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053046"T RESOLUTION NO. 530 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING ZONING CASE NO. 297 IN PART FOR USE OF THE LA CRESTA SCHOOL FOR HARBOR COLLEGE ADULT EDUCATION PROGRAMS AND DENYING THAT PORTION OF CASE NO. 297 REQUESTING USE OF.THE SITE AS A CONTINUATION SCHOOL THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY RESOLVE AND ORDER: Section 1. An application was duly filed by the Palos Verdes Peninsula Unified School District with respect to real property described in Exhibit A attached hereto requesting a conditional use permit under Section 17.16.012 of the Rolling Hills Municipal Code anda variance from the restrictions of kindergarten through eighth grade contained in that section to permit use of a former elementary school site located in the RA -S-2 (Residential Agriculture— Suburban--2:-acre minimum) zoned district for Harbor College Adult Education.Programs and for a high school level continuation school. Section 2. On May 31, 1984, following a duly noticed public hearing at which evidence, both written and oral, was received and considered, the Planning Commission denied the request of the applicant. Pursuant to Section 17.32.140 of the Rolling Hills Municipal Code, the applicant filed an appeal from the decision.of the Planning Commission on June 1, 1984. Section 3.. On June 11, 1984, the City Council, acting as the Board of Zoning Adjustment and Appeal conducted a public hearing to consider de novo.the appeal brought by the School District at 7:30 p.m. in the Council Chambers, City Hall, No. 2 Portuguese Bend Road, Rolling Hills, California. A notice of the time, date, place and purpose of the aforesaid hearing was duly given. Section 4. Evidence, both written and oral, was duly presented to and considered by the City Council at the aforesaid public hearing. Section 5. Upon review and consideration of the MJ77-26B evidence and testimony presented at the hearing, the City Council acting as Board of zoning Adjustment and Appeal finds, pursuant to Sections 17.32..060 and 17.32.030 of the Rolling Hills Municipal Code, that. - 1. Under Section 17.16.012 of the Rolling Hllls Municipal Code, schools from kindergarten through grade eighth are permitted in the RAS zone upon approval of a conditionl use permit. The application submitted by the school district for dual use of the school site for both a program of adult classes and a high school level continuation school requires approval of a variance in.order.to deviate from this limitation. N 2. The La Cresta School was initially constructed ''- and commenced operation as an elementary school in September _1965 - to serve the educational needs of the young children residing in the surrounding community. A typical neighborhood elementary school.,, La Cresta had an insignificant impact on the enjoyment of surrounding properties due to shortness of the school day, the young age of attending school -children, and the high degree of parental involvement in the school. 3. In the late ' 1970's due to declining enrollment in the school,,districti, La Cresta was closed as an elementary school. It , has been -used since that time by the bistrict variously for administrative offices, district maintenance headquarters and most recently, as a site for adult education classes sponsored by Harbor College. 4.- Though the school is in close physical proximity to neighboring homes, these latter -uses of the site have had a minimal impact on the community. This is largely due to the limited number of persons and cars using the premises, the relatively passive nature of the uses and the restriction of the site to use by adults for short durations.and'for7 highly circumscribed purposes.' The District presently - intends to sell the La Cresta School site for residential purposes at such time as it can relocate its maintenance operation; the existing uses are regarded'by the District and the City as interim uses. 5. By this application, the District seeks to continue leasing a portion of La Cresta to Harbor College for its ongoing programs of adult education classes. This program has received strong community support and has become well-established as an interim use in the school.. Experience with the program has demonstrated minimal impact on the surrounding community, with respect to noise, automobile MJ77-27B traffic and interference with privacy. A number of residents of the City are enrolled in the program. 6. Also by this application, the District seeks to utilize La Cresta for a continuation high school for a one year period until a permanent location for such a school. can be readied. A continuation high school is an alternative educational program for 16 through 18 year old students. 7. The evidence received demonstrates that use of La Cresta as a.high school facility for 60 to 80 high school E`. age, students would represent a significant departure from �• past uses and would present significant impacts on the t� surrounding residential neighborhood. Such a use would drastically increase the all -day and year-round population V on the site, would increase the number of automobiles regularly travelling to and from and parking on the site and would present a potential fire hazard resulting from smoking in and around the school premises. The District proposes only 16 parking spaces for a proposed maximum of 80 high school age students, which is inadequate and will result in on -street parking in the immediate area of the school. A high school use would be a far more intrusive utilization of a facility designed as an elementary school and in particular, the presence of a large number of high school students with attendant noise and a typical range of activities will intrude upon the privacy and the free and unencumbered use and enjoyment by neighbors of surrounding residential properties. 8. In summary, the evidence demonstrates that the use of La Cresta for adult education classes meets the requirements of Sections 17.32.050 and 17.32.060 for condi- tional use permits because such classes are compatible with the surrounding area, are consistent with the goals and objectives of the zoning ordinance and are in furtherance of the public welfare and convenience. The evidence shows that such usage keeps the school property properly maintained, is relatively quiet and unobtrusive and is patronized by members of the community. 9. In addition, the evidence demonstrates that the requirements of Section 17.32.030 regarding issuance of variances have been satisfied in that: (a) the property is unique and presents an extraordinary circumstance because unlike other properties in the zone, it has situated thereon a school building; -3- 470 . i (b) Were the building to be left standing and unused, it would deteriorate from neglect and would become a blight in the community and an attractive nuisance for vandals and playing children; (c) The variance from the K-8 limitation is necessary to allow the owner the enjoyment of its property right by allowing it to make a beneficial use of the prop- erty until the property is sold; (d) The variance will not be detrimental to the public welfare or injurious to propery in the vicinity as is evidenced by past experience with the usage. (e) The variance would be in harmony with.the . intent of the Zoning Ordinance. 10. The evidence demonstrates that use of the La Cresta School as a continuation high school does not meet either the requirements for a conditional use permit or a variance. Such a use would not be compatible with the surrounding neighborhood and is inconsistent with the goals and objeptives of the Zoning Ordinance due to impacts of noise, automobile traffic, lack of adequate parking, potential fire hazard, and intrusions by teenaged students on the privacy, peace and quiet of the surrounding residential area. In addition, the requirements for a variance are not satisfied because: (a) There are alternative locations for housing the continuation school that are more compatible with such a use; (b) This use is not necessary for the District to enjoy its property right due to the existence of current uses of the site; (c) The variance would be materially detrimental to the public welfare, injurious to surrounding residences and out of harmony with the intent of the Zoning Ordinance. Section 6. The City Council has reviewed the Initial Study and Negative Declaration prepared in connection with the proposal and finds that the use of the La Cresta School site for adult education classes will not have a significant effect on the environment. The Council finds, however, that use of the site for a continuation high school will have a significant effect on the environment as described -4- 1 1 MJ77-29B hereinabove. The Negative Declaration is approved only as to the Harbor College Adult Education Program. Section 7. Based on the foregoing findings, the Council hereby upholds the decision of the Planning Commission to deny a conditional use permit and variance to the applicant for a continuation high school, and also, the Council grants the portion of the appeal and hereby grants a conditional use permit and variance for use of the site for adult education classes as requested, for a period of one year �•. from the date hereof. PASED, APPROVED AND ADOPTED this 2nd day of July , 1984. U V L �p, vtv�_a flQa n_ Mayor ATTEIk J •City CZlerk I hereby certify that the foregoing Resolution No. 530 was duly adopted by the City Council of the City of Rolling Hills California at a regular meeting thereof held on the 2nd day of July, 1984 by the following vote.: AYES: NOES: ABSENT: Councilmembers Murdock, Swanson, Mayor Leeuwenbur,oh Councilman Heinsheimer Councilman Pernell -5- City Clerk 471: