PC RES 2017-018 P.C. RESOLUTION NO. 2017-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING A VARIANCE, SITE
PLAN REVIEW, AND COASTAL PERMIT TO REPLACE AND
INSTALL AMENITIES ON AN EXISTING LEGAL NONCONFORMING
ROOF DECK LOCATED ABOVE A DETACHED MULTILEVEL
PARKING STRUCTURE THAT EXCEEDS 12' IN HEIGHT FOR AN
ACCESSORY STRUCTURE AT THE AVANA APARTMENT
COMPLEX (CASE NO. ZON2017-00111).
WHEREAS, In 1970, the existing apartment complex, Avana Apartments (formerly
known as The Villas and the Porto Verde Apartments) was entitled and constructed under the
County of Los Angeles'jurisdiction; and,
WHEREAS, on September 28, 1999, the Planning Commission adopted P.C.
Resolution 99-35, approving Variance No. 460, Grading Permit Nos. 2073 and 2074, Site Plan
Review No. 8697, and Coastal Permit No. 157, allowing the enlargement and enclosure of the
existing detached carports with 4' setbacks; 200 cubic yards of grading and stockpiling for the
construction of retaining walls along the perimeter of the apartment site; and general
improvements on the roof deck of the existing parking structure; and,
WHEREAS, on the March 22, 2017, the applicant (GS Palos Verdes, LLC) submitted
Variance, Site Plan Review, and Coastal Permit applications to upgrade the amenities on the
existing roof deck (common area) immediately above an existing, legal non-conforming,
multilevel terraced parking structure; and,
WHEREAS, on April 21, 2017, after reviewing the initial submittal of the project plans
and applications, Staff deemed the application incomplete due to missing information. After
applicant's submittal of additional information, the application was deemed complete for
processing on June 2, 2017; and,
WHEREAS, On June 15, 2017, a public notice was mailed to all property owners
within a 500 foot radius of the site and the California Coastal Commission in accordance with
Development Code §17.80.090 and §17.72.070. The notice was also published in the
Peninsula News. To date, the City has not received any public comments in response to the
public notice; 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 proposed project has been found to be categorically exempt under Class 3
(Section 15301); and,
WHEREAS, the Planning Commission held a duly-noticed public hearing on July 11,
2017, at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
P.C. Resolution No. 2017-18
Page 1 of 8
Section 1: A Variance is approved for replacing and installing upgraded amenities
on an existing legal nonconforming roof deck located above a detached multilevel parking
structure that exceeds the maximum allowable 12' for accessory structures because:
A. 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 generally
to other property in the same zoning district. The common area for the Avana
Apartment complex is located on a roof deck of a detached terraced multilevel garage
structure. The detached garage structure in itself is considered legal nonconforming as
it exceeds the maximum height of 12' for a detached accessory structure. Due to the
unique layout of the apartment complex and its amenities area, the only avenue for the
applicant to upgrade the amenities area is to apply for a Variance, which makes it
burdensome to improve the common area for its residents.
B. Such 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. The Avana Apartment complex is
built-out with the primary common area located on the roof deck of a detached
multilevel garage structure. The existing improvements on the roof deck is limited to
seating areas, an underutilized tennis court, and landscape planters. The proposed
amenity upgrades at a total overall height that exceeds 12' to the existing roof deck will
provide improved and new amenities to serve the residents, and include; a play area
for children, dog park, family game area, barbecue area, and various covered and
uncovered seating areas. The proposed improvements will better serve and provide
recreational opportunities to the residents of all ages living at the complex. The
common area, as well as the entire complex, is not open to the public and will continue
to only serve the tenants (and its visitors) of the Avana Apartment complex. Similar to
Avana Apartments, the condominium complex to the east on Coastsite Drive is also a
legal nonconforming multi-family complex with a Single-Family Residential zoning
designation. However, unlike the common area of the Avana Apartments, as the
amenities for the condominium complex are located on-grade, similar improvements
may be approved with a simple over-the-counter application.
C. 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. The
replacement and installation of new amenities on the roof deck of an existing multilevel
detached garage will not be materially detrimental as the roof deck was established 47
years ago. The applicant is proposing improvements to the common area within the
roof deck to provide amenities that serve tenants of all ages with additional seating
and activity areas. The proposed improvements will be entirely on the existing roof
deck area, which is only accessible through the Avana Apartment complex. In addition,
the roof deck is contained by taller on-site structures and therefore, the proposed
improvements at a height that exceeds 12' for accessory structures will not impair the
views of adjacent properties. More specifically, the properties to the north and west is
part of the Avana Apartments complex and the townhomes to the east have views
oriented to the south and not in the direction of the proposed improvements.
Additionally, while heavy vegetation exists between the roof deck and the properties to
the east, planters and vegetation are proposed along the east perimeter of the roof
deck to provide additional screening. Avana Apartments have their own `Amenity Deck
Rules and Regulations' which restricts and maintains a safe environment for all
apartment residents and their visitors. Furthermore, the applicant is required to submit
P.C. Resolution No. 2017-18
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structural plans for review and approval by the Building & Safety Division prior to
permit issuance and series of inspections is required throughout the construction
process
D. 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 General Plan's Urban
Environmental Policy No. 3 (General Plan, page 78) calls upon the City to "Encourage
and assist in the maintenance and improvement of all existing residential
neighborhoods so as to maintain optimum local standards of housing quality and
design." The applicant proposes to replace and install new amenities on the existing
roof deck, at a height that exceeds 12', by redesigning the underutilized common area
to better serve the residents of the Avana Apartment complex. The scope of work will
not be contrary to the objectives of the General Plan or the policies and requirements
of the Coastal Specific Plan (see Section C below) as the project will help enhance the
quality of living at the Avana Apartment complex.
Section 2: A Site Plan Review is approved for the proposed amenities on an
existing legal nonconforming roof deck located above a detached multilevel parking structure.
The proposed amenities comply with all applicable Code requirements, including, but not
limited to minimum required setbacks and maximum allowed lot coverage, with exception of
height. A Variance is approved (see Section 1 above) to allow the amenities to exceed the
maximum 12' height limitation for accessory structures.
Section 3: A Coastal Permit is approved for the proposed amenities on an existing
legal nonconforming roof deck located above a detached multilevel parking structure within
the City's non-appeable area of the Coastal Zone because:
A. The proposed development is consistent with the coastal specific plan. The Coastal
Specific plan identifies the existing apartment complex (formerly known as Porto
Verde) as an existing residential activity in the Local Coastal Specific Plan Subregion
3. The proposed project is limited to upgrading existing amenities on the roof deck of
the multi-level detached garage structure and does not introduce a new use or
expanded areas. The proposed project is intended to enhance the quality of living for
the residents of the Avana Apartment complex by providing enhanced outdoor
recreational amenities.
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. The
proposed amenities are limited to the existing roof deck area within an existing
apartment complex and will not affect any public paths, trails, easements, or public
rig ht-of-ways.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. The appeal shall set forth in writing, the grounds
for appeal and any specific action being requested by the appellant. Any appeal letter must
be filed within 15 calendar days of the date of this decision, or by 5:30 PM on Wednesday,
July 26, 2017. A $2,275.00 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 Wednesday, July
26, 2017.
P.C. Resolution No. 2017-18
Page 3 of 8
Section 5: 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 adopts P.C. Resolution No. 2017-18,
approving a Variance, Site Plan Review, and Coastal Permit to replace and install amenities
on an existing legal nonconforming roof deck located above a detached multilevel parking
structure that exceeds 12' in height for an accessory structure, subject to the conditions of
approval contained in the attached Exhibit 'A', at the Avana Apartment complex (Case No.
ZON2017-00111).
PASSED, APPROVED AND ADOPTED this 11th day of July 2017, by the following vote:
AYES: Commissioners Bradley, Leon, Vice Chairman James and Chairman Cruikshank
NOES: None
ABSTENTIONS: None
RECUSALS: Commissioners Emenhiser and Nelson
ABSENT: Commissioner Tomblin
"Li/
JohCruikshank
Chaiivan
Aral '
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2017-±.8
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2017-00111
(6568 & 6600 BEACHVIEW DRIVE & 32636 NANTASKET DRIVE)
GENERAL CONDITIONS
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or
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 approval. Failure
to provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. 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 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.
3. Prior to conducting any work in the public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements, the applicant
shall obtain an encroachment permit from the Director of Public Works.
4. 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.
5. The approval shall become null and void after one year from the date of approval,
unless approved plans are submitted to the Building and Safety Division to initiate the
"plan check" review process.
6. Pursuant to Section 17.78.040, 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. Substantial changes to the
project shall be considered a revision and require approval of a revision by the final
body that approved the original project, which may require new and separate
environmental review and public notification.
7. The project development on the site shall conform to the Commission-approved plans
and to the specific standards contained in these conditions of approval or, if not
addressed herein, shall conform to the RS-4 residential development standards of the
City's Municipal Code.
P.C. Resolution No. 2017-18
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8. 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 Community Development
Department and approved by the Planning Commission.
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. This approval is only for the items described within these conditions and identified on
the stamped APPROVED plans and is not an approval of any existing illegal or legal non-
conforming structures on the property, unless the approval of such illegal or legal non-
conforming structure is specifically identified within these conditions or on the stamped
APPROVED plans.
12. 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.
13. This approval is only for the items described within these conditions and identified on
the stamped APPROVED plans and is not an approval of any existing illegal or legal non-
conforming structures on the property, unless the approval of such illegal or legal non-
conforming structure is specifically identified within these conditions or on the stamped
APPROVED plans.
14. All construction sites shall be maintained in a secure, safe, neat and orderly manner,
to the satisfaction of the City's Building Official. All construction waste and debris
resulting from a construction, alteration or repair project shall be removed on a weekly
basis by the contractor or property owner. Existing or temporary portable bathrooms
shall be provided during construction. Portable bathrooms shall be placed in a location
that will minimize disturbance to the surrounding property owners, to the satisfaction of
the City's Building Official.
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM 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. During demolition, construction and/or grading
operations, trucks shall not park, queue and/or idle at the project site or in the
adjoining street rights-of-way before 7AM Monday through Friday and before 9AM on
Saturday, in accordance with the permitted hours of construction stated in this
P.C. Resolution No. 2017-18
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condition. When feasible to do so, the construction contractor shall provide staging
areas on-site to minimize off-site transportation of heavy construction equipment.
These areas shall be located to maximize the distance between staging activities and
neighboring properties, subject to approval by the building official. All grading,
landscaping and construction activities shall exercise effective dust control techniques,
either through screening and/ or watering.
16. If construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over 30
calendar days, the applicant shall provide temporary construction fencing, as defined
in Section 17.56.050(C) of the Development Code. Unless required to protect against
a safety hazard, temporary construction fencing shall not be erected sooner than 15
days prior to commencement of construction.
17. For all grading, landscaping and construction activities, the applicant shall employ
effective dust control techniques, either through screening and/or watering.
PROJECT SPECIFIC CONDITIONS
18. This approval is for the following:
Tier 1
i. Children's Play Equipment (Height: 12' maximum)
ii. Umbrellas (Height: 8' maximum)
iii. Sitting area (Height: 8' maximum)
iv. Planters (Height: 4' maximum)
v. Stairs and wheelchair ramp leading down to Tier 2
Tier 2
i. Trellis (Height: 10' maximum)
ii. Dog park area with 36" fence enclosure
iii. Bocce ball area
iv. Putting golf area
v. Chess game area
vi. Sitting area (Height: 8' maximum)
vii. Swing chairs (Height: 8' maximum)
viii. Planters (Height: 4' maximum)
Tier 3
i. Yoga area
ii. Sitting area (Height: 8' maximum)
iii. Planters (Height: 4' maximum)
Tier 4
i. Trellis (Height: 10' maximum)
ii. 20 Lb Propane barbecue grills (Height: 36" maximum)
iii. Sitting area with barbecue table (Height: 36" maximum)
iv. Planters (Height: 4' maximum)
P.C. Resolution No. 2017-18
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Tier 5
i. Sitting area with fire pit (Height: 8' maximum)
ii. Game area
iii. Cabanas (Height: 8' maximum)
iv. Planters (Height: 4' maximum)
Tier 6
i. Hammocks (Height: 8' maximum)
ii. Sitting area
iii. Fire pits
iv. Swing chairs (Height: 8' maximum)
v. Planters (Height: 4' maximum)
19. Any outdoor furnishings, accessories, plants, and any other furnishings not listed in
Condition of Approval No. 18, located on the "roof deck", shall not exceed a height of
8', as measured from the finished floor of the deck to the highest point of the
structure.
20. A 48" perimeter guardrail shall be installed and maintained around the perimeter of the
entire roof deck.
21. No outdoor lighting shall be installed on the amenity roof deck.
22. A landscaping plan shall be required for review and approval to the satisfaction of the
Director of Community Development. The approved landscaping shall be installed prior
to Building Permit Final.
23. Any future changes to the roof deck amenities shall require a Site Plan Review
application approved by the Director of Community Development. Based on the scope
of work, the Director of Community Development may at his discretion, require
Planning Commission review.
P.C. Resolution No. 2017-18
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