PC RES 2015-013 P.C. RESOLUTION NO. 2015-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A SITE PLAN REVIEW TO ALLOW THE
INSTALLATION OF AN OVEN WITHIN A NEW 63-SQUARE
FOOT OVEN ROOM INSIDE THE EXISTING SMART & FINAL
EXTRA! STORE AND AN ASSOCIATED EXHAUST FAN AND
MAKE-UP AIR UNIT ON THE ROOF OF THE PROPERTY
LOCATED AT 28500 S. WESTERN AVENUE (CASE NO
ZO N 2015-00249).
WHEREAS, on May 14, 2015, the applicant submitted a Site Plan Review application to
the Community Development Department requesting approval for the installation of an oven
(which will be used to cook chickens) within a new oven room of approximately 63 square feet
within the existing storage area at the rear of the existing Smart & Final Extra! store (no new
square footage), which will necessitate the installation of a make-up air (MUA) unit and an
exhaust fan on the existing roof of the building located at 28500 S. Western Avenue; and,
WHEREAS, on June 12, 2015 the Staff deemed the project incomplete; and,
WHEREAS, on June 18, 2015 the applicant submitted additional information and revised
plans addressing Staff's concerns; and,
WHEREAS, on June 29, 2015, the application for Planning Case No. ZON2015-00249
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), Staff has determined that the proposed project is Categorically Exempt from the
provisions of the California Environmental Quality Act (CEQA), under Article 19, Section
15301(a) of the California Guidelines for Implementation of the CEQA. Specifically, the project
consists of a partial interior remodel and roof-mounted mechanical equipment. As such, this
project has been determined not to have a significant impact on the environment because it
consists of minor interior and exterior alterations of the existing facilities, and will not introduce
new or intensify potential environmental impacts specifically related to noise and odors.
Therefore, the proposed project has been found to be categorically exempt (Article 19 Section
15301(a)).
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
August 11, 2015, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: With respect to the application for a Site Plan Review to allow the
installation of a roof-mounted exhaust fan and make-up air unit to service a new oven room to
be constructed inside the interior storage area of the existing Smart & Final Extra! store and to
exceed the maximum roof ridgeline, the Commission finds that:
A. The proposed roof-mounted equipment may be erected above the height limits pursuant
to the requirements of the Uniform Building Code. Because these units will be
constructed per the requirements of the Uniform Building Code. Moreover, as opined by
the Building Official, these units are typical units for similar commercial establishments
and are required in order to properly ventilate the proposed oven, and are also not
excessive in size in order to perform the necessary functions.
B. The roof-mounted equipment will not cause significant view impairment from adjacent
property, as defined in Section 17.02 (Single-Family Residential Districts). Specifically,
Staff visited three nearby properties to assess their views, including one residence at
28530 Bearhaven Ct. (one-story residence), one residence at 28531 Radbrook Court
(two-story residence) and one residence at 28420 Pontevedra Drive (one-story
residence across Western Avenue), and has determined that the roof-mounted
equipment will not extend significantly into the protected view of the Harbor from the
nearby residential properties, thus not causing a significant view impairment.
Section 2: With regard to the Site Plan Review, the proposed roof-mounted
equipment complies with the required commercial development standards as it relates to
setbacks and lot coverage, for the CG zoning district.
Section 4: Any interested person aggrieved by this decision or by any portion of this
decision may appeal the project 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 August 11, 2015, the date of the Planning Commission's final action.
Section 5: 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 Site Plan
Review to allow the applicant to install a make-up air (MUA) unit and an exhaust fan on the roof
of the Smart & Final Extra! building located at 28500 S. Western Avenue, subject to the
conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 11th day of August 2015, by the following vote:
AYES: Commissioners Cruikshank, Emenhiser, Gerstner, Leon, Vice Chair Tomblin and
Chairman Nelson
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner James
P.C. Resolution No. 2015-13
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fi ?It
Robert A. Nelson
\ m Chairman
Joel Roja , ai•P
Commu ity De elopmen rector
Secreta to th, Planning ommission
P.C. Resolution No. 20153
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2015-00249
(28500 S. Western Avenue)
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 conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Public Works.
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 Community Development Director 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 Community Development Department and
approved by the Director.
8. 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.
P.C. Resolution No. 2015-13
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9. 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.
10. This approval is only for the items described within these conditions and identified on the
stamped APPROVED plans and is not an approval of any existing illegal or legal non-
conforming structures on the property, unless the approval of such illegal or legal non-
conforming structure is specifically identified within these conditions or on the stamped
APPROVED plans.
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. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by
the contractor or property owner. Existing or temporary portable bathrooms shall be
provided during construction. Portable bathrooms shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official.
13.Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on 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. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do so,
the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
Project Specific Conditions:
14. Approval of the Site Plan Review (Case No. ZON2015-00249) is for the placement of an
exhaust fan and a make-up air unit (MUA) to be placed on the roof of the Smart N' Final
Extra! commercial building located in the Westmont Shopping Plaza. The MUA unit
shall project 3'-8" above the roof, 1'-8" above the existing roof parapet and 24'-8" from
the adjacent grade. The exhaust fan shall project 4' above the roof, 1'-10" above the
existing roof parapet and 24'-10" in height as measured from the adjacent grade. (This
approval includes an interior remodel consisting of the construction of an oven room, in
which chicken will be cooked.)
P.C. Resolution No. 2015-13
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15. Prior to Building Permit Final Inspection, both the exhaust fan and make-up air unit shall
be screened, to the satisfaction of the Community Development Director, from the view
of neighboring properties and visitors of the shopping complex. The screens shall be
painted to match the color of the existing air conditioning unit screens. The screening
shall not be taller than the height of the mechanical equipment, which is a maximum of
24'-8", as measured from adjacent grade to the top of the screens.
16. Operation of the exhaust fan and make-up air unit (MUA) shall be only between the
hours of 7:00am and 7:00pm.
17. Per RPVMC 17.12.030.B, with the exception of outdoor uses permitted by a conditional
use permit, as per Chapter 17.60 (Conditional Use Permits), and/or a special use permit
or temporary vendor permit as per Chapter 17.62 (Special Use Permits), all goods,
wares, merchandise, produce and other commodities shall be housed in permanent,
entirely enclosed structures, unless being transported.
P.C. Resolution No. 2015-13
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