Loading...
PC RES 2008-044 P.C. RESOLUTION . 2008-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO P L S VE DES CONDITIONALLY APP OVIN A REVISION TO A CONDITIONAL USE PERMIT AND A VARIANCE (Z N2008-00146) TO ALLOWTHE REDUCTION IN THE OVERALL NUMBER OF PARKING SPACES AND TO PERFORM PHYSICAL IMPROVEMENTS TO THE CANTERBURY LOCATED AT 5801 CRESTRIDGE ROAD. WHEREAS, on February 6, 1979, the City Council approved Conditional Use Permit No. 41 and Variance No. 34, allowing the construction of a new retirement care facility ('Canterbury Gardens') to be constructed on a vacant lot with a reduced number of parking spaces. Since this approval, numerous amendments to the original CUP were approved by the Planning Commission. These amendments allowed additional uses, change in use for specific buildings, reduction in number of units, construction of new accessory structures, building additions, parking space additions, replacing signs and the conversion of existing units to larger or smaller units; and, WHEREAS, on march 18, 2008, the applicant submitted an application for an amendment to the existing Conditional Use Permit and a Variance, requesting approval to reduce the overall number of existing parking spaces and perform physical upgrades to The Canterbury community; and, WHEREAS, on September 25, 2008, the applicant submitted additional information and staff deemed the project complete; 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 Planning Commission found no evidence that the revision to a Conditional Use Permit and Variance will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 11 (Section 15311); and, WHEREAS, after noticed issued on September 25, 2008, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on November 11, 2008, 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: That the proposed project includes the replacement of existing enclosed parking garages with surface parking spaces; reducing the overall number of parking spaces from 146 to 135; constructing a new entryway, turn-around area and fountain; remodeling an existing outdoor dining area to the rear of Building E; improving the driveway entrance at Crestridge Road; and constructing a new monument sign for identification purposes. P.C. Resolution No. 2008-44 Page 1 of 8 Section a That 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 this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. The proposed project involves physical upgrades to the existing facility, demolition of 40 enclosed garage spaces and the construction of 29 open parking spaces. The proposed physical upgrades meet all required development standards, including but not limited to setbacks and heights. In regards to the change in the number of parking areas, given that the proposed request includes a demolition of existing structures and does not involve any increase to the building size, the site remains adequate in size and shape to accommodate the proposed modifications to the Canterbury premises. Therefore, this finding can be met. Section 3: That 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 applicant is proposing to reduce the overall number of parking spaces, from 146 to 135. As such, the proposed project will not affect the existing type and quantity of traffic generated by the retirement care facility since there is no increase in use that would generate additional traffic. Section 4e That in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof because the proposal does not include any additions nor will it generate additional traffic. The proposed project does not involve any building additions that may affect views from surrounding properties. Additionally, conditions have been added to Exhibit 'A' to ensure the proposed lighting in the new parking area and outdoor patio behind Building E will not cause any spill over to the adjacent properties. Furthermore, additional conditions have been included regarding the temporary noise caused by the initial demolition and construction. Section 5: That the proposed use is not contrary to the General Plan because the proposed project is an upgrade to an existing facility, enhancing the visual character and physical quality of the immediate neighborhoods, consistent with the intent of the General Plan. Additionally, the proposal does not include any changes to the existing use of the subject property. Section 6: That conditions regarding any of the requirements listed in this paragraph, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed (including but not limited to): setbacks and buffers; fences or walls; lighting; vehicular ingress or egress; noise, vibration, odors and similar emissions; landscaping; maintenance of structures, grounds or signs; service roads or alleys; and such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title (Title 17 — Zoning), as described in the conditions of approval of the attached Exhibit 'A.' The proposed accessory structures comply with both the development standards of the Institutional district, general standards in RPVMC Section 17.48 (Lots, Setbacks, Open Space Area and Building Height), lighting standards in RPVMC Section 17.56.040 and sign permit standards in RPVMC Section 17.76.050. Appropriate standard conditions, including but not limited to the hour and times of construction, lighting and height regulations are included in Exhibit 'A'. Section 7m That a variance for a reduction in the number of required parking spaces is warranted because there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply P.C. Resolution No. 2008-44 Page 2 of 8 generally to other property in the same zoning district. Specifically, the non-conforming enclosed garages are inadequate and do not contribute towards meeting the site's parking demand. Furthermore, unlike non-age-restricted apartments, while residents in the independent living facility are able to drive and keep cars, all of the residents are seniors that are 60 years of age or older and are less likely to own a vehicle since they are able to take advantage of on-site transportation provided by the Canterbury on a daily basis. Additionally, many of the elderly assisted living and congregate care residents do not own a vehicle due to a lack of need. Therefore, the use of this property as a continuing care facility with residents that are over 60 years in age creates a unique circumstance that would not apply to other non-age-restricted apartments and condominiums. Section 8: That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district because given the unique situation, replacing non-utilized enclosed garages to usable surface parking spaces is necessary to accommodate more usable parking spaces for the residents, their visitors and Canterbury staff. The Canterbury offers individual garages to residents who have cars. However, the existing 7.5' wide garage opening and the lack of turn-around area makes it difficult to access. As such, all of the enclosed garages proposed for removal are being used as storage space. Although the proposed project would reduce the number of overall parking spaces, the amount of usable parking spaces will actually increase as a result of more usable parking, thereby meeting the parking demand, which is similar to other properties. Section : That granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located, because granting the variance will allow the applicants to demolish enclosed garage spaces currently utilized as storage and construct additional fully-usable parking spaces. The overall increase in usable parking spaces will eliminate the need for the Canterbury staff or visitors from parking their vehicles off-site. Additionally, a submitted parking analysis concludes that only 118 parking spaces are actually required to accommodate The Canterbury's peak parking demand, wherein 135 total parking spaces will be provided. As such, the proposal will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located because it will improve the existing conditions. Section 10: That granting the variance will not be contrary to the objectives of the general plan or the policies and requirements of the coastal specific plan. The urban Environment Element of the General Plan states, `it is the goal of the City of Rancho Palos Verdes to preserve and enhance the community's quality living environment, to enhance the visual character and physical quality of existing neighborhoods'. The proposed removal of enclosed non-conforming parking spaces to increase usable parking spaces is an upgrade to an existing facility. Additionally, the proposed project is an improvement that will boost the quality of living for the Canterbury residents. Section 11: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, November 26, 2008. A $1,344.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on November 26, 2008. P.C. Resolution No. 2008-44 Page 3 of 8 Section 12: 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 conditionally approves a revision to a Conditional Use Permit and Variance to reduce the overall number of parking spaces and allow aesthetic improvements to the Canterbury facility located at 5801 Crestridge Road (Case No. ZON2008-00146). PASSED, APPROVED AND ADOPTED this 11th day of November 2008, by the following vote: AYES: Commissioner Ruttenberg, Tetreault, Tomblin, ®ice Chairman Lewis, Chairman:--Perestam NOES: Chairman Gerstner, Knight ABSTENTIONS: None RECUSALS: None ABSENT: Ione Steph Perestam, Chairman Joel R jas, ICP Directof lanning, Building and Co nforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2008-44 Page 4 of 8 E)C IBIT 'N CONDITIONS OF APPROVAL FOR CASE NO. ZON2008-00146 (The Canterbury—5801 Crestriid a Road) General Conditions: 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 the date of this approval shall render this approval null and void. 2. 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, dumpsters in the street or any other temporary or permanent improvements within the public rights-of-way. 3. 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. 4. The Director of Planning, Building and Code Enforcement 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 by the final body that approved the original project, which may require new and separate environmental review. 5. 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 residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 6. 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 procedures contained in Section 17.86.060 of the City's Municipal Code. 7. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, 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. 8. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. P.C. Resolution No. 2008-44 Page 5 of 8 9. 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. 10. 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. 11. 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. 12. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through 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 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 Saturday, in accordance with the permitted hours of construction stated in this condition. 13. Unless modified by the approval of future planning applications, the approved project shall maintain the following setbacks from the applicable property lines: Front 25 feet Side 20 feet Rear 20 feet 14. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. 15. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 16. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. Project Specific Conditions: 16. This approval allows: i. Reduction of the number in overall parking spaces from 146 to 135 by increasing the number of open spaces (from 91 to 120) and reducing the number of enclosed garages (from 55 to 15); P.C. Resolution No. 2008-44 Page 6 of 8 ii. Enlarge driveway areas; iii. Construct a 580ft2 porte-cochere to the new entryway; iv. Construct a 106ft2 patio cover to the existing entryway; v. Construct a 5' tall fountain in the center of a new turnaround area in front of the new entryway; vi. Construct a 925ft2 patio cover, 3' high barbeque, 10.5' high fireplace/chimney to the rear of Building E; vii. Perform fagade treatments for improved aesthetics; viii.Construct two 6' tall monuments near the driveway entrance, of which one will serve as an identification sign for The Canterbury. 17. All porte-cochere, trellis, patio cover and arbors attached to the existing buildings shall have a height not greater than 16'. All detached accessory structures, such as the proposed fireplace, trellis, patio cover and arbor shall not exceed an overall height of 12'. The fountain near the entryway and barbeque in the outdoor patio area shall not exceed an overall height of 6'. 18. The Canterbury shall maintain a total of 130 parking spaces, of which 10 are enclosed garage spaces and 120 are surface parking spaces. 19.A border of landscaping not less than 10' in width, measured from the street right-of-way line, along the street frontage shall be planted and maintained to screen the new parking area. 20. Parking areas shall provide for a 25' outside turning radius within the facility and 30' outside turning radius into public alleys. 21. All parking areas shall be surfaced with asphaltic or cement concrete paving which is at least 3" thick. 22. All parking stalls shall be clearly marked with lines, and access lanes shall be clearly defined with directional arrows to guide traffic. 23. Standard parking stalls shall be a minimum of 9' (width) by 20' (depth) in area. Parallel parking stalls shall be a minimum of 26' in depth. This condition shall apply to all new surface parking areas subject to this project. 24. Disabled parking spaces shall be in accordance with the dimensions and specifications of the state amended Uniform Building Code. 25. A landscaped planter bed of at least 5' in width shall be installed along the proposed parking lot perimeter; except, for those areas devoted to perpendicular access ways. 26. A minimum of 5% of the paved parking area shall be devoted to interior parking areas. The extensive use of trees is encouraged to the extent that the trees do not significantly impair views from surrounding properties. All planting areas shall be at least 3' wide. Perimeter planting shall not be considered part of this required interior planting. 27.A full-coverage, permanent irrigation system shall be installed. Hose bibs shall be located at not less than 200' intervals to allow for reinforcement of the system by hose watering. P.C. Resolution No. 2008-44 Page 7of8 28. All plantings shall be maintained free of debris and in conformity with the accepted practices for landscape maintenance. 29.A 6" high cement concrete curb shall be constructed at the edge of all landscaped areas. 30. All drainage from parking areas for 6 or more cars shall be taken to the public street, alley, storm drain or natural drainage course to the satisfaction of the director of Public Works and shall not pass over any public sidewalk. 31. Major identification sign shall be permitted at the driveway entrance fronting Crestridge Road. The permanent freestanding sign shall not exceed 6' in height and 32ft2 in area. The free standing sign may be double-faced. 32. Lighting provided to illuminate a parking area shall be hooded and arranged and controlled so as not to cause a nuisance to adjacent properties. 33. No one fixture shall exceed 1200 watts and the light source shall not be directed toward or result in direct illumination of a parcel of property other than that upon which such light source is physically located. 34. The project shall be reviewed by the Planning Commission three (3) months from the installation of the new lighting standards so as to review the applicant's compliance with the conditions of approval. At that time, the Planning Commission may add, delete, or modify the conditions of approval as deemed necessary and appropriate. 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. P.C. Resolution No. 2008-44 Page 8 of 8