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PC RES 2008-054 P.C. RESOLUTION NO. 2008-54 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHOPALOS VERDES CONDITIONALLY APPROVING A AMENDMENT TCONDITIONAL USE PERMIT (Z 2008-00570) TO DEMOLISHAN EXISTING 200ft2 STRUCTURE THAT FUNCTIONS AS ACCESS BETWEEN BUILDINGAND BUILDING B AND ALLOW THE CONSTRUCTION F AN ADDITION (77FT2 1ST FLOOR & 575FT2 2"D FLOOR) IN ITS PLACE TO CREATE AN ADA COMPLIANT ACCESS AND CONVERT A EXISTING "STUDIO" ASSISTED LIVING UNIT TO A "ONE-BEDROOM" ASSI TED LIVING UNIT AT THE CANTERBURY FACILITY (5801 C E T T E ROAD). WHEREAS, on February 06, 1979, the City Council approved Conditional Use Permit No. 41 and Variance No. 34, allowing the construction of a neve retirement care facility ('Canterbury Gardens') to be constructed on a vacant lot. The Variance No. 34 allowed for 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, a 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 November 11, 2008, the Planning Commission adopted Resolution No. 2008-44, approving a Conditional Use Permit amendment and a Variance to allow an overall reduction in the parking spaces from 146 to 130, of which 10 are enclosed garage spaces and 120 are surface parking spaces. The approval also allowed minor physical upgrades to the facility; and, WHEREAS, on October 21, 2008, Puchlik Design Associates submitted an application requesting approval to demolish an existing 200ft2 structure that functions as an access between Building A and Building B and allow the construction of an addition (797ft2 1s` floor & 575ft2 2"d floor) in its place to create ADA compliant access and convert an existing "studio" assisted living unit to a "one-bedroom" assisted living unit; and, WHEREAS, on November 24, 2008, the application for a Conditional Use Permit 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 Planning Commission found no evidence that the amendment to a Conditional Use Permit will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, after noticed issued on November 24, 2008, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on December 11, 2008, at which time all interested parties were given an opportunity to be heard and present evidence. P.C. Resolution No. 2008-54 Page 1 of 6 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 is a request to demolish a 200ft' structure between Building A and Building B and construct a larger area with ADA compliant access. The existing structure is a 20'-2" tall, one-story structure with a covered canopy. The proposed structure will be a 24'-6" tall, two story structure (797ft2 1't floor and 575ft22nd floor). A portion of the 2nd floor will create a new bedroom, converting an existing "studio" assisted living unit to a "one-bedroom" assisted living unit. Section 2: 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 (Title 17 — Zoning) or by conditions imposed under this section (RPVMC 17.60.050) to integrate said use with those on adjacent land and within the neighborhood. Specifically, the proposed project will not change the existing setbacks or maximum allowed heights approved through CUP No. 41, approved by the City Council in 1979. The proposed height increase of the subject area between Building A & B from 20'-2" to 24'-6"will still be lower than the existing ridgeline (30'-0") of the two abutting structures (Building -A & B) by approximately 6-0". Additionally, the proposed materials, exterior finish and color will match Building A & B. As such, the proposed project will blend in with the abutting structures. Since the proposed structure is in the same general location as the existing structure and will only appear slightly taller (4'-4"), the subject site is adequate in size and shaped to accommodate the proposed project. 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 not creating any new units to the Canterbury facility. Although a portion of the proposed second story is to accommodate a one-bedroom assisted living unit in place of an existing studio assisted living unit, there are no changes to the overall number of units or bedroom count, because the assisted living unit will be changed from a studio to a one- bedroom. Additionally, it should be noted that the proposed project's primary purpose is to provide an ADA compliant access. As such, the type and quantity of traffic generated by the Canterbury facility will not change as a result of the proposed project. Section 4: 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 proposed area is not visible from any of the adjacent properties since it is blocked by the existing taller structures on the Canterbury facility. Specifically, the properties to the east and west cannot see the proposed area since it is blocked by Building A and B and the properties to the south cannot see the proposed area since the overall height of the foreground structure, Building A is taller. Section 5: That the proposed use is not contrary to the General Plan because it is consistent with the underlying land use designation of Institutional. Additionally, the proposed project is an upgrade to an existing facility, enhancing the visual character and physical quality of the subject site while providing ADA compliant handicap access. Specifically, there are a number of residents at the Canterbury facility who use wheelchairs that need better access between Building A and Building B. The existing access on the ground floor is a steep slope that may potentially create an unsafe situation. As such, providing a relatively level access way P.C. Resolution No. 2008-54 Page 2 of 6 between Building A and Building B would provide a safer living environment for the residents at the Canterbury. Additionally, this area will be physically upgraded using cultured stone and a wood sunshade/trellis to enhance the visual character. Section : That the site of the proposed use is not located within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of this title. Section 7: 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.' Section 8: 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 by 5:30 PM on Wednesday, January 7, 2009. 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 January 7, 2009. Section : 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 an amendment to a Conditional Use Permit to construct a building addition between Building A & B to provide for ADA compliant handicap access and convert an existing "studio" assisted living unit to a "one-bedroom" assisted living unit at the Canterbury facility located at 5801 Crestridge Road (Case No. ZON2008-00570). PASSED, APPROVED AND ADOPTED this 11th day of December 2008, by the following vote: AYES: Commissioner Knight, Ruttenbergg Tetreault, Tomblin, Chairman Perest NOES: none ABSTENTIONS: Nome RECUSALS: None ABSENT: Commissioner Gerstner, Vice Chairman Levis 'A' Stephen Perestam, Chairman a C Director of anning. Building and Code Enforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2008- 54 Page 3 of 6 EXHI IT ° ' CONDITIONS OF APPROVAL FOR CASE NO. N2008-00570 (5801 CrestridgeRoad) 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. 2008-54 Page 4of6 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. Proiect Specific Conditions: 16. This approval allows: i. Demolition of an existing 200ft2 access building between Building A& B, ii. Construction of a new two—story structure (797ft2 1 st floor and 575ft2 2"d floor) and iii. Conversion of an existing "studio" assisted living unit to a "one-bedroom" assisted living unit. P.C. Resolution No. 2008-54 Page 5 of 6 17. The maximum overall height shall not exceed 24'-6", as measured from the point where the lowest foundation or slab meets the finished grade, to the existing ridgeline of the structure. 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. P.C. Resolution No. 2008-54 Page 6 of 6