PC RES 2012-002 P.C. RESOLUTION NO. 2012-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING THAT THE CITY
COUNCIL DENY A REQUEST TO AMEND THE DEVELOPMENT CODE
TO ALLOW ANCILLARY RESIDENTIAL USES WITHIN
COMMERCIALLY ZONED PROPERTIES OF THE CITY'S MUNICIPAL
CODE (PLANNING CASE NO. ZON2011-00089)
WHEREAS, on April 12, 2011, the property owner of the Golden Cove Center
submitted a Code Amendment Initiation Request to allow residential uses within the
Golden Cove Center, a commercially zoned property; and,
WHEREAS, On June 21, 2011, at the recommendation of Staff, the City Council
initiated a Code Amendment and directed Staff to move forward with drafting potential
development standards to allow residential uses within the Golden Cove Center and
other commercially-zoned properties in the City through the discretionary review of a
Conditional Use Permit (CUP), In addition, the City Council directed the Planning
Commission to consider the potential development standards for said residential uses to
ensure that they are clearly ancillary to commercial uses, to ensure that the residential
units do not adversely affect the vitality of the commercial developments and to
minimize impacts to adjacent neighbors. Specifically, the City Council requested that the
development standards: 1) limit the amount of ancillary residential use to 5 percent of
the total building square footage; 2) include provisions for apartment housing, but not
allow hotel or transient use; 3) include a provision for the units to be counted towards
meeting the City's Regional Housing Needs Assessment requirement; and, 4) limit the
ancillary residential use to locations not directly facing a street; and,
WHEREAS, on January 2, 2012, a Public Notice was mailed to all owners of
commercial property within the commercial zones slated for the allowance of ancillary
residential units. In addition, a public notice was mailed to all property owners who
reside within a 500-foot radius of commercial properties slated for the allowance of
ancillary residential units. The public notice was also published in the Peninsula {Hews
on January 5, 2012. A supplemental public notice was given to all property owners
noted above on January 9, 2012 to provide some clarifying information on the proposal;
and,
WHEREAS, after notice was issued pursuant to the provisions of the Rancho
Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on
January 24, 2012, at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments to Title 17 as set forth in the
January 24, 2012 Planning Commission Staff report.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The Planning Commission has reviewed and considered the
proposed amendments to Title 17 of the Municipal Code to allow ancillary residential
units within the Commercial Limited (CL), Commercial Professional (CP), Commercial
Neighborhood (CN) and Commercial General (CG) zoning districts and recommends
that the City Council not pursue the proposed code amendment,
Section 2: The amendments to allow ancillary residential uses within
commercial developments would not preserve the public health, safety, and general
welfare of the community and its residents because it may change the character of the
City's commercial areas,
Section 3: The amendments to allow ancillary residential units could result in a
loss of available commercially leasable area and, consequently, reduce the amount of
sales tax revenue generated for the City,
Section 4: The amendment to allow ancillary residential units, as proposed,
could create potential environmental impacts related to noise, odor and circulation
beyond what commercial uses would produce.
Section 5: Allowing ancillary residential uses within primarily commercial
developments could create a number of law enforcement and legal issues including how
residential leases would be terminated if the tenant were no longer employed within the
commercial center, nuisance issues related to dwelling units next to noisy commercial
uses, and issues related to potential age restrictions on residents.
Section 6: The operation of a predominately commercial center may not be
compatible with ancillary residential uses.
Section 7: The Planning Commission finds that it may be more appropriate to
research specific commercial areas throughout the City where "mixed-use" development
may be more appropriate, instead of allowing ancillary residential uses in all commercial
zones, as proposed. In addition, creating a zoning district and development standards
that allow for "mixed-use" development may be beneficial to ensuring that the health,
safety and general welfare of the City's abutting residential uses and commercial
viability are maintained.
Section 8: For the foregoing reasons, the Planning Commission of the City of
Rancho Palos Verdes hereby recommends that the City Council adopt a Resolution
denying the proposed code amendment to allow ancillary residential uses within
commercial zoning districts (Planning Case No. ZON2011-00089).
P.C. Resolution No. 2012-02
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PASSED, APPROVED, AND ADOPTED this 14th day of February 2012, by the
following vote:
AYES: Commissioners Emenhiser, Gerstner, Leon and Chairman Tomblin
NOES: None
ABSTENTION: Commissioner Lewis
ABSENT: Commissioner Tetreault
RECUSALS: None
David L. Tomblin
Chairman
,Joel Roja 1CP
Communi'y evelopment Director, and
Secretary o the Planning Commission
P.C. Resolution No. 2012-02
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