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