PC RES 2011-006 P.C. RESOLUTION NO. 2011-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A
CONDITIONAL USE PERMIT,VARIANCE AND GRADING PERMIT
TO ALLOW A NEW ENTRANCE CANOPY, 1,652 SQUARE FOOT
STORAGE ADDITION, INTERIOR REMODEL, EXTERIOR
REMODEL, 136 CUBIC YARDS OF GRADING AND FIVE(5)NEW
RETAINING WALLS (CASE NO. ZON2010-00296) AT THE
PROPERTY LOCATED AT 5504 CRESTRIDGE.
WHEREAS, on August 19, 2010, the applicant, Palos Verdes Art Center submitted a
Conditional Use Permit, Variance and Grading Permit application to the Community Development
Department for review and processing requesting approval to construct a 1,652 square foot storage
area, and other interior and exterior improvements, including 136 cubic yards of grading and five(5)
new retaining walls. On August 19, 2010, Staff completed the initial review of the application, at
which time the application was deemed incomplete due to missing information on the project plans;
and,
WHEREAS, after the submittal of multiple revisions to the project, Staff deemed the
application complete on December,23, 2010; and,
WHEREAS, on January 17, 2011, Staff mailed notices to 55 property owners within a 500-
foot radius from the subject property, providing a 15-day time period for the submittal of comments
and concerns. In addition, a Public Notice was published in the Peninsula News on January 20,
2011; 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), Staff found no evidence
that the approval of the requested project would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt under Class 1 (Existing
Facilities) since the project involves an addition to an existing building; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes
Development Code, the Planning Commission held a duly-noticed public hearing on February 8,
2011, at which time all interested parties were given an opportunity to be heard and present
evidence; and,
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: The project site is adequate in size and shape to accommodate the proposed
additions without interfering with the parking configuration or traffic circulation patterns on the site
and,with the exception of the covered patio,the additions will maintain setbacks that greatly exceed
the minimum requirements and the applicant is not requesting to alter the existing landscaped
areas. Furthermore, a total of 68 parking spaces are provided (64 spaces required) and no
additional parking is required as a result of the additions.
Section 2: The site for the proposed use relates to streets and highways are property
designed to carry the type and quantity of traffic that is generated by the exiting use and other uses
found along Crestridge. Crestridge currently carries the type and quantity of traffic associated with a
street developed with institutional uses. Further, no additional traffic is expected to result from the
additional storage areas and remodel.
Section 3: There will be no significant adverse effect on adjacent properties or the
permitted use since the project does not include new uses to the art center or changes to the
existing operations and continues to be a compatible land use. Specifically,the new indoor storage
areas will replace a temporary storage container and outdoor storage space that has been used for
certain art projects, the location of the additions will be located within the interior of the site, and the
additions will exceed the minimum required setback standards. Lastly,due to the location and height
of the additions, and the topography of the area, the additions will not project into view corridors of
the Los Angeles basin for the residences to the south since these residences are over 100 feet
higher in elevation than the art center.
Section 4: The proposed project is consistent with the General Plan's Institutional land
use designation of the site and with Urban Environment Element,Activity Area C, Page 56), "the City
shall encourage the development of institutional facilities to serve the political, social, and cultural
needs of the citizens."The design of the proposed additions to the PVAC will continue the existing
architectural design and will be internally compatible with the site, and will not affect the compatibility
of the use with the adjacent uses.
Section 5: Conditions which the Planning Commission finds to be necessary to protect
the health, safety and general welfare, have been imposed.Although Staff believes that the project
is a minor improvement, conditions have been incorporated that limit the height and size of the
proposed additions, and limit the use of such new floor area so that the proposed project does not
create a significant impact.
Section 6: A Variance is warranted as there are exceptional or extraordinary
circumstances or conditions applicable to the property involved which do not apply generally to other
properties within the same zoning district. More specifically, the property is limited in area for
expansion of the existing facilities.The existing buildings and covered patio were originally approved
at the south end of the property due the narrow configuration of the property. The property is
currently developed at the south end of the property and the applicant is not proposing to relocate
the existing buildings. As such, all expansions are proposed near the existing developed area.
Section 7: A Variance is necessary to the preservation and enjoyment of a substantial
property right of the applicant. More specifically, the only reasonable area to expand the facility is
within the existing developed area which is located near the southern portion of the property. The
applicant currently utilizes a covered patio at the rear of Building A.The awning is deteriorating and
needs to be upgraded.The overall improvements to the property include new retaining walls,one of
which would be used to support the replacement awning. The awning will not exceed the height of
the existing awning and the square footage would only increase by a nominal amount.
Section 8: Granting a 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 as property
owner would be required to submit and receive approval of a geology report reviewed by the City
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Geologist. Said report will be required to indicate that there are no geological hazards caused by the
proposed additions. Additionally, all construction is required to adhere to the provisions of the
California Uniform Building Code, as amended by the City of Rancho Palos Verdes.
Section 9: Granting a Variance will not be contrary to the objectives of the General Plan
as the land use designation for the subject property is Institutional. The development and
improvement of educational and cultural uses and related accessory structures are among the
primary permitted uses within this land use designation. This is also reflected in Socio/Cultural
Element Goal A of the General Plan (p. 50),which calls upon the City to "work toward a coordinated
program to aid in matching the facility needs of the many and diverse groups in the community with
existing and future facility resources throughout the City.." Also, Policy No. 3 of the Current Social,
Service, and Cultural Organizations section of the General Plan states that the City should
"encourage the building of meeting facilities by private or nonprofit groups.
Existing...[facilities]...should be encouraged to allow some use of the their facilities by community
groups."
Section 10: The total grading is necessary for the permitted primary use of the lot, and
construction of the proposed improvements will be consistent with the intent of the Institutional
Zoning district because the grading will accommodate additional indoor storage that is conducive to
the types of projects conducted at the facility. Further, by allowing the grading, additional storage
space will be available to the Center to house art, collectibles and student projects in areas that will
not be apparent, thus avoiding a multi-story building built above grade. Lastly, the grading will
improve handicap accessibility for the site to ensure compliance with ADA requirements
Section 11: The grading will not adversely impact any views from surrounding properties
since the requested earth movement will not be used to raise the grade of the site. Further, the
neighboring properties to the south are at a significantly higher elevation, such that the existing or
proposed structures do not encroach into any view corridor, whereas the residences to the east do
not have views in the direction of the PV Art Center site.
Section 12: The subject property was graded when the Art Center was originally
constructed in 1974, which voided the site of any natural slopes and contours and no existing
contours will be affected.
Section 13: The grading would not cause excessive and unnecessary disturbance of the
natural landscape or wildlife habitat through removal of vegetation as wild flowers, low coastal sage
scrub, chaparral and grasslands are not found on the subject property.
Section 14: The grading conforms to the standards of grading on slopes over 35%for lots
that were created prior to November 25, 1975 (such as the subject property). The grading to allow
five (5) upslope retaining walls and an excavation over 5 feet is permitted on the subject property
due to the fact that the grading would be consistent with the purpose of the Municipal Code. By
allowing the deviations to the grading criterion to allow the five(5) retaining walls and the excavation
up to 10 feet in depth,the applicant is able to construct retaining walls that would accommodate the
additional storage areas and the expanded covered patio. Further,the proposed retaining walls will
be upslope and the excavation for the partially subterranean storage area will not be visible from
neighboring properties or the public right-of-way.Additionally, the deviations would not constitute a
special privilege with the limitations upon other properties as retaining walls are commonly found
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within the neighborhood. Finally,the deviations would not be detrimental to the public safety, nor to
other properties as the project will require review and approval of a geotechnical report and will be
required to comply with the Uniform Building Code. As required by the grading finding to allow the
deviations, Staff will notify the adjacent neighbors of the notice of decision
Section 15: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth
the grounds of the appeal and any specific actions requested by the appellant, and accompanied by
the appropriate appeal fee, no later than fifteen(15)days following February 8,2011,the date of the
Planning Commission's final action.
Section 16: 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 denies,without prejudice, a Conditional Use Permit,Variance and
Grading Permit application (Planning Case No. ZON2010-00296) for the proposed 1,652 square
foot storage area and other interior and exterior improvements, located at 5504 Crestridge.
PASSED, APPROVED, AND ADOPTED this 8th day of February 2011, by the following vote:
AYES: Commissioners Emenhiser, Knight, Leon, Lewis and Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: Commissioner Gerstner and Vice Chairman Tetreault
David IL. Tomblin
Chairman
Joel R j s, AICP
Com t
ity Devel ment Director
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EXHIBIT "A"
Conditions of Approval
Case No. ZON2010-00296 (CUP, VAR & GR)
GENERAL
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 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.
3. The proposed project, including site layout,the building heights,and signage throughout the
site, shall be constructed and maintained in substantial compliance with the plans reviewed
and approved by the Planning Commission on February 8, 2011, as submitted by the
applciant.
4. The Approval of Case No.ZON2010-00296(Conditional Use Permit,Variance and Grading
Permit) allows a remodel of the existing Palos Verdes Art Center, which includes relocating
the entrance to the facility from the current north side of the building (towards Crestridge
Road)to the eastern side of the building (towards Crenshaw Boulevard), and constructing a
new entrance canopy; 1,652 square feet of new storage area to the existing Stewart Gallery
building located at the southeast corner of the property,which is comprised of an expansion
on the north side of the Stewart Gallery building with a basement area underneath that will
not be visible from the street since it will be fully subterranean; a 16 square foot addition to
the gift shop; a 69 square foot expansion to the kitchen; a new trash enclosure area, a total
of 136 cubic yards of grading to accommodate the proposed improvements and five(5)new
retaining walls.
5. The Community Development Director is authorized to approve minor modifications to the
approved plans or any of the conditions if such modifications achieve substantially the same
results as would strict compliance with said plans and conditions. Otherwise, all other
modifications shall be subject to review and approval by the Planning Commission.
6. In the event that a Planning requirement and a Building &Safety requirement are in conflict
with one another, the stricter standard shall apply.
7. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays. Further,
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 above.
8. The construction site 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
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may include, but is not 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.
9. The approval allows for an anodized aluminum (metal panels)fagade treatment to the Palos
Verdes Art Center building. The aluminum (metal panels)shall be anodized to minimize the
luster, reflective and glare of the material to the satisfaction of the Community Development
Director prior to installation of the material.
CONDITIONAL USE PERMIT
10. The new entry canopy shall not exceed an overall height of 21'-8", as shown on the plans
approved by the Planning Commission on February 8, 2011.
11. The storage additions to the Stewart Gallery building shall be limited to 1,652 square feet in
area, where 826 square feet is at the first floor and 826 square feet is at the basement, as
illustrated on the plans approved by the Planning Commission on February 8, 2011.
12. The height of the storage room additions are limited to the height of the existing flat roof
height of the PV Art Center building, as illustrated on the plans approved by the Planning
Commission on February 8, 2011.
13. The storage additions to the Stewart Gallery building shall be used for storage only. Said
areas are not approved to be used for additional classroom area or gallery space.
14. A minimum of 64 parking spaces shall continue to be made available to the public, visitors
and individuals taking classes at the PV Art Center facility (68 spaces proposed).
15. Prior to final on a Building Permit,the applicant shall request an inspection by the Director to
review the exterior lighting to ensure that negative impacts would not result from the
installation of said lighting. At that time, if the Director determines that the lighting causes
negative impacts, the applicant shall reduce the lighting to the satisfaction of the Director
prior to final on a Building Permit.
16. No new mechanical equipment shall be located on the roof of the building.
17. The trash enclosure shall be enclosed and visually screened such that the trash receptacle
is not visible from the public's view.
GRADING
18. A total of 136 cubic yards of grading is allowed as part of this project to accommodate a
partially subterranean portion of the proposed storage room additions to the Stewart Gallery
building at the southeast portion of the site. The addition will include an expansion on the
north side of the building, and will include grading for the basement storage area
underneath. Further, grading is allowed along the perimeter of the building to provide for
pedestrian accessibility that is also ADA compliant.
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19. The grading allows for a 10-foot depth of cut to accommodate the new storages space.
20. The following retaining walls are permitted:
• A new 6'-0" tall retaining wall located south of Building B (Stewart Gallery) and
approximately 64 lineal feet to accommodate the new 1,652 square foot storage area,
• A new 6'-0" tall retaining wall located west of Building B (Stewart Gallery) and
approximately 8 lineal feet to accommodate the new 1,652 square foot storage area,
• A new 6'-0" tall retaining wall located east of Building B (Steward Gallery) and
approximately 8 lineal feet to accommodate the new 1,652 square foot storage area,
• A new 6'-0" tall retaining wall located on the southwest side of the exterior storage
area, adjacent to Building C(Ceramics Studio and Kilns)and approximately 26 lineal
feet
• A new 5'-0" tall retaining wall located south of the covered patio
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