PC RES 2011-013 P.C. RESOLUTION NO. 2011-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A
REVISION TO CONDITIONAL USE PERMIT NO.206 TO ALLOW
CONVERSION OF THREE EXISTING TRELLISES INTO SOLID
ROOFED COVERED PATIOS LOCATED ON BUILDINGS D,E AND
F, AND ADDITIONAL DINING AREAS NOT TO EXCEED 376
SQUARE FEET EACH UNDERNEATH THE COVERED PATIOS
ALONG THE NORTH SIDE OF BUILDING D AND SOUTH SIDE OF
BUILDING F, AT THE PROPERTY COMMONLY KNOWN AS
GOLDEN COVE CENTER (31100 — 31176, AND 31212 — 31246
PALOS VERDES DRIVE WEST—CASE NO. ZON2010-00402).
WHEREAS, on November 10, 2010, the applicant, Paris Zarrabian,submitted a Conditional
Use Permit revision request to the Community Development Department for review and processing
requesting approval to convert three existing trellises into solid roofed covered patios along the north
side of Building D, the east side of Building E and south side of Building F and allow additional
dining areas underneath two of the covered patios.On December 9,2010,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 January 20, 2011; and,
WHEREAS, on February 14, 2011, Staff mailed notices to 108 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 17,
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 will not significantly intensify or expand the existing use on the property
because there are already existing outdoor dining areas and the proposed dining area will be
located underneath existing trellises and there is sufficient parking to meet the need of the outdoor
dining areas; 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 March 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
modifications without interfering with the parking configuration or traffic circulation patterns on the
site. This is due to the fact that the existing site has sufficient parking for the expanded use and the
improvements would only serve to cover an existing trellis. The applicant is proposing to alter the
existing open-air trellises to become solid roof structures and to allow outdoor dining underneath two
of these structures.The renovation of the three existing trellises intensifies the use of the site due to
the additional outdoor dining area. However,there are 11 extra parking spaces on the site,which is
sufficient to cover the increase in use on the property.
Section 2: The site for the proposed use relates to streets and highways is sufficient to
carry the type and quantity of traffic generated by the proposed project. The proposed project
includes the modification of three existing trellises attached to Buildings D, E and F, along Palos
Verdes Boulevard to be converted from open-air trellises to solid roofed covered patios and 375
square feet of new dining area underneath two of the covered patios. The additional outdoor dining
area requires 10 total parking spaces, however Staff feels that the additional traffic generated is
minimal and will not affect the existing traffic and this finding can be made.
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 Golden Cove Center. Specifically,
The open trellis areas permitted along the west side of Buildings D, E and F will be required to
remain open-air in order to preserve the aesthetics and open-air feeling as seen from Palso Verdes
Drive West. The proposed covered patios along north side of Building D and the south side of
Building F may be permitted to be covered, as opposed to open-air, as they will not be easily visible
from Palos Verdes Drive West.
Section 4: The proposed project is consistent with the General Plan's Land Use Policy
Map as a commercial zone. According to the General Plan, commercial zones are designated to
accommodate services that serve the immediate neighborhood, while preserving the character of
the Peninsula. The General Plan states that the Golden Cove Center should be redesigned and
revitalized based on convenience and need of the immediate community and improvements should
be designed to create a more cohesive connection between existing buildings. The architectural
style for the proposed renovation to the existing trellises that would be converted to solid roof
covered patios is generally consistent with the architectural style of the shopping center.
Additionally, the additional outdoor seating areas provide convenience and serve the needs of the
community and patrons of the Golden Cove Center.
Section 5: Conditions which the Planning Commission finds to be necessary to protect
the health, safety and general welfare, have been imposed. Specifically, Condition No. 20 of
Resolution No. 99-40 has been modified to clarify the need to maintain an open-air feeling along the
west sides of Buildings D, E and F, and permitting covered patios for dining purposes north of
Building D and south of Building F. Condition No. 20 is modified to read as follows:
"The outdoor dining area on the west side and adjacent to the three Re buildings off Palos
Verdes West shall remain uncovered and open to the sky, with the exception of an open
trellis. The outdoor dining areas on the north side of Building D and the south side of
Building F may be covered with a solid roof and shall be permitted to have a maximum of
375 square feet of outdoor dining underneath each roof. All trellis areas, whether they are
covered or not covered shall respect all City setbacks and shall not exceed a maximum
height of 12'0""
P.C. Resolution No. 2011-13
Page 2 of 7
Section 6: 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 March 8, 2011, the date of the
Planning Commission's final action.
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 conditionally approves a Revision to Conditional Use Permit No.
206 (Planning Case No. ZON2010-00402) to allow the conversion of open-air trellises along
Buildings D, E and F to be converted to solid roofed canopy structures and outdoor dining areas to
be permitted under two of said structures.
PASSED, APPROVED, AND ADOPTED this 8t" day of March 2011, by the following vote:
AYES: Commissioners Emenhiser, Gerstner, Knight, Leon and Lewis
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: Vice Chairman Tetreault and Chairman Tomblin
P.C. Resolution No. 2011-13
Page 3 of 7
/ /
CV3 otjii
4...,IV/rij Norm'',7----ii A3,i t.4.- G t.92.4 ilkiz....
1 - ,) , Chairman
11111 Iiiiii
. 111
Joeit jas, AICD
Conity Dev: pment Director
P.C. Resolution No. 2011- 13
Page4 of 7
EXHIBIT "A"
Conditions of Approval
Case No. ZON2010-00402 (Revision to CUP 206)
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 March 8, 2011,as submitted by the applicant.
4. The Approval of Case No. ZON2010-00402 (Revision to Conditional Use Permit No. 206)
allows a remodel of three existing 459 square foot trellises located along the north side of
Building D, east side of Building E and south side of Building F to be converted from open-
air trellises to solid roofed covered patios. In addition two of the covered patios are permitted
to be used for outdoor dining.
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
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. All remaining parking stalls approved through Resolution 2008-56 (Trader Joe's) and the
Admiral Risty improvements (Case No. ZON2009-00276) shall be completed prior to
P.C. Resolution No. 2011-13
Page 5 of 7
issuance of a Building Permit for the new outdoor dining areas and covered patios approved
through this CUP Revision.
10. The total parking spaces in the shopping center shall not be less than 307 spaces per the
approved parking plan on file with the City.With the addition of the new outdoordining areas
approved through this CUP Revision, the Center's total parking demand has been
determined to be 296 parking spaces. This demand is based on assumptions of the
November 4, 2008 Traffic Impact Study which was prepared as part of the Trader Joe's CUP
Revision (Resolution No. 2008-56) and the Tenant List dated March 7, 2011 (presented to
the Planning Commission on March 8, 2011). To ensure that the Center's overall parking
demand does not exceed the available total number of parking spaces (307 spaces), all
future tenants shall obtain approval by the Director prior to occupancy and/or issuance of a
Building Permit for tenant improvements. In order to obtain Director approval, all future
tenants shall present an updated tenant list that demonstrates to the Director that adding
said tenant to the Center will not exceed the overall parking demand of 296 space.
11. Condition No. 20 of P.C. Resolution No. 99-40 shall be revised as follows:
The outdoor dining area on the west side and adjacent to the three buildings off Palos
Verdes West shall remain uncovered and open to the sky, with the exception of an open
trellis. The outdoor dining areas on the north side of Building D and the south side of
Building F may be covered with a solid roof and shall be permitted to have a maximum of
375 square feet of outdoor dining underneath each roof. All trellis areas, whether they are
covered or not covered, shall respect all City setbacks and shall not exceed a maximum
height of 12'-0" (modified from Condition No. 20 of Planning Commission Resolution No.99-
40).
12. All other conditions of approval contained in PC Resolution Nos. 99-39, 99-40, 2001-08,
2008-55 and 2008-56 shall remain in full force and affect. In the event of a conflict in the
conditions of approval between the aforementioned PC Resolutions and the conditions of
approval contained in this PC Resolution No. 2011-13,the conditions contained herein shall
prevail and apply.
13. All outdoor dining areas shall remain open and shall not be allowed to be sectioned
off or barricaded in a manner that restricts free passage by pedestrians. Any
proposal to section off or barricade outdoor dining areas for the exclusive use by
tenants shall require an approval of a CUP Revision by the Planning Commission
pursuant to a duly noticed public hearing.
14. The property owner shall provide and maintain a 6'-0"tall solid barrier wall along the
south property line. The portion of the solid barrier wall located along the southern
property line which is 3'-6" in height shall be increased in height and maintained as
a solid 6'-0"tall wall that aesthetically matches the current 6'-0"tall wall portion. Said
wall shall be increased to 6'-0" prior to issuance of a final certificate of occupancy
for the new dining areas or prior to final of a building permit for the conversion of the
open air trellis to solid covered patio approved by this CUP Revision.
15. Within 60 days of the current veterinarian tenant at 31236 Palos Verdes Drive West vacating
P.C. Resolution No. 2011-13
Page 6 of 7
!F _ -
1
the premises, the pedestrian access gate required by Condition No. 20 of Resolution No.
2008-56 shall be removed and the access gate replaced with a solid barrier wall to match
the 6'-0" tall wall on either side.
16. No sooner than one (1) year after this approval, a review of the Golden Cove Center's
operations shall be held by the Planning Commission at a duly noticed public hearing.At that
time, conditions of approval related to the operation of the center may be added, deleted or
modified.
P.C. Resolution No. 2011-13
Page 7of7