5 - Resolution No. 2009-10 (Original Planning Entitlements)Resolution No. 2009-10
(Original Planning Entitlements for Master Plan)
97
RESOLUTION NO. 2009-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, DENYING AN APPEAL, UPHOLDING THE PLANNING
COMMISSION'S DECISION WITH MODIFICATIONS AND APPROVING
CASE NO. ZON2007-00492 (CONDITIONAL USE PERMIT #96 —
REVISION "D", GRADING PERMIT, MINOR EXCEPTION PERMIT AND
SIGN PERMIT), TO ESTABLISH A MASTER PLAN FOR THE ST. JOHN
FISHER CHURCH AND SCHOOL PROPERTY INCLUDING THE
CONSTRUCTION OF 32,426 SQUARE FEET OF NEW BUILDING AREA,
THE DEMOLITION OF 10,329 SQUARE FEET OF EXISTING FACILITIES,
A REMODEL OF 26,544 SQUARE FEET, A TOTAL OF 30,688 CUBIC
YARDS OF ASSOCIATED GRADING AND A NEW MONUMENT SIGN
ATTACHED TO THE NEW SANCUTARY FOR THE PROPERTY AT 5448
CREST ROAD, LOCATED AT THE SOUTHEAST CORNER OF CREST
ROAD AND CRENSHAW BOULEVARD.
WHEREAS, on April 23, 1985, the Planning Commission approved Conditional Use
Permit #96, thereby allowing the construction of a new social/meeting hall (Barrett Hall);
and,
WHEREAS, on July 22, 1986, the Planning Commission approved Conditional Use
Permit #96 — Minor Revision, thereby allowing the construction of a 121 square foot trellis
over an existing sun deck, located above the garage of the church rectory; and,
WHEREAS, on January 11, 1994, the Planning Commission approved, with
conditions, Variance #116 and Conditional Use Permit #96 — Revision "B", thereby allowing
the construction of a 36'-6" tall elevator for access to the lower level meeting room, a 1,004
square foot expansion of the existing sanctuary and a 50'-0" tall bell tower and bells with a
15-0" tall cross affixed to the top of the tower, for a maximum overall height of 65'-0"; and,
WHEREAS, on February 7, 1994, the applicant submitted a letter to the Planning,
Building and Code Enforcement Department stating that the proposed tower and bells were
eliminated from Conditional Use Permit #96 -- Revision "B" due to funding restrictions and,
as a result, would not be constructed; and,
WHEREAS, on February 11, 1997, the Planning Commission approved, with
conditions, Conditional Use Permit, #96 — Revision "C", thereby allowing the construction of
3,189 square feet, in two phases, to provide 10 elementary school classrooms; and,
WHEREAS, on October 5, 2007, Hyndman and Hyndman, representing St. John
Fisher Church and School, submitted Case No. ZON2007-00492 including applications for
a Conditional Use Permit #96 — Revision "D", Grading Permit, Minor Exception Permit, Sign
Permit and Environmental Assessment, for the subject property at 5448 Crest Road; and,
WHEREAS, on October 29, 2007 the project was deemed incomplete by Staff
pending the submittal of additional information on the project plans and review and
Resolution No. 2009-10
Page 1 of 7
WQ
approval from the Fire Department, City Traffic Consultant, City Geologist and City's
National Pollution Discharge Elimination System (NPDES) Consultant; and,
WHEREAS, on April 29, 2008, upon submittal of all required information, the project
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), the City of Rancho Palos Verdes prepared an Initial Study and determined
that, with appropriate mitigation, there is no substantial evidence that the approval of
ZON2007-00492 would result in a significant adverse effect upon the environment and,
therefore, a Mitigated Negative Declaration has been prepared and notice of same was
given in the manner required by law; and,
WHEREAS, on May 31, 2008, a public notice was mailed to 102 property owners
who reside within a 500 -foot radius of 5448 Crest Road (St. John Fisher) and concurrently
published a public notice in the Peninsula News; and,
WHEREAS, on June 4, 2008, a Mitigated Negative Declaration was circulated to the
County Recorder for a posting and comment period of at least twenty (20) days and
circulated to all appropriate public agencies for comments; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code and CEQA, the Planning Commission held a duly noticed
public hearing on June 24, 2008, at which time all interested parties were given an
opportunity to be heard and present evidence; and,
WHEREAS, on June 24, 2008, the Planning Commission continued the item to the
July 22, 2008 Planning Commission meeting to allow time for the applicant to address
concerns with the height of the proposed sanctuary and steeple and to provide clarification
on the methodology used to determine the number of provided parking spaces; and,
WHEREAS, on July 2, 2008, the applicant submitted modified plans and updated
information to Staff which included the following modifications: 1) a reduction in height of
the proposed steeple by 14'-0", 2) an overall reduction in height of the main sanctuary
building by up to 6'-0", 3) elimination of the stepped roof lines along the south side of the
sanctuary, 4) a reduction in the footprint of the sanctuary by 1,400 square feet, 5) the
addition of a 900 square foot basement beneath the sanctuary to accommodate
mechanical equipment, 6) an increase in the sanctuary street side yard setbacks by 14'-0"
along Crest Road, 7) an increase in the sanctuary street side yard setback by 17'-0" along
Crenshaw Boulevard and 8) a reduction in the footprint of the administrative building by
1,480 square feet; and,
Resolution No. 2009-10
Page 2 of 7
WHEREAS, the Planning Commission held a duly noticed public hearing on July 22,
2008, at which time all interested parties were given an opportunity to be heard and
present evidence; and,
WHEREAS, on July 22, 2008, the Planning Commission continued the item to the
September 23, 2008 Planning Commission meeting to allow time for the applicant to
consider providing a sound study to determine if any significant impacts would result from
the proposed bells, a shadow study to determine if the height and/or scale of the sanctuary
would create any significant impacts to surrounding properties, a copy of St. John Fisher's
recent parking counts, further clarification on the applicant's parking analysis and
consideration from the applicant to provide additional parking on high peak days; and,
WHEREAS, on September 23, 2008, the Planning Commission held a duly noticed
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence; and,
WHEREAS, on September 23, 2008, the Planning Commission conceptually
approved Case No. ZON2007-00492 and directed Staff to bring back the appropriate
resolutions with Conditions of Approval; and,
WHEREAS, on October 14, 2008, the Planning Commission adopted PC Resolution
No. 2008-34, certifying a Mitigated Negative Declaration and adopting a Mitigation
Monitoring Program and PC Resolution No. 2008-35, adopting the St. John Fisher Master
Plan, as conditioned; and
WHEREAS, on October 29, 2008, Case No. ZON2007-00492 was appealed to the
City Council, including issues with the Environmental Assessment and CUP findings, a
request to analyze Neighborhood Compatibility, impacts due to the size of the sanctuary,
inadequate parking, noise impacts due to the use of a gymnasium and the ringing of the
proposed electronic bells, the lighting of the sanctuary tower and steeple, concerns with
removal of certain mature trees and to require additional setbacks around the sanctuary;
and,
WHEREAS, On November 1, 2008, a Notice of the public hearing on the Appeal
was published in the Peninsula News; the City also sent notice of the Appeal hearing to the
property owners who reside within 500 feet of the subject property, to all persons listed on
the City's Interested Parties List, and to all St. John Fisher list -serve subscribers; and,
WHEREAS, on November 16, 2008, the City Council opened the public hearing on
the appeal, and after hearing the public testimony and considering the information
presented in the Staff Report, the City Council adjourned the public hearing to a site visit at
the St. John Fisher property to beheld on November 22, 2008, to allow the City Council to
walk throughout the subject property and surrounding neighborhood to assess the project
and its potential impacts; and,
Resolution No. 2009-10
Page 3 of 7
We
WHEREAS, on November 22, 2008, the City Council conducted the continued
public hearing, which was a site visit at the St. John Fisher property, and at the conclusion
of the site visit, the City Council continued the public hearing to December 16, 2008; and,
WHEREAS, on December 16, 2008, the City Council conducted the continued
public hearing on the appeal and heard and considered all of the additional materials that
have been submitted after the first public hearing and all of the additional testimony that
was presented:
NOW, THEREFORE, THE CITY COUNCIL 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 the intended
use and implementation of the Project, as the site measures 399,804 square feet (9.2
acres), the majority of the site is relatively flat (less than 5% slope) and is large enough to
accommodate the construction of a new sanctuary, administration building, art room,
library, a new preschool, ancillary offices and storage area, and the elements of the Master
Plan comply with the general development standards of the RPVMC. Additionally, the
proposed parking and parking analysis were reviewed and determined to be adequate by
the City's consulting Traffic Engineer.
Section 2: The site for the proposed uses relates to streets and highways that are
properly designed to carry the type and quantity of traffic generated by the subject use as a
traffic impact study and supplemental cumulative traffic analysis, which was reviewed and
approved by the City's Traffic Engineer, indicate that the increase in trip generation that
would be caused by the Project is negligible and would not require mitigation. Further, a
parking analysis was reviewed and approved by the City's Traffic Consultant whereby the
highest number of parking spaces necessary to accommodate potential vehicles during the
highest peak hours of operation for the entire property would be 331 parking spaces.
Therefore, the City Council hereby concludes that, as conditioned, the off-street parking
that is proposed for the Project will be adequate to accommodate the uses that are
conducted on site, even during the days and hours of peak use.
Section 3: There will be no significant adverse effect on adjacent property or the
permitted use thereof because mitigation measures have been incorporated that reduce
the potential impacts of the Project on Aesthetics, Air Quality, Geology and Soils,
Hydrology and Water Quality, and Noise to an insignificant level. Further, additional
conditions have been incorporated into the design of the Project that reduce to an
insignificant level the potential impacts of the institutional use and related buildings on
adjacent properties and the residents thereof. In that regard, a study was conducted to
determine if the height of the proposed building and steeple will cast a shadow over
adjacent residential properties. The conclusion of that study was that because of the size
and configuration of the subject property, the height of the proposed structures will not cast
shadows on adjacent properties. Residents in the community also raised concerns about
potential impacts that could be caused by the installation of bells near the steeple that will
ring periodically. After having heard the sound of the proposed bells, and imposing
conditions that will regulate the time of day when the bells can be rung, and limiting the
Resolution No. 2009-10
Page 4 of 7
101
number of times, volume, and the duration of the ringing, the City Council hereby finds that,
as conditioned, the bells will not cause a significant adverse impact upon adjacent
properties.
Section 4: The proposed Project is consistent with the General Plan's Institutional
land use designation of the site, and with the types of land uses permitted within the
Development Code's Institutional zoning district, which includes religious institutions, as the
General Plan states that "the City shall encourage the development of institutional facilities
to serve the political, social and cultural needs of its citizens."
Section 5: Conditions have been imposed to protect the public health, safety and
general welfare, which include setback and buffers, lighting restrictions, vehicular ingress
and/or egress, landscaping, maintenance of structures, and other conditions, as identified
in Exhibit "B," which is attached hereto and incorporated herein by this reference.
Section 6: The proposed grading is necessary for the implementation of the
Project and the associated construction for the permitted primary use of the lot due to the
size of the lot (9.2 acres) and the fact that a majority of the proposed grading will occur
within the developed portions of the property.
Section 7: The proposed grading and/or related construction would not
significantly adversely affect the visual relationships with or views from the viewing area of
neighboring properties, as a majority of the existing grade elevations will be maintained
between grade elevation 1219' and 1222', which are heights that do not interfere with the
visual relationships with, or views from, the viewing area of neighboring properties.
Section 6: The proposed grading minimizes disturbances to the natural contours,
and the finished contours are reasonably natural, as all grading will include blending man-
made or manufactured slopes into the natural topography.
Section 9: The grading would not cause excessive and unnecessary disturbance
of the natural landscape or wildlife habitat through the removal of vegetation, as there is no
evidence of natural landscape or wildlife on the property or within the surrounding
neighborhood.
Section 10: The grading application is consistent with the purpose and intent of the
Section 17.76.040 of the Municipal Code, since it provides for the reasonable additional
development of the parcel with an institutional use.
Section 11: Approval of the grading permit will not constitute a special privilege
with limitations upon other properties in the vicinity, as the surrounding neighborhood is
comprised of many hillside properties that utilize retaining walls and grading techniques.
Further, the subject property has an existing pad area that will be maximized to
accommodate the new construction in the connection with the Project.
Section 12; The proposed grading will not be detrimental to the public safety, or to
other properties as the City's geotechnical consultant will be required to approve a soils
Resolution No. 2009-10
Page 5 of 7
102
engineering report for the grading and retaining walls. Further, all structures and retaining
walls will be required to be engineered to meet the requirements of the building code.
Section 13: The proposed grading is acceptable, as the maximum height of cut
and/or fill of remedial grading was determined by a geology and soils report submitted by
the applicant and approved "in -concept for planning purposes" by the City's Geologist.
Section 14: The minor exception to allow three combination walls to exceed the 6'-
0" "by -right" height limit for walls as measured from the highest grade elevation is
necessary to avoid inconsistencies with the general intent of Title 17 of the RPVMC, as the
Building Code requires a guardrail on top of all walls that exceed 30" in height adjacent to
the neighboring properties and/or walkways throughout the subject property. The applicant
will be required to construct a guardrail or fence on top of the proposed retaining walls to
protect the safety of people on the subject property and adjacent properties.
Section 15: The minor exception for the combination walls is warranted as the
height of the combination walls will not be detrimental to the public safety and welfare as
the fence on top of the proposed retaining walls will provide a safety barrier for people
between the subject lot and the neighboring properties to the south and east as well as
safety for the play area for the students and pedestrians in the parking lot.
Section 16: The minor exception for the combination walls is warranted as the line
of sight over or through the fences is adequate for safety and the walls do not significantly
impair a view from the viewing area of an adjacent parcels, as there are no views over the
site that are enjoyed from the viewing areas of adjacent parcels.
Section 17: The minor exception permit is warranted, as the proposed combination
walls will be located outside of the intersection visibility triangle.
Section 18: The minor exception permit is warranted ,as the retaining portion of the
combination walls does not exceed the grading limits set forth in Section 17.76.040 of the
RPVMC.
Section 19: The proposed signs are consistent with the sign standards of the City's
Development Code and, accordingly, are approved for that reason.
Section 20: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council of
the City of Rancho Palos Verdes hereby conditionally approves Conditional Use Permit
#96 — Revision "D", Grading Permit, Minor Exception Permit and Sign Permit (Planning
Case No. ZON2007-00492) for the establishment of a Master Plan for the development of
the St. John Fisher Church and School property, including: 32,426 square feet of new
building area for a new sanctuary, preschool, administration building, library, art room,
storage area, storage garage and offices; demolition of 10,329 square feet, including the
existing rectory, youth building and offices; remodel 26,544 square feet of existing building
area, including existing offices, classrooms, converting the existing convent into a new
rectory and converting the existing sanctuary into a new gymnasium; a total of 30,688 cubic
Resolution No. 2009-10
Page 6 of 7
103
yards of grading, including 19,694 cubic yards of raw cut and 10,994 cubic yards of raw fill,
resulting in 8,700 cubic yards of exportation; and a new monument sign, attached to the
sanctuary, at the corner of Crest and Crenshaw, located at 5448 Crest Road, subject to the
conditions of approval in the attached Exhibit 'B', which are incorporated herein and into
the project by this reference.
Section 21: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 17th day of February 2009,
Mayor
Attest:
0a _
City Clerk
State of California )
County of Los Angeles ) ss
City or Rancho Palos Verdes )
I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the above Resolution No. 2009-10 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on February 17, 2009,
City Clerk
Resolution No. 2009-10
Page 7 of 7
104
Exhibit "B"
Conditions of Approval
Case No. ZON2007-00492
(Conditional Use Permit #96 — Revision "D", et. all.)
C',aninral
1. All mitigation measures contained in the approved Mitigation Monitoring Program
contained in C.C. Resolution No. 2009----- for the Mitigated Negative Declaration,
shall be incorporated into the proposed Project and adhered to, and are
incorporated herein by reference.
2. The proposed Project, including site layout, the building and appearances, and
signage throughout the site, shall be constructed and maintained in substantial
compliance with the plans reviewed and approved by the City Council, and
stamped APPROVED by the City with the effective date of the Notice of
Decision.
I The Director of Planning, Building and Code Enforcement is authorized to
approve minor modifications to the approved plans or any of the conditions if
such modifications achieve substantially the same results as would strict
compliance with said plans and conditions. Otherwise, all other modifications
shall be subject to review and approval by the City Council.
4. 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 listed below.
Failure to provide said written statement within ninety (90) days following the
date of this approval shall render this approval null and void.
5. Prior to the submittal of plans into Building and Safety plan -check, the applicant
shall obtain an encroachment permit from the Director of Public Works for any
curb cuts or any other temporary or permanent improvements within the public
rights-of-way.
6. 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.
7. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall
conform to the appropriate development and operational standards of the City's
Municipal Code.
8. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation
Resolution No. 2009-10
Exhibit B
Page 1 of 14
105
procedures contained in Section 17.86.060 of the City's Municipal Code.
9. In the event that any of these conditions conflict with the requirements of another
permitting agency or City department, the stricter standard shall apply.
10. 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 is not limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or
discarded furniture, appliances or fixtures.
11. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
12. All mechanical equipment, whether roof -mounted or ground -mounted, shall be
adequately screened to the extent practicable from other properties and/or public
rights-of-way.
13. The project applicant shall maintain, in good condition, two access driveways.
One access driveway shall be provided from Crest Road and a second access
driveway shall be provided from Crenshaw Boulevard.
Proiect Description
14. This approval establishes a Master Plan (St. John Fisher Master Plan) for the St.
John Fisher property located at 5448 Crest Road. The approved Master Plan
identifies a combined total of 32,426 square feet of new building area for a new
sanctuary, preschool, administration building, library, art room, storage area,
storage garage and offices; 10,329 square feet of existing facilities to be
demolished, including offices, a youth building and the existing rectory along the
north property line, and 26,544 square feet of the existing facilities to be
remodeled, including converting the existing convent into a new rectory,
converting the existing sanctuary into a new gymnasium and remodeling existing
classrooms and offices.
15. The approved St. John Fisher Master Plan allows for the following additions to
the property:
A new 17,000 square foot sanctuary (to replace the existing 15,402 square
foot sanctuary) to be located at the northwest corner of the subject property.
The sanctuary also includes a 900 square foot basement for the housing of
mechanical equipment. The new sanctuary will be circular in shape, whereby
the main structure will range in height from 15-0" at the northeast end of the
structure to 43'-0" at the southwest. In addition, the new sanctuary will include
a steeple, at the west end of the structure, with a maximum height of 60'-0" to
Resolution No. 2009-10
Exhibit B
Page 2 of 14
the top of the steeple and 74'-0" to the top of the cross which will be affixed to
the top of the steeple.
=> A new 9,788 square foot administration building (7,488 square foot first floor
and 2,300 square foot basement); and
=> A 1,074 square foot addition for the creation of two new classrooms for the
preschool; and
=> A new 1,289 square foot art room at the northwest corner of the existing
classrooms; and
=> A new 1,217 square foot school library at the northeast corner of the existing
classrooms; and
=> A 304 square foot expansion to Barrett Hall for storage area; and
=> A new 454 square foot garage at the southeast corner of the property,
adjacent to the priest's new rectory (previously a convent); and
=> A 400 square foot addition north of the existing music room to accommodate
two (2) new offices.
16. The style and exterior materials of the proposed buildings shall be consistent with
the architectural plans presented to and approved by the City Council.
Lighting
17. Exterior lighting shall be in compliance with the standards of Section 17.56.040 of
the Rancho Palos Verdes Development Code and as identified and conditioned
in the Certified Mitigated Negative Declaration.
18. All exterior lighting shall be arranged and shielded so as to prevent direct
illumination of surrounding property and to prevent distraction of drivers of
vehicles on public rights-of-way. Luminaries shall be of a low-level, indirect and
diffused type.
19. No one light fixture shall exceed 1,200 watts, and the light source shall not be
directed toward or result in direct illumination of an adjacent parcel of property or
properties other than that upon which such light source is physically located. All
exterior lighting shall be arranged and shielded so as to prevent direct
illumination of abutting properties and to prevent distraction of drivers of vehicles
on public rights-of-way.
20. No building -mounted outdoor lighting shall be permitted where the light source or
fixture is mounted more than sixteen (16) feet above grade, as measured from
Resolution No. 2009-10
Exhibit B
Page 3 of 14
107
grade, adjacent to the building.
21. All outdoor lighting, including all outdoor illuminated signs, shall be turned off by
9:00 P.M. Monday through Sunday, except for lighting used for security, lighting
of the sanctuary on Christmas Eve and Easter Vigil, which shall be turned off by
2 A.M, and additional security lighting the first Friday of every month. Prior to
issuance of a Building Permit or Grading Permit, the applicant shall provide the
Planning Department with a lighting plan for review and approval by the Planning
Director that indicates the lights that will remain lit throughout the evening for
security.
22. Exterior sanctuary lighting shall be installed prior to issuance of the Certificate of
Occupancy for the sanctuary._After installation of all lighting, but prior to Issuance
of Certificate of Use and Occupancy of the proposed sanctuary and parking lot,
the developer shall request that the City conduct an inspection of the site to
ensure that there is no spill-over of light onto adjacent properties.
Grading and Drainage
23. This approval allows a total of 30,688 cubic yards of grading with the following
quantity breakdown:
a. 19,694 cubic yards of excavation
b. 10,994 cubic yards of fill
24. Stockpiling of earthwork shall be limited to a maximum of 200 cubic yards in any
given area, shall not be stockpiled on the property for more than a period of six
(6) months, and the applicant shall adequately screen the visibility of all
stockpiles to the extent practicable from the public right-of-way, as determined by
the City's Building Official.
25. A maximum of 8,700 cubic yards of excavation is permitted for export.
26. The applicant is allowed to construct a total of five (5) retaining walls as
described below:
a. A combination wall along the east property line, adjacent to the existing
driveway, shall not exceed a maximum height of 11'-6",
b. A combination wall along the west side of the existing driveway, accessed
from Crest Road (maximum height of 11'-6"),
c. A combination wall to accommodate new parking along the south property
line (maximum height of 11'-6"),
d. A new retaining wall, just north of the proposed parking lot (maximum height
of 7'-6",
Resolution No. 2009-10
Exhibit B
Page 4 of 14
e. An 8'-0" tall retaining wall between the proposed Parish Activity
Center/gymnasium and new sanctuary for a columbarium.
27. The applicant shall install wrought -iron or aluminum decorative fencing on top of
all proposed combination walls. The wrought -iron or aluminum fencing shall be
constructed in a manner by which not less than eighty (80%) of the vertical
surface is open to permit the transmission of light, air or vision through said
surface in a horizontal plane, as described in the development code definition for
a "fence" pursuant to the RPVMC.
28. Construction of buildings is prohibited on extreme slopes (35% or greater slope).
Parking
29. Only the uses which are listed in the parking analysis that was approved by the
City Council, shall be allowed to be constructed on the St. John Fisher property.
These uses will generally take place in the following structures:
• Sanctuary (assembly space)
• Elementary School (classrooms)
• Preschool (classrooms)
• Administrative Building (office space)
• School Library
• Barrett Hall Complex (including the assembly space)
• Parish Activity Center/Gymnasium (assembly space)
• Fireside Room (assembly space)
• Multi-purpose room (assembly space)
• Rectory (single-family residential)
• K-8 Religious education (in existing structures)
• Art Room (classroom)
30. All facilities, activities and/or uses on the St. John Fisher property shall be
operated in such a manner so as not to create simultaneous demand for
maximum on-site parking requirements that would exceed 331 spaces when the
St. John Fisher School is in session and 354 parking spaces (331 regular spaces
and 23 seasonal/peak parking spaces on-site) when school is not in session,
without approval from the Director of Planning, Building and Code Enforcement
of a Special Use Permit. If the church is fully occupied and concurrent Religious
Education classes are fully occupied, no other assembly activity can occur on the
property unless that activity requires 23 or fewer parking spaces.
31. If an event or activity is proposed that would occupy the parking spaces, thereby
reducing available parking by more than 25% of the 331 required parking spaces,
a Special Use Permit shall be required.
32. Of the 331 required parking spaces, 265 standard parking spaces shall be
Resolution No. 2009-10
Exhibit B
Page 5 of 14
WE
provided, which meet the minimum dimensions set forth in Section 17.50 of the
RPVMC (9' width by 20' depth).
33. Of the 331 required parking spaces, a maximum 66 compact parking spaces are
permitted, provided the spaces meet the minimum dimensions set forth in
Section 17.50 of the RPVMC (8' width by 15' depth).
34. In addition to the required 331 parking spaces, the applicant shall provide a
minimum of 3 loading spaces, which shall meet the minimum dimensions set
forth in Section 17.50 of the RPVMC (10' width by 20' depth with 14' clearance).
35. In addition to the required 331 parking spaces, the property owner shall maintain
23 additional seasonal/peak parking spaces for overflow parking. The
seasonal/peak parking spaces shall not be used when St. John Fisher
Elementary School or Preschool is in session.
36. The seasonal/peak parking areas shall be planted and maintained with turf that is
wear -resistant.
37. The seasonal/peak parking spaces shall meet the minimum dimensions and
requirements for standard parking spaces (9' width by 20' depth) and compact
parking standards (8' width by 15' depth). A maximum of 20% of the
seasonal/peak parking spaces may be dedicated for compact parking.
38. The seasonal/peak parking areas shall be located in the areas depicted on the
City Council -approved site plan. Specifically, a minimum of 23 seasonal/peak
parking spaces shall be located in the turf area just south of Barrett Hall.
39. The property owner shall execute an agreement with the property owner of
Daughters of Mary and Joseph, to be recorded with the County of Los Angeles,
against both the subject property and the Daughters of Mary and Joseph
property, prior to issuance of a building permit and/or grading permit, allowing St.
John Fisher to use a minimum of 50% of the Daughters of Mary and Joseph
paved parking spaces (45 spaces) for overflow parking on Christmas Eve, Easter
Sunday and during the construction period.
40. Throughout all phases of demolition, construction and grading, the applicant shall
make reasonable efforts to maintain the 331 required parking spaces. The
property owner shall maintain a minimum of 217 non-seasonal/peak parking
spaces for the sanctuary at all times during construction and prior to issuance of
the Certificate of Occupancy of the new sanctuary.
41. No overnight parking or storage of vehicles associated with construction shall be
permitted in the public right-of-way during construction.
Building Heights and Square Footage
42. The new sanctuary shall not exceed a maximum footprint of 17,000 square feet
Resolution No. 2009-10
Exhibit B
Page 6 of 14
110
with a 900 square foot basement beneath the main floor. The new sanctuary
shall not exceed a maximum height of 15'-0" at the northeast end of the structure
and 60'-0" at the top of the steeple and 74'-0" at the top of the cross that is
placed upon the steeple, which is located at the west end of the structure. The
sanctuary shall be setback a minimum of 57'-0" from the west street -side
property line along Crenshaw Boulevard and 62'-0" from the north street -side
property line along Crest Road.
BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING
OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO BUILDING PERMIT
FINAL.
SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER
OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION
SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW
AND APPROVAL PRIOR TO POURING OF FOOTINGS.
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING
OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF
FRAMING/SHEETING INSPECTION.
43. The new administrative building, along the west side of the existing school, shall
not exceed a maximum footprint of 7,488 square feet. Additionally, a 2,300
square foot basement beneath the main floor shall be permitted. The new
administrative building shall not exceed a maximum height of 26'-0", as
measured from lowest adjacent grade.
BUILDING AREA CERTIFICATION IS REQUIRED. A
LICENSED CIVIL
ENGINEER OR
SURVEYOR
SHALL PREPARE THE CERTIFICATION.
CERTIFICATION
SHALL BE
SUBMITTED TO THE
CITY'S BUILDING
OFFICIAL FOR
REVIEW AND
APPROVAL PRIOR TO
BUILDING PERMIT
FINAL.
BUILDING AREA
CERTIFICATION IS REQUIRED. A
LICENSED CIVIL
ENGINEER OR
SURVEYOR
SHALL PREPARE THE CERTIFICATION.
CERTIFICATION
SHALL BE
SUBMITTED TO THE
CITY'S BUILDING
OFFICIAL FOR
REVIEW AND
APPROVAL PRIOR TO
BULDING PERMIT
FINAL.
Phasing
44. Installation of any temporary modular buildings, other than those used by the
contractor during construction, shall require a Special Use Permit during all
phases of the St. John Fisher Master Plan.
Resolution No. 2009-10
Exhibit B
Page 7 of 14
111
45. The proposed St. John Fisher Master Plan may be broken up into two main
phases as described below. If within one year of the final effective date of the
Notice of Decision, the applicant has not submitted an application for a building
permit for the approved project or has not commenced the approved project as
described in Phase One below, 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 Director. All elements of the approved Master Pian that are not submitted
as described in Phase One and Phase Two below, shall require additional future
review and approval through the CUP process and additional CEQA review.
Phase One and Phase Two are described as follows:
a. Phase One: Phase One includes the construction of the new sanctuary,
remodel of the existing sanctuary into a gymnasium/parish activity center,
construction of a new parking lot, demolition of the existing rectory and
youth building on the north and east sides of the property,
remodel/conversion of existing convent into rectory and site work that will
not be impacted by future phase construction. The Planning Entitlements
for all construction described under "Phase One" shall remain in full force
and effect for a maximum of one (1) year from the final effective date of
the Notice of Decision for the St. John Fisher Master Plan unless
construction plans have been submitted to Building and Safety for plan
check.
b. Phase Two: Phase Two includes the construction of the new
administration building, remodel the existing administration building into
meeting rooms, construction of a new preschool, library, and art room and
remaining site work associated with phase two construction. The Planning
Entitlements for all construction described under "Phase Two" shall remain
in full force and effect for a maximum of five (5) years from the final
effective date of the Notice of Decision for the St. John Fisher Master Plan
unless construction plans for the final phase of construction have been
submitted to Building and Safety for plan check.
Affordable Housinq Requirement
46. The property owner and/or applicant shall provide affordable housing as required
by Section 17.11.140(A) (Affordable Housing) of the RPVMC prior to issuance of
the first Certificate of Occupancy associated with the St. John Fisher Master
Plan, unless the applicant demonstrates to the satisfaction of the Director of
Planning, Building and Code Enforcement that they are exempted from such
requirement pursuant to the exemptions described in Section 17.11.140(B) of the
RPVMC.
Landscaping
Resolution No. 2009-10
Exhibit B
Page 8 of 14
112
47. A Landscape Plan shall be submitted to the City and approved by the City's
Landscape Consultant prior to issuance of a Building Permit or Grading Permit.
The proposed landscaping shall be in substantial compliance with the City
Council approved Landscape Plan and shall screen the new sanctuary from
neighboring properties and the surrounding rights-of-way, consistent with the
Applicant's photo simulations presented to the City Council on December 16,
2008, and shall be in substantial compliance with the site plan reviewed and
approved by the City Council. The landscaping plan shall also indicate the
species, growth rate and maximum heights of all proposed trees.
48. The applicant shall retain a majority of the existing mature trees located along the
west street side property line, along Crenshaw Boulevard. Included in the
Landscape Plan identified in Condition No. 51, the applicant shall submit a Tree
Retention Plan indicating which existing trees will be removed and which trees
will be maintained in a thriving manner along Crenshaw Boulevard. Said plan
shall be reviewed and approved by the Director of Planning, Building and Code
Enforcement prior to issuance of grading permits or building permits. If any of
the retained mature trees become diseased or die, the trees shall be replaced by
the Applicant within thirty days with a species of tree approved by the Director of
Planning, Building and Code Enforcement.
49. All landscaping at the corner of Crest and Crenshaw Boulevard shall be planted
and installed prior to issuance of Certificate of Occupancy of the new sanctuary
to the satisfaction of the Director of Planning, Building and Code Enforcement.
50. New trees provided for screening of the new sanctuary at the corner of Crest
Road and Crenshaw Boulevard shall be non -deciduous trees.
51. All existing trees that are not affected by the proposed construction, shall be
maintained in a thriving manner. Any trees that become diseased or die shall
be replaced within thirty days by the Applicant with a species of tree approved by
the Director of Planning, Building and Code Enforcement.
52. Landscaping shall be provided and maintained along south property line,
adjacent to the parking lot. In the event the required landscaping is destroyed
and/or removed, the property owner shall either install a 5-0" tall masonry wall
along the south property line or restore the landscaping to adequately screen the
parking lot from the residential neighborhood to the south, as determined by the
Director of Planning, Building and Code Enforcement.
53. Prior to issuance of a grading and/or building permit, the Applicant, St. John
Fisher, shall fund a Trust Deposit in an amount of $18,500 to cover the cost of
the installation of 24 -inch box New Zealand Christmas trees along the west side
of Crenshaw Boulevard within the City's public right-of-way, south of Crest Road
and north of the Island View entrance to help screen the new sanctuary building
Resolution No. 2009-10
Exhibit B
Page 9 of 14
113
from the four properties that abut Crenshaw Blvd at this location. The location of
the trees and number of trees shall be determined by the Director of Planning,
Building and Code Enforcement but in no case shall the number exceed 20
trees. Said trees shall be installed prior to the issuance of a Building Permit for
the sanctuary. All costs for installation and future maintenance of said trees shall
be fully paid for by the Applicant. The Applicant shall maintain said trees as
directed by the City. Maintenance shall consist of trimming, watering,
replacement, or spraying or other care of diseased or damaged trees. Prior to
conducting maintenance on any of said trees, the Applicant shall provide proof to
the City that any contractors used by the Applicant to maintain said trees are
licensed, insured and bonded. If any of the trees die as a result of the negligent
or willful action of a third party, the Applicant may attempt to recover the cost of
replacing the tree from the third party, and the City shall reasonably cooperate
with the Church in that effort. The trees shall not be installed adjacent to any
property where the owner has notified the City in writing by June 1, 2009 that
they do not want trees installed adjacent to their respective property. If all four
property owners object to the planting of trees, the Applicant will not be required
to pay for the installation or maintenance of said trees.
Bell Schedule
54. The carillon bells are permitted to ring on the following days and times only:
a. Monday through Saturday at 8:00 AM, 12:00 PM, and 6:00 PM; and
b. Either shortly before or at the commencement of Sunday Masses, for a
maximum of six (6) times, not before 8:50 AM or after 6:00 PM; and
c. Christmas Eve Masses, but at no time before 8:00 AM or after 6:OOPM;
and
d. After Weddings, but at no time before 8:00 AM or after 6:OOPM; and
e. After Funerals, but at no time before 8:00 AM or after 6:OOPM; and
f. the following Holy Days: 1) The Assumption of the Blessed Mother
(August 15), 2) All Saints Day (November 1), and 3) The Immaculate
Conception (December 8), but at no time before 7:00 AM or after 6:OOPM.
55. The carillon bells shall not chime for more than a period of 90 seconds at each
allotted time.
56. The speakers for the carillon bells shall be directed towards face the interior of
the lot and shall not directly face any adjacent residential properties.
57. The speakers for the carillon bells shall not exceed a maximum height of 16'-0",
as measured from grade, adjacent to the location of the bells on the sanctuary.
58. The speakers for the carillon bells shall be setback a minimum of 110'-5" from
any property line, as noted on the approved project plans.
Resolution No. 2009-10
Exhibit B
Page 10 of 14
114
Signs
59. The speakers for the carillon bells shall only be used for the sounding of bells at
the approved times.
60. The signage on the subject property shall be subject to the following conditions:
a) One major wall sign at the corner of Crest Road and Crenshaw Boulevard,
attached and parallel to the proposed building fagade of the new sanctuary.
b) The maximum sign area shall not exceed a maximum of 75 square feet (63
square feet proposed).
c) The signage shall not be internally illuminated.
Indemnification
61. The owner of the property upon which the project is located shall hold harmless
and indemnify the City, members of its City Council, boards, committees,
commissions, officers, employees, servants, attorneys, volunteers, and agents
serving as independent contractors in the role of city or agency officials,
(collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost
or expense, including but not limited to death or injury to any person and injury to
any property, resulting from willful misconduct, negligent acts, error or omissions
of the owner, the applicant, the project operator, or any of their respective
officers, employees, or agents, arising or claimed to arise, directly or indirectly, in
whole or in part, out of, in conjunction with, resulting from, the maintenance of the
trees adopted by the Applicant pursuant to Condition No. -53 or related to the
construction approved by this resolution.
Source Reduction and Recycling
62. Prior to issuance of any Certificate of Occupancy, the applicant shall prepare and
submit to the Director of Public Works for review and approval a comprehensive
Integrated Waste Management Plan (Plan) that addresses source reduction,
reuse and recycling.
63. Prior to issuance of any building and/or grading permits, an approved
Construction and Demolition Materials Management Plan (CDMMP) shall be
prepared and submitted to the Director of Public Works for approval.
64. Prior to issuance of any Certificate of Occupancy, a Construction and Demolition
Materials Disposition Summary (Summary) shall be submitted to the Director of
Public Works upon completion of deconstruction and construction. The Summary
Resolution No. 2009-10
Exhibit B
Page 11 of 14
115
shall indicate actual recycling activities and compliance with the diversion
requirement, based on weight tags or other sufficient documentation.
65. Where possible, the site design shall incorporate the use of recycled building
materials and the re -use of on-site demolition debris.
66. The project site design shall incorporate areas for collection of solid waste with
adequate space for separate collection of recyclables.
Miscellaneous
67. The access stairs and ramp at the corner of Crest and Crenshaw shall only be
installed if required by the California Building Code or Fire Department, and if
required, shall not vary materially from the minimum specifications of size
required by law. The applicant shall obtain an encroachment permit for any
portion of the stairs or ramp which is located within the public right of way.
68. Prior to issuance of building permits and/or grading permits, the property owner
shall submit final geotechnical and soils reports to the City for review and
approval by the Building Official and the City's Geotechnical Consultant. All
conditions specified in the approved geotechnical and soils reports shall be
incorporated into the project.
69. Prior to the issuance of a building and/or grading permit from the City's Building
and Safety Division, the applicant shall obtain NPDES approval from the City's
NPDES consultant.
70. Prior to issuance of demolition, building, and/or grading permits, a construction
haul route plan shall be submitted and approved by the City's Public Works
Department.
71. The speakers attached to the existing sanctuary that is proposed to be
remodeled into a new Parish Activity Center/Gymnasium shall be removed prior
to issuance of certificate of occupancy for the new sanctuary.
72. Sports Activities in the Parish Activity Center/Gymnasium shall not be permitted
after 10:00 P.M. without the review and approval from the Director of Planning,
Building and Code Enforcement of a Special Use Permit. Bleachers shall not be
used in the Parish Activity Center/Gymnasium.
73. The Parish Activity Center/Gymnasium shall not be used by unaffiliated sports
leagues of which St. John Fisher is not a member without the review and
approval by the Director of Planning, Building and Code Enforcement of a
Special Use Permit.
Future City Council Reviews
Resolution No. 2009-10
Exhibit B
Page 12 of 14
116
74. The carillon bells and the exterior lighting of the sanctuary shall be installed prior
to issuance of a Certificate of Occupancy for the new sanctuary and shall be
installed as shown on the approved plans. No later than two (2) months after
issuance of a Certificate of Occupancy for the new sanctuary, the City Council
shall review the impacts of the carillon bells and exterior sanctuary lighting to
assess the effectiveness of the Conditions of Approval in minimizing the impacts
of the bells and exterior sanctuary lighting to neighboring properties. At that time,
the City Council may add, relieve, delete and/or modify any of the respective
conditions of approval or may prohibit the use of the carillon bells and/or outdoor
sanctuary lighting if the City Council determines that the imposed conditions are
not effective in minimizing the sound and/or lighting effects to neighbors. Said
modifications shall not result in substantial changes to the design of the
sanctuary or other ancillary structures. Notice of said review hearing shall be
published and provided to owners of property within a 500 -foot radius of the
subject site, to persons requesting a notice, to all affected homeowner
associations and to the property owner in accordance with the RPVMC. The City
Council may require such subsequent additional reviews, as the City Council
deems appropriate.
75. The effectiveness of the landscaping for screening the sanctuary pursuant to
Condition No. 47, exterior sanctuary lighting, parking and the carillon bells shall
be subject to review and modification, as deemed necessary and appropriate by
the City Council, no later than one (1) year, and subsequently two (2) years, after
the Certificate of Occupancy for the new sanctuary is issued. Notice of said
review hearing shall be published and provided to owners of property within a
500' radius, to persons requesting notice, to all affected homeowners
associations, and to the property owner in accordance with Rancho Palos Verdes
Development Code Section 17.80.090. At that time, the City Council may add,
delete, or modify the related conditions of approval as deemed necessary and
appropriate by the City Council. The City Council may impose more restrictive
standards and conditions to mitigate any impacts resulting from the installation of
landscaping, lighting, parking and the carillon bells.
76. The Conditions of Approval contained herein shall be subject to review and
modification, as deemed necessary and appropriate by the City Council, six (6)
months after issuance of a final Certificate of Occupancy for all structures within
Phase One, as defined in Condition No. 45. The City Council shall review the
applicant's compliance with the conditions of approval, and to determine if the
conditions are accomplishing their intended purposes. Notice of said review
hearing shall be published and provided to owners of property within a 500'
radius, to persons requesting notice, to all affected homeowners associations,
and to the property owner in accordance with Rancho Palos Verdes
Development Code Section 17.80.090. At that time, the City Council may add,
delete, or modify the conditions of approval as deemed necessary and
appropriate by the City Council. As part of the six month review, the City Council
Resolution No. 2009-10
Exhibit B
Page 13 of 14
117
shall consider the on-site lighting, parking conditions, circulation patterns and the
hours of operation for the uses permitted on-site, in addition to other concerns
raised by the City Council and/or interested parties. The City Council may impose
more restrictive standards and conditions to mitigate any impacts resulting from
the operation of the Project.
77. At any time in the future, the effectiveness of the parking conditions shall be
reviewed by the City Council if the number of Sunday masses is reduced to four
(4) or fewer Sunday masses for a period of time exceeding three (3) months.
Notice of said review hearing shall be published and provided to owners of
property within a 500' radius, to persons requesting notice, to all affected
homeowners' associations, and to the property owner in accordance with Rancho
Palos Verdes Development Code Section 17.80.090.
Resolution No. 2009-10
Exhibit B
Page 14 of 14
118