PC RES 2016-015 z
P.C. RESOLUTION NO. 2016-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES, AMENDING CONDITION
NO. 6 OF P.C. RESOLUTION NO. 2014-32 TO GRANT A ONE
YEAR TIME EXTENSION MARKING A NEW DEADLINE OF
DECEMBER 9, 2017 AND AMENDING CONDITION NO. 21 OF
P.C. RESOLUTION NO. 2014-32 BY ADDING NEW LANGUAGE
THAT INDEMNIFIES THE CITY FOR COASTAL PERMIT AND
CONDITIONAL USE PERMIT (PLANNING CASE NO. ZON2014-
00332), IN CONJUNCTION WITH THE ADOPTION OF A
MITIGATED NEGATIVE DECLARATION, FOR THE "HERITAGE
CASTLE MUSEUM," LOCATED AT 5500 PALOS VERDES
DRIVE SOUTH
WHEREAS, on August 21, 2014, applications for a Coastal Permit, Conditional Use Permit
and Environmental Assessment (Planning Case No. ZON2014-00332) were submitted to the
Community Development Department by the applicants, Dr. Allan and Mrs. Charlotte Ginsburg,
to allow the conversion of a portion of the Harden Estate Gatehouse on a 2.06-acre site at 5500
Palos Verdes Drive South into the "Heritage Castle Museum"; and,
WHEREAS, on September 10, 2014, the application for Planning Case No. ZON2014-
00332 was deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Section 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), the City
of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation
measures into the Negative Declaration, there is no substantial evidence that the approval of
Planning Case No. ZON2014-00332 would result in a significant adverse effect on the
environment. Accordingly, a Draft Mitigated Negative Declaration was prepared and circulated
for public review for thirty(30)days between October 9, 2014, and November 10,2014, and notice
of that fact was given in the manner required by law; and,
WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos
Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a
duly-noticed public hearing on October 28, 2014, November 11, 2014, and December 9, 2014 at
which time all interested parties were given the opportunity to be heard and present evidence;
and,
WHEREAS, at its December 9, 2014 meeting, after hearing public testimony, the Planning
Commission adopted P.C. Resolution Nos. 2014-31 and 2014-32, making certain findings related
to the requirements of the California Environmental Quality Act (CEQA) by adopting a Mitigation
Monitoring Program and Mitigated Negative Declaration, and conditionally approving a Coastal
Permit and Conditional Use Permit, for the conversion of a portion of the Harden Estates
Gatehouse into the "Heritage Castle Museum" located at 5500 Palos Verdes Drive South (Case
No. ZON2014-00332); and,
WHEREAS, on February 23, 2016, pursuant to Condition No. 6 of P.C. Resolution No.
204-32, the Community Development Director granted a one-year time extension for Case No.
P.C.Resolution No.2016-15
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ZON2014-00332, resulting in a new deadline of December 9, 2016 because the applicant was
unable to find a surveyor who would provide an accurate survey, which prevented permits to be
issued; and,
WHEREAS, on October 24, 2016, the property owners met with the Community
Development Director and requested additional time based on unforeseen delays and hardships;
and,
WHEREAS, after notice issued on November 3, 2016, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on November 29, 2016, 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 finds that the following findings of fact that were
originally made as part of P.C. Resolution No. 2016-32 will remain in effect with the proposed time
extension and added condition language that indemnifies the City as it relates to the application
for a Coastal Permit for the conversion of a portion of the Harden Estate gatehouse into the
"Heritage Castle Museum":
A. The proposed development is consistent with the Coastal Specific Plan. The Coastal
Specific Plan designation for the subject property is Residential, <1 Dwelling Unit/Acre.
The property is located within an appealable portion of Subregion 5 of the Coastal Specific
Plan (CSP) district, but it is not located within the coastal setback zone. The discussion
of Subregion 5 in the CSP notes that the Harden Estate gatehouse is the only residential
development in the subregion, and that it "serves as an important component in the
Peninsula's few remaining historical sites." This is reiterated in the Socio-Cultural Element
of the CSP, which calls upon the City to "[consider] the implementation of appropriate
measures to protect the identified cultural resources" in the City's coastal zone. The
proposed project would serve to preserve and protect this historic resource. The subject
property is not located within a visual corridor identified in the Corridors Element of the
CSP. However, since no expansion of the gatehouse beyond the existing building
envelope is proposed, the approval of this project will have no adverse effects upon a
public view from Palos Verdes Drive South.
B. The proposed development, when located between the sea and the first public road, is
consistent with applicable public access and recreation policies of the Coastal Act.
Although the subject property is located seaward of the first public road (i.e., Palos Verdes
Drive South), it is surrounded by Abalone Cove Shoreline Park and does not extend to the
mean high-tide line. As such, the property does not provide an opportunity for additional
public access to coastal resources. By contrast, the surrounding City park provides
extensive, existing opportunities for public access to coastal resources in the form of
improved trails, public beaches and public off-street parking. Although the Planning
Commission does not find that the provision of additional public access is warranted for
this proposal, it is important to note that the Heritage Castle Museum will be open to a
public, and will provide public access to a historical resource that has heretofore been
prevented while the property was occupied as a private residence.
P.C.Resolution No.2016-15
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Section 2: The Planning Commission finds that the following findings of fact that were
originally made as part of P.C. Resolution No. 2016-32 will remain in effect with the proposed time
extension and added condition language that indemnifies the City as it relates to the application
for a Conditional Use Permit for the conversion of a portion of the Harden Estate gatehouse into
the"Heritage Castle Museum":
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 Title 17
(Zoning) or by conditions imposed under Section 17.60.050 to integrate said use with
those on adjacent land and within the neighborhood. The subject property is just over two
(2) acres in size, more than double the minimum lot size required under the RS-1 zoning
district standards. With the exception of removal or legalization of minor accessory
structures on the property, the proposed project improvements will occur mostly within the
existing building. The site is adequate and size and shape to provide for off-street parking
in accordance with Development Code standards.
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 has existing
access to Palos Verdes Drive South, a major arterial roadway. Based upon most-recent
rates set forth in the ITE Trip Generation Manual, the proposed museum use is not
expected to generate sufficient peak-hour trips to warrant the preparation of a traffic
impact analysis. In fact, the peak-hour trip generation of the proposed project is expected
to be no more than that of a single-family residence.
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. Parking and traffic impacts
associated with the proposed project are not expected to have adverse effects upon the
immediate neighborhood, particularly with the provision of thirty-three (33) off-street
parking spaces. Furthermore, it has been determined that existing foliage on the subject
property does not have adverse impacts upon protected views.
D. The proposed use is not contrary to the General Plan. The General Plan designation for
the subject property is Residential, <1 Dwelling Unit/Acre. The proposed project will not
substantially alter the residential appearance and character of the site and structures. The
Socio-Cultural Element of the General Plan makes specific reference to the Harden Estate
gatehouse, and includes a goal calling upon the City to "strive to protect and preserve all
significant archaeological, paleontological and historical resources within the City." The
proposed project would serve to preserve and protect this historic resource.
E. If the site of the proposed use is within any of the overlay control districts established by
Chapter 17.40 (Overlay Control Districts) of Title 17 (Zoning), the proposed use complies
with all applicable requirements of that chapter. The entirely of the City's coastal zone
falls within the Natural, Socio-Cultural and Urban Appearance overlay control districts.
These districts establish performance criteria for new development related to the
protection of natural land and water areas (Natural); significant historical, archaeological
or cultural resources (Socio-Cultural); and views, community character and aesthetics
(Urban Appearance). The subject property does not contain natural land or water areas
that qualify for protection under the Natural Overlay Control District. However, the
proposed project is protective of historical resources and community character in a
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manner that is consistent with the Socio-Cultural Overlay Control District and the Urban
Appearance Overlay Control District.
F. Conditions, which the Planning Commission finds to be necessary to protect the health,
safety and general welfare, have been imposed upon this project. These conditions
include all mitigation measures identified in the Mitigated Negative Declaration for the
project. Examples include (but are not limited to) limitations on exterior illumination and
amplified sound for special events; requirement that any existing encroachments onto the
abutting City park and nature preserve be cured within one(1)year of the commencement
of use; requiring the designation of the property and structures as a local historic site;
requiring final approvals from the City's Building Official and geotechnical and NPDES
consultants prior to building permit issuance; limiting the hours of nighttime special events
on the property; requiring Fire Department approval for any modifications to the property
and structures; and requiring the provision of additional off-site parking and shuttle service
for special events.
Section 3: 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 17.72.100 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 November 29, 2016, the
date of the Planning Commission's final action.
Section 4: 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 amends Condition No. 6 of P.C. Resolution No. 2014-
,
32 granting a new deadline of December 9, 2017 for the Applicants to establish the project and
commence construction and amending Condition No. 21 of P.C. Resolution No. 2014-32 by
adding language that indemnifies the City under the Coastal Permit and Conditional Use Permit
(Planning Case No. ZON2014-00332), in conjunction with the adoption of a Mitigated Negative
Declaration,for the"Heritage Castle Museum," located at 5500 Palos Verdes Drive South, subject
to the amended Conditions of Approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 29th day of November 2016, by the following vote:
AYES: Commissioners Bradley, Emenhiser, James, Leon, Nelson, Vice Chairman Cruikshank,
Chairman Tomblin
NOES: None
ABSTENTIONS: None
ABSENT: None
REC A : None
=410...„,„......._ David Tomblin
Chairman
A71171W.AilltrP
Community Development Director; and,
Secretary to the Planning Commission
P.C.Resolution No.2016-15
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR COASTAL PERMIT AND CONDITIONAL USE PERMIT
(Ginsburg, 5500 Palos Verdes Drive South)
General
1. Prior to the submittal of plans into Building and Safety plan check, 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. Approval of this permit shall not be construed as a waiver of applicable and appropriate
zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless
otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes
Municipal Code shall apply.
3. This approval is for the conversion of a 2,690-square-foot portion of the existing Harden
Estate gatehouse into the "Heritage Castle Museum" and the development of thirty-three
(33)off-street parking spaces within the existing developed area of the 2.06-acre site. The
Director of Community Development 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 the Coastal Permit and/or Conditional Use Permit by the Planning Commission
and shall require 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 RS-1 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. The approvals granted herein shall expire December 9, 2017 unless the project has been
established (i.e., building permits obtained) and construction commenced by December
9, 2017. Upon a request by the applicant, the Planning Commission may grant a time
extension after a noticed public hearing. Upon expiration of these approvals, a new
Coastal Permit and Conditional Use Permit must be approved prior to further
development.
AMENDED PER P.C. RESOLUTION NO. 2016-15 ON NOVEMBER 29, 2016.
7. 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.
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8. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the effective
date of this Resolution.
9. The construction site and adjacent public and private properties and streets shall be kept
free of all loose materials resembling trash and debris in excess of that material used for
immediate construction purposes. Such excess material may include, but not be limited
to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of
earth, salvage materials, abandoned or discarded furniture, appliances or other household
fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, and 9:00 AM to 5:00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the
Rancho Palos Verdes Development Code. Trucks and other construction vehicles shall
not park, queue and/or idle at the project site or in the adjoining public rights-of-way before
7:00 AM, Monday through Friday, or before 9:00 AM on Saturday, in accordance with the
permitted hours of construction stated above.
Coastal Permit Conditions
11. Thirty-three (33) off-street parking spaces shall be provided, with each required parking
space being individually accessible and maintaining minimum unobstructed dimensions
of 9' in width and 20' in depth. The parking areas for these spaces be designed and
constructed in accordance with all applicable best management practices (BMPs) related
to water quality and habitat preservation. The parking areas should feature the maximum
possible permeable surfaces, should control drainage so that it does not pollute or erode
adjacent habitat areas, and should alter the existing topography as little as possible.
12. Any development proposal located within, adjacent to or draining into a designated
Environmentally Sensitive Area (ESA) and involving the creation of two thousand five
hundred square feet or more (?2,500 SF) of impervious surface shall require the review
and approval by the City's National Pollutant Discharge Elimination System (NPDES)
consultant prior to building permit issuance. [Mitigation Measure HYD-1]
13. All landscaping irrigation systems shall be part of a water management system approved
by the Director of Public Works. Irrigation for landscaping shall be permitted only as
necessary to maintain the yard and garden. [Mitigation Measure HYD-2]
14. In the event that additional off-street parking is need for special events on the premises,
attendees may be shuttled to the site from a remote location, with the advance approval
of the Director of Community Development and the Director of Public Works. [Mitigation
Measure TRA-2]
15. If needed, additional remote off-street parking for special events on the premises shall not
adversely impact the public's ability to access the coast or coastal recreational resources.
Parking lots at City parks within the coastal zone shall not be used for additional remote
off-street parking for special events.
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16. The City shall be provided with at least two(2)weeks' advance notice of any special event
proposing to utilize additional remote off-street parking, which must be approved by the
City no later than five (5) days prior to the event.
17. Permittee is allowed to use shuttle buses and/or valet parking in order to manage parking
for special events on the premises.
18. Notwithstanding Condition No. 16 above, the City shall be provided with at least one (1)
weeks' advance notice of each of the special events allowed on the premises pursuant to
this approval.
19. Within one (1) year of the City's approval of the proposed project, the applicant and the
City shall reach and execute an agreement to eliminate any existing encroachment(s) of
private improvements upon Abalone Cove Shoreline Park and the Palos Verdes Nature
Preserve. The applicant shall conduct a property survey to determine the extent of such
existing encroachment(s). The means to alleviate the encroachment(s) shall be a lot line
adjustment between the City and the applicant. Said agreement shall be subject to the
review of the State Resources Agencies, the Palos Verdes Peninsula Land Conservancy,
the Successor Agency to the Rancho Palos Verdes Redevelopment Agency, and the
Rancho Palos Verdes Successor Agency Oversight Board. [Mitigation Measure BIO-1] In
the event that an agreement to eliminate these encroachments is not reached and
executed within the 1-year timeframe—plus any time extensions that may be mutually
agreed to by the applicant and the City permission to use the property for the "Heritage
Castle Museum" shall be null and void, and such use shall cease.
20. The lot line adjustment between the subject property and Abalone Cove Shoreline Park
shall result in the equal conveyance of approximately one-third (' ) acre between the
properties, such that there is no net change in the size of either affected property.
Pursuant to the City's certified Local Coastal Program and the provisions of the State
Coastal Act, a coastal permit shall be approved by the City concurrent with this lot line
adjustment.
21a. In granting this approval, the City hereby grants the applicant temporary permission for
the use of the driveways and other encroachments upon City property, in a manner
consistent with these conditions of approval, until such time as the lot line adjustment and
subsequent coastal permit are approved by the City and executed. A "hold harmless"
agreement shall be executed by the applicant, to the satisfaction of the City Attorney, to
protect the City/Successor Agency from liability as a result of the use of the City's/Agency's
property. In the event that the lot line and subsequent coastal permit are not approved for
some reason, consistent with the provisions of Condition No. 19 above, said temporary
permission for the use of the City's property shall be null and void, and shall be revoked.
21b. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of
its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof,from any and all claims, demands, lawsuits,writs of mandamus, and other actions
and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in
nature), and alternative dispute resolutions procedures (including, but not limited to
arbitrations, mediations, and other such procedures) (collectively "Actions"), brought
against the City, and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
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aside, void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
AMENDED PER P.C. RESOLUTION NO. 2016-15 ON NOVEMBER 29, 2016.
Conditional Use Permit Conditions
22. Prior to the issuance of a building permit for any modifications to the building,the applicant
shall receive approval from the Los Angeles County Fire Department. [Mitigation Measure
TRA-1]
23. Modifications to the structure and site for the approved use of the property shall be subject
to the applicable conditions of approval recommended by the Los Angeles County Fire
Department, as described in comments dated October 28, 2014, and attached hereto and
incorporated herein as Exhibit `B'.
24. If required by the City geotechnical staff, the applicant shall submit a soils report, and/or
a geotechnical report, for the review and approval of the City geotechnical staff. [Mitigation
Measure GEO-1]
25. All other necessary permits and approvals required pursuant to the Rancho Palos Verdes
Municipal Code or any other applicable statute, law or ordinance shall be obtained.
[Mitigation Measure G EO-2]
26. Prior to the issuance of a building permit for any modifications to the building, the City and
the applicant shall agree to designate the property and structures as a historic site for the
purposes of utilizing the State Historic Building Code (SHBC). The means to accomplish
said designation shall be determined and approved by the City Council. [Mitigation
Measure CUL-1]
27. Maximum occupancy of the facility shall be limited to a maximum of forty-nine(49) persons
at any given time—including staff, docents or other personnel for both museum tours
and special events.
28. Museum hours and tours shall be limited to a maximum of four (4) hours per day,
Thursdays through Sundays only between the hours of 9:00 AM and 5:00 PM. Tours shall
be by advance appointment only, with no "walk-ins" permitted. Individual tours shall be
docent-led and limited to a maximum of ten (10) persons.
29. A maximum of twelve (12) special events may be held at the facility during any calendar
year, with no more than two (2) such events permitted in any single calendar month. Six
(6) events shall be reserved for the benefit of the museum endowment and six(6) shall be
reserved for the benefit of other local, non-profit groups.
30. Temporary, exterior illumination for events on the premises shall be installed in such a
manner that lights are directed toward the subject property and away from surrounding
residences and Abalone Cove Shoreline Park. [Mitigation Measure AES-1]
31. Temporary, amplified sound and/or music for events on the premises shall be installed in
such a manner that speakers are directed toward the subject property and away from
P.C.Resolution No.2016-15
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surrounding residences and Abalone Cove Shoreline Park. [Mitigation Measure NOI-1]
32. If amplified sound and/or music causes adverse impacts to neighboring properties, the
applicant shall take any steps required by the Director of Community Development to
eliminate such noise impacts.
33. Evening events on the premises shall cease no later than 10:00 PM. [Mitigation Measure
NOI-2]
34. On-site signage shall be consistent with the provisions of Section 17.76.050 of the Rancho
Palos Verdes Development Code, and shall require the approval of a sign permit prior to
installation. No internally-illuminated signage is permitted.
35. Within six(6) months of the commencement of the operation of the museum, the Planning
Commission shall review this approval. The Planning Commission may add, delete or
modify conditions of approval based upon the outcome of this 6-month review.
36. Prior to the issuance of a building permit for any modifications to the building,the following
non-permitted construction on the site shall be remedied:
a. The barn shall be removed.
b. The swimming pool shall be modified into a reflecting pond with a maximum depth
of less than eighteen inches (<18").
c. The freestanding trellis shall be legalized.
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