PC RES 2024-017 P.C. RESOLUTION NO. 2024-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING A SITE PLAN
REVIEW TO ESTABLISH LOCATION AND HEIGHT GUIDELINES
FOR THE REPLACEMENT AND INSTALLATION OF NEW
MECHANICAL UNITS ON THE ROOF THAT EXCEED THE 16
FOOT HEIGHT LIMIT FOR THE SHOPPING CENTER KNOWN AS
"WESTERN PLAZA" LOCATED AT 29105-29229 S. WESTERN
AVENUE (CASE NO. PLMH2O24-0002).
WHEREAS, on May 1, 2024, the Applicant, SCG West Developers, submitted an
application to the Planning Division, requesting approval by the Planning Commission of
a Site Plan Review to establish location and height guidelines for the replacement and
installation of new mechanical units on the roof that exceed the 16 foot height limit for the
Western Plaza shopping center ("project site") located at 29105-29229 S. Western
Avenue; and,
WHEREAS, on May 2, 2024, Staff completed the initial review of the application and
deemed it complete for processing, setting the action deadline to July 1, 2024; and,
WHEREAS, on May 9, 2024, a public notice announcing the proposed project was
published in the Palos Verdes Peninsula News and mailed to all property owners within a
500-foot radius from the project site, providing a 15-day time period for the submittal of
comments; and,
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 approved project has been found to be categorically exempt under Guideline
Section No. 15301 (Existing Facilities). Section 15301 allows the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features, involving negligible
or no expansion of existing or former use. As the project proposes to replace existing
mechanical equipment on the roof of an existing structure, there is no expansion of the
existing use. Furthermore, none of the exceptions to the use of this exemption set forth in
CEQA Guidelines, section 15300.2 apply to this project and this project does not present
any unusual circumstances and,
WHEREAS, the Planning Commission held a public hearing on May 28, 2024, at
which time all interested parties were given an opportunity to be heard and present
evidence.
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NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are true and correct and are incorporated herein by
reference.
Section 2: The approved project involves a Site Plan Review permit to establish
location and height guidelines for the replacement and installation of new mechanical units
on the roof that exceed the 16 foot height limit for the shopping center known as "Western
Plaza" located at 29105-29229 S. Western Avenue.
Section 3: Based on the whole of the administrative record, the Project is exempt
from CEQA pursuant to CEQA Guidelines, Section 15301 (Existing Facilities). Section
15301 allows the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use. As the
project proposes to replace existing mechanical equipment on the roof of an existing
structure, there is no expansion of the existing use. Furthermore, none of the exceptions to
the use of this exemption set forth in CEQA Guidelines, section 15300.2 apply to this project
and this project does not present any unusual circumstances.
Section 4: The Planning Commission finds that approval of a Site Plan Review
permit to create location and height guidelines to replace and install new mechanical units
on the roof that exceed the by-right 16 foot height limit is warranted based on the following
findings:
A. The approved guidelines include roof-mounted equipment that will extend above
the roof level by 7 feet 9 inches and will extend 21.53 feet from adjacent grade
at the highest point, which is located in Zone No. 3, and shown in Section No. 3
on the approved plans. All roof-mounted equipment installed by future tenants
will be designed to comply with all applicable building codes and regulations
pursuant to the California Building Code (CBC). These types of units are typical
for commercial buildings and are typically installed on the rooftop in order to
provide adequate ventilation and cooling for the various uses.
B. The approved guidelines will not create conditions on the project site that will
result in a significant view impairment as observed from an adjacent property.
The residences on these adjacent properties are located between 42 to 72 feet
away from the project site buildings, and between 15 to 30 feet higher in elevation
than the project site. The views from these residential properties are primarily
oriented to the east towards the Los Angeles and Long Beach Harbors and are
observed over the project site. The approved guidelines ensure that any future
mechanical equipment installed will not significantly impair views from adjacent
properties.
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Section 5: 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,
June 12, 2024. 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 June 12, 2024.
Section 6: 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.
Section 7: 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 adopts P.C. Resolution No.
2024-17, approving a Site Plan Review to establish location and height guidelines for the
replacement and installation of new mechanical units on the roof that exceed the 16 foot
height limit for the shopping center known as "Western Plaza" located at 29105-29229 S.
Western Avenue, subject to the Conditions of Approval contained in the attached Exhibit
"A".
PASSED, APPROVED AND ADOPTED this 28th day of May 2024, by the following vote:
AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM, SAADATNEJADI
& CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: VICE-CHAIR SANTAROSA
Da Chur
Cak
Chair
Bran•'y ores, AICP
Director of Community Development
P C Resolution No 2024-17
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLMH2O24-0002
(SITE PLAN REVIEW)
29105-29229 S. WESTERN AVENUE
General Conditions:
1. Within 90 days of this approval, the Applicant 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 permit and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved Sign Program. 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
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environmental review and public notification.
6. The project development on the site shall conform to the Commission-approved
plans and to the specific standards contained in these conditions of approval or, if
not addressed herein, shall conform to the Commercial General standards of the
City's Municipal Code.
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 administrative citations as described in
RPVMC Chapter 1.16.
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.
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 approval.
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. 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
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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.
14. 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.
15. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
Project Specific Conditions:
16. Any mechanical equipment that is replaced and/or newly installed on the roof that
exceeds the 16 foot height limit for the shopping center known as "Western Plaza",
located at 29105-29229 S. Western Avenue, shall comply with the location and
height requirements shown on the plans approved by the Planning Commission on
May 28, 2024, and as delineated in the following table:
Maximum Height Roof Surface Maximum Height
for Roof-top Height At for Roof-top
Height Mechanical Units Location Of Mechanical Units
Zone Depth
Zones (as measured from Tallest (as measured from
roof surface) Existing/Proposed adjacent grade)
Mechanical Unit
Zone 1 6.50 feet 14.29 feet 19.62 feet 48.46 feet
Zone 2 6.00 feet h 13.83 feet 18.66 feet 36.00 feet
Zone 3 7.75 feet 14.99 feet 21.53 feet 35.42 feet
Zone 4 6.17 feet 12.00 feet 18.10 feet 48.46 feet
17. PRIOR TO THE FINAL INSPECTION RELATED TO ANY BUILDING AND/OR
MECHANICAL AND/OR PLUMBING PERMITS, for any new installed roof-
mounted mechanical equipment (excluding small vents and fans and excluding
any existing equipment that is currently unscreened and that is replaced in the
same location) shall be screened to the satisfaction of the Director. Any existing
units that are currently screened and are proposed to be replaced shall maintain
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their screening.
18. Pursuant to RPVMC §17.12.030.F, the operation of machinery or mechanical
equipment which emits noise levels in excess of 65 dBA, as measured from the
closest property line to the mechanical equipment, shall only be allowed on
commercial properties which abut a residential district, between the hours of 7:00
a.m. and 7:00 p.m., Monday through Sunday.
19. The height shall be measured per the existing elevations provided in the application
and approved plans.
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