PC RES 2012-007 P.C. RESOLUTION NO. 2012-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES CONDITIONALLY APPROVING
CONDITIONAL USE PERMIT AND VARIANCE (REVISION 'A')
AND SITE PLAN REVIEW TO ALLOW A NEW ROOF STRUCTURE
ABOVE THE CERAMIC STORAGE AREA TO ENCROACH INTO
THE SIDE AND REAR YARD SETBACK, AND ALLOW SIX (6)
NEW ROOFTOP MECHANICAL EQUIPMENT UNITS AND TWO(2)
REPLACEMENT ROOFTOP MECHANICAL EQUIPMENT UNITS
TO THE PALOS VERDES ART CENTER (CASE NO. ZON2012-
00038)AT THE PROPERTY LOCATED AT N4 CRESTRIDGE.
WHEREAS, on February 8, 2012, the Planning Commission adopted P.C. Resolution No.
2011-06,thereby conditionally approving a Conditional Use Permit,Variance and Grading Permit to
allow a new entrance canopy, a 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);
and,
WHEREAS, on January 20, 2012, the applicant submitted a request for Revision'A'to the
approved Conditional Use Permit and Variance, and a Site Plan Review application to request
approval of an expansion to the ceramic storage area adjacent to Building A to encroach into the
required side and rear yard setbacks, six (6) new rooftop mechanical equipment units. Staff
completed the initial review of the application,and subsequently deemed the application incomplete
on January 23, 2012 due to missing information on the project plans; and,
WHEREAS, on February 6,2012,the application was deemed complete for processing after
the applicant submitted the necessary information to process the application; and,
WHEREAS, on February 6, 2012, 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 February 9,
2012; and,
WHEREAS, on February 28,2012,the Planning Commission continued the public hearing to
March 27, 2012, at the request of the propety owner so that the property ownercould reevaluate
the locations of the proposed mechanical equipment units; and,
WHEREAS, on March 27, 2012,the Planning Commission continued the public hearing to
April 10, 2012,to allow the property owner additional time to design and prepare plans for the new
mechanical equipment units; 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 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 I (Existing Facilities)since the project involves a roof structure addition to an existing building
and new mechanical equipment; and,
P.C. Resolution No. 2012-07
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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 April 10,2012,
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: A Conditional Use Permit is warranted as the project site is adequate in size
and shape to accommodate the proposed roof structure and mechanical equipment.Although the
proposed roof structure exceeds the 16'-0""by-right"height limit(17'-0"proposed height),the roof
structure will not exceed the maximum height of the existing structure and will not be visible from the
public right-of-way.Although the roof structure will not meet the required setbacks,the findings for a
reduction in setbacks can be supported due to the irregular lot configuration, existing on-site
development and the fact that the proposed modification will not be visible from the public right-of-
way.Additionally,the proposed mechanical equipment units on the rooftop will not affect setbacks
that exceed the minimum requirements of the Development Code. Further, a total of 66 parking
spaces will be available on-site, while a determination was made in January 2005 that only 64
spaces are required for the various uses on the property.Additional parking is not required for the
proposed ceramic storage area since this area does not result in additional classroom, gift shop,
office or gallery space, nor will the proposal affect the existing parking on the site
Section 2: A Conditional Use Permit is warranted as the site for the proposed use relates
to streets and highways sufficient to carry the type and quantity of traffic that is generated by the
exiting use and other uses found along Crestridge Road.Crestridge Road 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 new roof structure above the ceramic storage area or
the new rooftop mechanical equipment.
Section 3: A Conditional Use Permit is warranted as 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,due to the location and height of the new roof structure and the topography of the area,
the proposed project 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. In
addition,the proposed mechanical equipment will be screened by the construction of small parapet
walls that will match the facade treatment of the sides of the building. In addition,the mechanical
equipment will be required to be painted the same color as theroof to mitigate the appearance of
the units on the roof as seen from the residential properties above the subject lot.
Section 4: A Conditional Use Permit is warranted as 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
roof structure and mechanical equipment screening parapets 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.
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Section 5: A Conditional Use Permit is warranted as Conditions of Approval 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 project, and the proposed project
does not create a significant impact.
Section 6: The Applicant is proposing to construct a new ceramic storage area adjacent
to Building C. As noted above, the new storage area would encroach into the required 20'-0"side
and rear setbacks.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. Due to the irregular
shape of the property,which narrows toward the north side of the property,development of the site
is constrained to the southern portion and thereby necessitates encroachment into the rear setback.
Furthermore,the storage area cannot be relocated on another portion of the property due to the fact
that the remaining area of the property is dedicated to parking.
Section 7: A 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. 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 corrugated plastic roof above the ceramic storage area.
The existing roof is deteriorating and needs to be upgraded. Due to the fact that the storage area is
not conditioned and will not be constructed as habitable area,the roof eaves will extend beyond the
confines of the storage area to protect the area from weather elements. As the applicant would like
to expand their facility, which is a right possessed by other institutionally zoned propertieswith lot
constraints including hillsides and/or limited lot dimensions,deviation from the code requirements is
being sought.
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 the property
owner would be required to adhere to the provisions of the California Uniform Building Code, as
amended by the City of Rancho Palos Verdes. Additionally, the improvements are located at the
bottom of a large hillside and at the rear of the existing building.The improvement will not be visible
from the public right-of-way and will cover an existing storage area so that residents from above do
not see an abundance of exposed storage material.
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...jfacilitiesJ...should be encouraged to allow some use of the their facilities by community
groups."
P.C. Resolution No. 2012-07
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Section 10: The Site Plan Review application for the mechanical equipment on the rooftop
of the Palos Verdes Art Center is warranted as the equipment will be required to meet the
requirements of the building code and they will not cause significant view impairment from adjacent
property. More specifically, the subject property is located over 100 feet below the neighboring
properties to the south and is tucked against the hillside.
Section 11: 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 filedwith 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 followingApril 10, 2012, the date of the
Planning Commission's final action.
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 approves Conditional Use Permit and Variance Revision `A' and
Site Plan Review(Planning Case No. ZON2012-00038)for the proposed roof structure above the
ceramic storage area and the new mechanical equipment units on the roof of Building A, Building B
and Building C of the Palos Verdes Art Center, located at 5504 Crestridge.
PASSED, APPROVED, AND ADOPTED this 10th day of April 2012, by the following vote:
AYES: Commissioners Gerstner, Leon, Lewis, Nelson, Vice Chairman Emenhiser
and Chairman Tetreault
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: None
(Pretf&,;k-k----t-
Paul Tetreault
Chairman
Joel Roja
t
cP
Commun "evelop INFirector
P.C. Resolution No. 2012-07
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EXHIBIT "A"
Conditions of Approval
Case No. ZON2012-00038 (Revision 'A' to CUP,VAR, GR and SPR)
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. Approval of this permit shall not be construed as a waiver of applicable and appropriate
zoning regulation, 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.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
4. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City and reviewed by
the Planning Commission on February 8, 2011, and subsequently on April 10, 2012, as
submitted by the appicant.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
5. 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.
6. The Approval of Case No. ZON2012-00038 (Revision 'A' to Conditional Use Permit and
Variance, and Site Plan Review) allows a new roof structure above the ceramic storage
area,located adjacent to Building C, and six(6)new mechanical equipment units on the roof
of Building A, Building B and Building C of the Palos Verdes Art Center.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012).
7. The Community Development Director is authorized to approve minor modifications to the
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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.
8. All project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, in the Institutional district
development standards of the City's Municipal Code.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012).
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.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
10. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
11. 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.
12. 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
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.
13. The approval allows for an anodized aluminum(metal panels)façade 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
14. 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.
15. 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.
16. 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.
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17. 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.
18. 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(66 spaces proposed).
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
19. The trash enclosure shall be enclosed and visually screened such that the trash receptacle
is not visible from the public's view.
20. The roof of the"Ceramic Storage Area"shall not exceed a height of 17'-0", as indicated on
the plans stamped APPROVED by the City and reviewed bythe Planning Commission on
April 10, 2012.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012).
SIGNAGE
21. One (1) major identification sign shall be permitted on each building frontage in which a
public entry is located;except,that an additional sign may be permitted upon any street side
of the building.Such signs shall not exceed an area of one square foot for each lineal foot of
building frontage, up to a maximum of seventy-five square feet. The signage shall be
installed as depicted by the plans stamped APPROVED by the City and reviewed by the
Planning Commission on February 8, 2011.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
ROOFTOP MECHANICAL EQUIPMENT
22. A total of ten (10) mechanical equipment units are permitted on the rooftops of Building A,
Building B and Building C as shown on the plans stamped APPROVED by the City and as
described below:
a. Seven (7) mechanical equipment units on the rooftop of Building A
b. Three (3) mechanical equipment unit on the rooftop of Building B
c. No mechanical equipment units are located on the rooftop of Building C
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
23. All rooftop mechanical equipment units shall be painted to match the color of the roof
structure to mitigate any visual impacts of the units as seen from the properties above.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
24. All mechanical equipment units shall be completely screened,as seen from the public right-
of-way, by a parapet wall that is designed to match the materials found on the building
façade facing Crestridge Road and Crenshaw Boulevard.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
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EXTERIOR BUILDING LIGHTING
25. All exterior building lighting shall be in compliance with the standards of Section 17.56.040
of the Rancho Palos Verdes Development Code.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
26. Prior to installation of exterior lighting,the Palos Verdes Art Center shall submit a final site
lighting plan, prepared by a lighting contractor(or consultant),for the review and approval of
the Community Development Director. The lighting plan shall include the location, height,
number of lights,wattage,estimates of maximum illumination on site with no spill/glare at the
property line. The plans shall also demonstrate that all lighting fixture on the building or
around the property shall be designed and installed so as to contain light on the subject
property and not spill over or be directed toward adjacent properties or public rights-of-way.
A cut sheet of each proposed lighting fixture shall be submitted and approved by the City
prior to installation of any exterior lighting fixture.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
27. All exterior building lighting fixtures shall be fully shielded so that the fixtures emit no light in
the area above the lowest point of the light fixturigs).
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
28. No one light fixture shall exceed 1,200 watts, and the light source shall not be directed
toward or result in direct illumination of an adjacent parcel of property or properties other
than upon which such light source is physically located.All exterior lighting shall be arranged
and shielded so as to prevent direct illumination of abutting properties and to prevent
distraction of drivers of vehicles on public rights-of-way.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
29. No outdoor lighting shall be permitted where the light source or fixture, if located on a
building, is above the line of the eaves. If the light source or fixture is located on a building
with no eaves, or if located on a standard or pole, the light source or fixture shall not be
more than ten (10) feet above existing grade, adjacent to the building.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
30. With the exception of City-approved security lighting, all exterior lighting shall be
extinguished by 10:00 PM.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
31. With the exception of approved security lighting,all parking lot lighting shall be extinguished
by 10:00 PM.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
VARIANCE
30. The covered patio at the rear of the residence is permitted to encroach 16'-6" into the
required 20'-0" south, rear yard setback.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
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31. The posts of the roof structure above the"Ceramic Storage Area," located along the west
side of Building C, shall maintain a 4'-O"setback from the south, rear yard property line and
14'-0"setback from the west,side yard property line, as depicted on the APPROVED plans.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012)
32. The edge of the roof eaves of the new roof structure above the "Ceramic Storage Area,"
located along the west side of Building C, shall maintain a setback of 10'-O"from the west,
side property line and 4'-0"from the south, rear property line.
(REVISED PER RESOLUTION NO. 2012-07, on April 10, 2012).
GRADING
33. 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. Theaddition 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.
34. The grading allows for a 10-foot depth of cut to accommodate the new storages space.
35. The following retaining walls are permitted:
• A new 6'-O" 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'-O"tall retaining wall located south of the covered patio
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