditional use permit
revision must be approved prior to further development.
7. In the event that any of these conditions conflict with the recommendation
and/or requirements of another permitting agency or City Department, the
stricter standard shall apply.
P.C. Resolution No. 2004-20
CUP ZON2004-00043
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8. Unless otherwise designated on these conditions, all construction shall be
completed in substantial conformance with the plans submitted and stamped
with the effective date of this approval.
9. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday
through Saturday. No construction shall be permitted on Sundays or on legal
holidays.
10.The applicant shall be responsible for verifying that all requirements from
other Departments and agencies are complied with.
11.No grading outside of the existing building footprint is approved under this
permit. The grading approved under this permit shall not exceed 240 cubic
yards of cut, under the existing building footprint, to lower the existing
concrete slab by 3'-0", to match the existing office space finished floor.
12.PRIOR TO THE SUBMITTAL OF THE PLANS TO BUILDING AND SAFETY
DEPARTMENT FOR PLAN CHECK, the applicant shall submit a revised site
plan indicating the existing grade contours on the subject site, and that shows
that there will be no grading outside of the existing building footprint, and that
the only grading proposed is located under the existing building footprint.
13.AII conditions of approval for Conditional Use Permit No. 60 and Variance No.
48 shall remain in fill force and effect.
14.The additional office space shall not be used for any other use, other than
professional office. Any other use shall be subject to review and approval by
the Planning, Building, and Code Enforcement Department, and may be
subject to a revision to the existing Conditional Use Permit, and require a new
and separate environmental review.
15.No additional exterior lighting is approved under this permit.
16.The site, 450 Silver Spur Road, shall maintain 35 parking spaces at all times.
PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, THE
APPLICANT SHALL RESTRIPE THE PARKING LOT TO ENSURE THAT
THERE ARE 35 PARKING SPACES AVAILABLE, AND THE DIRECTOR
OF PLANNING, BUILDING OR APPROPRIATE DESIGNEE SHALL
VERIFY THAT 35 PARKING SPACES ARE AVAILABLE AND
MAINTAINED ON THE SUBJECT SITE.
P.C. Resolution No.2004-20
CUP ZON2004-00043
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