PC RES 2022-012 P.C. RESOLUTION NO. 2022-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
AN AMENDMENT OF CONDITIONAL USE PERMIT NO. 41 TO
ALLOW FOR THE AFTER-THE-FACT CONSTRUCTION OF A NEW
1,200 FT2 CANOPY OVER AN EXISTING ROOF DECK ON THE
THIRD FLOOR OF BUILDING D AT THE CANTERBURY SENIOR-
LIVING FACILITY LOCATED AT 5801 CRESTRIDGE ROAD (CASE
NO. PLCU2021-0008).
WHEREAS, on February 6, 1979, the City Council approved Conditional Use
Permit (CUP) No. 41 and Variance No. 34, allowing for the construction of a new
retirement care facility (`Canterbury Gardens') to be constructed on a vacant lot with a
reduced number of parking spaces. Since this approval, numerous amendments to the
original CUP were approved by the City's Planning Commission. These amendments
allowed additional uses, 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 August 11, 1987, the City's Planning Commission adopted
P.C. Resolution No. 87-42, conditionally approving a revision to CUP No. 41, allowing for
the construction of a total of 1,629 ft2 of building additions on the project site and the
erection of handrailing and wind-screening for various roof top decks on the project site;
and
WHEREAS, on June 10, 2021, the City's Code Enforcement Division opened an
investigation (Case No. CMUNI2021-0005) for the after-the-fact construction of a roof deck
canopy on the project site; and
WHEREAS, on October 7, 2021, HB Architects, on behalf of property owner
Episcopal Communities and Services (collectively, "Applicant"), submitted an application to
amend the existing CUP No. 41, requesting approval for the after-the-fact construction of a
new 1,200 ft2 canopy over an existing roof deck on the third floor of Building D at the
Canterbury facility located at 5801 Crestridge Road (Case No. PLCU2021-0008); and
WHEREAS, on December 2, 2021, staff completed the initial review of the
development application and deemed the application incomplete for processing. After
several resubmittals of revised plans and additional information, staff deemed the
development application complete for processing on July 20, 2022; and
WHEREAS, on August 4, 2022, a public notice announcing the August 23, 2022
public hearing was published in the Palos Verdes Peninsula News and mailed to all
persons owning property within a 500 foot radius of the project site; and
P.C. Resolution No 2022-12
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WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources 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, the proposed project has been found to be categorically exempt under Section
15301 (Existing Facilities) of the California Guidelines for Implementation of CEQA.
Specifically, the project involves installing a canopy on a portion of a roof deck on an
existing structure; and
WHEREAS, the Planning Commission held a public hearing on August 23, 2022, 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: The proposed project is a request for a amendment to Conditional
Use Permit No. 41 and a Site Plan Review to allow for a new 1,200 ft2 canopy over an
existing roof deck on the third floor of Building D at the Canterbury facility.
Section 2: The Planning Commission finds that the Conditional Use Permit
amendment to allow for a new 1,200 ft2 canopy over an existing roof deck on the third floor
of Building D at the Canterbury facility is warranted based on the following findings:
A. 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 or by conditions imposed under this section to integrate said use with those on
adjacent land and within the neighborhood. Specifically, the proposed canopy will not alter
existing site yards, setbacks, walls or landscaping, and will not increase the overall height
of the building as the canopy ridgeline will match the existing ridgeline of Building D
(1,212.33 feet). Furthermore, no additional area other than air space above the existing
roof deck is required to accommodate the proposed shade structure. As such, the project
site and updated building with the new canopy will continue to be adequate in size to
accommodate the existing use.
B. 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. Specifically, the use of
the new canopy does not propose any operational modifications that would intensify the
type or quantity of traffic generated by the existing business. The new canopy will be
installed over a portion of an existing roof deck on the third floor of Building D within the
Canterbury facility to provide a space where residents can congregate and participate in
activities at a safe distance with adequate sun protection. The project site will continue to
be accessed as it has for many years via Crestridge Road, which is considered a collector
street in the Circulation Element of the City's General Plan. As such, this finding can be
made.
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C. The project will not result in any significant adverse impacts on adjacent
properties as a result of the canopy construction. Specifically, the project will not create
any significant view impairments as observed from the viewing areas of residential
properties located along Mistridge Drive, which are located south of the project site and
observe views of the city lights and mountains in a northerly direction. Staff conducted a
site visit to assess potential view impairments and determined that views will continue to
be observed over the project site and over the new canopy, because residential properties
along Mistridge Drive are improved with building pads that are approximately 30 feet
higher in elevation than the project site. In addition, the ridgeline of the new canopy will be
at the same height elevation as the existing ridgeline of Building D and the color of the
canopy will match the color of the existing building and deck, helping it to blend in with the
surrounding structures. As such, this finding can be made.
D. The project site is not located within an overlay control district.
E. The proposed use is not contrary to the General Plan as it is consistent with
the goal and policies of the Land Use Element to encourage the development of
institutional facilities to serve the needs of its residents. As such, the proposed project is
not contrary to the General Plan.
F. The conditions regarding any of the requirements listed in this paragraph,
which this 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 the 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). Specifically, a number of Conditions of Approval are recommended
by Staff to mitigate potential impacts to adjacent properties and to protect the health,
safety, and general welfare of the residents, businesses, and visitors of the City. Such
conditions cover topic such as aesthetics, height, and lightning.
Section 3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. The appeal shall set forth in writing, the
grounds for appeal and any specific action being requested by the appellant. Any appeal
letter must be filed within 15 calendar days of the date of this decision, or by 5:30 P.M. on
Wednesday, September 7, 2022. A $3,100.00 appeal fee must accompany any appeal
letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30
P.M. on Wednesday, September 7, 2022.
Section 4: Any challenge to this Resolution and the findings set forth therein, must
be filed within the 90-day statute of limitations set forth in Code of Civil Procedure §1094.6
and §17.86.100(B) of the RPVMC.
P.C. Resolution No. 2022-12
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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 adopt P.C. Resolution No. 2022-
; thereby conditionally approving an amendment to Conditional Use Permit No. 41 to
allow for the after-the-fact construction of a new 1,200 ft2 canopy over an existing roof
deck on the third floor of Building D at the Canterbury facility located at 5801 Crestridge
Road (Case No. PLCU2021-0008), subject to the Conditions of Approval contained in the
attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 231d day of August 2022 by the following
vote:
AYES: COMMISSIONERS NELSON, NULMAN, PERESTAM, SAADATNEJADI,
SANTAROSA, VICE-CHAIR CHURA, AND CHAIR HAMILL
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
AAA
Julie . mill
Chair
•
Ken Rukavina, PE
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2022-12
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLCU2021-0008
(CONDITIONAL USE PERMIT REVISION)
5801 CRESTRIDGE ROAD
General Conditions:
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 Exhibit
"A". 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 Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or any
of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. 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.
4. 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 (RPVMC) shall apply.
5. Pursuant to RPVMC §17.78.040, the Director of Community Development 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.
Substantial changes to the project shall be considered a revision and require
approval by the final body that approved the original project, which may require new
and separate environmental review and public notification.
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6. 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 RPVMC, including but not limited to
height, setback and lot coverage standards.
7. 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 RPVMC §17.86.060, or may be cause of the issuance of administrative
citations as described in RPVMC Ch. 1.16.
8. 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 RPVMC
§17.86.070 within one year of the final effective date of this Notice of Decision,
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.
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 approval.
11. 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.
12. 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.
13. 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.
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14. Construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over 30
calendar days shall provide temporary construction fencing, as defined in RPVMC
§17.56.050(C). Unless required to protect against a safety hazard, temporary
construction fencing shall not be erected sooner than 15 days prior to
commencement of construction.
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920.
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
7:00 AM Monday through Friday and before 9:00 AM 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.
16. Exterior nonresidential lighting shall comply with the standards of RPVMC
§17.56.040. Prior to installation of any new lighting, a lighting plan shall be reviewed
and approved by the Director of Community Development. Said lighting plan shall
include a photometric plan identifying the areas designed and intended for lighting
and indicating the maximum illumination levels of less than a 0.01 foot candles at all
property lines. Additionally, the lighting plan shall provide lighting descriptions,
including manufacturers catalog specifications, for all proposed light fixtures, lamps
and poles. The lighting plan shall be prepared by a lighting contractor, and shall
include the location, height, number of lights on the entire property, lumens of each
light bulb, and shall be in conformance with the standards and criteria of RPVMC
§17.56.040(B).
17. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
18. The Applicant shall remove the project silhouette within 7 days after a final decision
has been rendered and the City's appeal process has been exhausted.
Project Specific Conditions:
19. This approval shall allow for the following:
• Allow the after-the-fact construction of a new 1,200 ft2 aluminum frame and
fabric canopy with motorized drop shades, over an existing roof deck on the
third floor of Building D at the Canterbury senior-living facility.
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20. The height of the approved project shall be as depicted on the stamped APPROVED
plans and in no case shall the height of the canopy extend above a height of 30.56
feet, as measured from highest existing grade elevation adjacent to the building
(elev. 1,181.77 feet) to the proposed canopy ridgeline (elev. 1,212.33 feet); and an
overall height of 31.33 feet, as measured from lowest finished grade adjacent to the
building (elev. 1,181.00 feet) to the proposed canopy ridgeline (elev. 1,212.33 feet).
BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer PRIOR TO FINAL INSPECTION, based on the
above-mentioned instructions.
21. All prior conditions established by P.C. Resolution No. 78-53, which conditionally
approved CUP No. 41 and Variance No. 34, and subsequent CUP amendments
shall remain in effect. If a conflict exists, the newer condition will supersede and
replace any prior condition.
22. The condition, materials, colors, and maintenance of the canopy shall remain in
compliance with the plans approved on August 23, 2022.
23. Future modifications to the canopy including, but not limited to, increase in size and
height, will require a Conditional Use Permit Revision.
24. The canopy shall remain open on two sides.
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