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
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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
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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
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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.
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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.
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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
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