PC RES 2019-029 P.C. RESOLUTION NO. 2019-29
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING,
WITH CONDITIONS, A CONDITIONAL USE PERMIT TO
ALLOW A VETERINARY CLINIC TO OPERATE WITHIN A
4,605FT2-LEASING SPACE ON THE LOWER LEVEL OF
AN EXISTING TWO-STORY COMMERCIAL BUILDING
(PLCU2OI 9-0006).
WHEREAS, on May 15, 2019, pursuant to Rancho Palos'Verdes Municipal Code
(RPVMC) §17.90.010(A), Dr. Giselle Pomeranc-Mayer (Applicant) submitted an
Interpretation Procedure application requesting that the Director of Community
Development determine that a veterinary clinic is a permitted use in the Commercial
Professional (CP) zoning district. On May 22, 2019, the Director determined that a
veterinary clinic shall be classified as a conditionally-permitted use for all properties within
the CP zoning districts; and,
WHEREAS On July 11, 2019, the Applicant submitted a Conditional Use Permit
(CUP) application to the Planning Division to allow a veterinary clinic at the subject
property, an existing office building located at 580 Silver Spur Road within the CP zoning
district; and,
WHEREAS, on November 18, 2019, Staff deemed the application complete for
processing, setting the action deadline as January 17, 2020; and,
WHEREAS, on November 21, 2019, a public notice was mailed to property owners
within a 500' radius of the project site and published in the Palos Verdes Peninsula News
No comments in response to the public notice were received; and,
WHEREAS, pursuant to the California Environmental Quality Act (CEQA).
Categorical Exemptions are projects which have been determined not to have a
significant effect on the environment and have been exempted from the requirements of
the CEQA Section 15301(a) (Existing Facilities) allows for minor improvements to
existing facilities such as interior partitions, plumbing, and electrical conveyances The
use will occupy an existing 4,605ft2 lower level within the two-story commercial building
and will undergo interior tenant improvements. In addition, the project is exempt from
CEQA requirements under Section 15303(c) (New Construction or Conversion of Small
Structures)which allows conversions of small structures from one use to another provided
that the structure is in an urbanized area, does not involve significant amounts of
hazardous substances, all necessary public services and facilities are available, and the
surrounding area is not environmentally sensitive. Based on existing conditions and
location of the commercial building, the new use will be located in an urbanized area with
surrounding commercial properties with available public services and facilities, and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Municipal Code, the Planning Commission held a duly-noticed public hearing on
December 10, 2019, 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: That the proposed project is a request to operate a veterinary clinic
within a 4,605ft2-leased space located on the first level of an existing two-story
commercial building in the CP zoning district. The hours of operation will be 8:00 AM-8.00
PM on Mondays, 8:00 AM-6:00 PM Tuesdays through Fridays, and 7:00 AM-1:00 PM on
Saturdays.
Section 2: The Planning Commission finds that the Conditional Use Permit
(CUP) for a veterinary clinic use is warranted based on the following findings:
A. The site is adequate in size and shape to accommodate the proposed use
that will occupy an existing 4,605ft2 unit on the first level of an existing two-
story commercial building. The proposed use will not alter existing setbacks,
nor will the use trigger new fencing, landscaping, lighting, or other site-
related improvements. Based on the City's parking standards, a minimum
of 39 spaces are required to accommodate the new veterinary clinic use
and existing professional office uses. The existing parking lot provides a
total of 39 parking spaces.
B. The site for the proposed use relates to streets and highways sufficient to
carry the type and quantity of traffic generated by the proposed use. Based
on City records, the space has been vacant for several years. In terms of
traffic, the veterinary clinic will not generate vehicle trips no greater than the
original financial institution based on anticipated operations. Additionally,
the new use will not impact the traffic on adjacent streets as Silver Spur
Road provides four travel lanes and the site provides two access points for
vehicles to enter and exit the site.
C. In approving the subject use, there will be no significant adverse effect on
adjacent property or the permitted use thereof. There will be no additional
aesthetic, land use, traffic, or other impacts onto the neighboring properties
as the proposed use has a similar parking demand as the existing and prior
uses. The subject site is surrounded by other commercial uses, and the
Applicant is not proposing to expand the existing structure. The new use will
not impact adjacent residential properties, which are at least 170' away as
measured from the closest property line and 130' higher in elevation. Also,
the proposed hours of operation (8:00 AM-8:00 PM on Mondays, 8:00 AM-
6:00 PM Tuesdays through Fridays, and 7:00 AM-1:00 PM on Saturdays)
are similar to the hours of operation of other businesses and uses within the
P.C. Resolution No. 2019-29
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immediate area. The proposed use may support and enhance some of the
other establishments with new patrons, benefitting the overall commercial
building and commercial area.
D. The proposed veterinary clinic use is not contrary to the General Plan
because the site is designated for commercial use, and the proposed use
is permitted in the Commercial Professional (CP) zoning district with an
approval of a CUP as determined by the Director of Community
Development on May 22, 2019. In addition, the existing location of the
building provides adequate buffer and distance from adjacent residential
properties to mitigate any potential noise, odor, and visual impact as well as
conditions included in Exhibit "A" to avoid any potential impacts to
surrounding properties, particularly residential properties.
E. The Applicant,is not proposing any site improvements that will result in view
impairment, topography modifications, and vegetation removal As such,
the veterinary clinic use will comply with the OC-1 (Natural) and OC-3
(Urban Appearance) overlay control district performance criteria as
specified in RPVMC Chapter 17.40.
F. Conditions regarding any of the requirements, which the Planning
Commission finds to be necessary to protect the health, safety and general
welfare, have been added. Specifically, the following conditions are
included as reflected in Exhibit "A" of this Resolution:
• All tenant improvements shall be permitted and inspected by the
City's Building and Safety Division;
• City approvals shall be required for all new signage;
• Hours of operation shall be limited to 8:00 AM-8:00 PM on Mondays,
8:00 AM-6:00 PM Tuesdays through Fridays, and 7:00 AM-1.00 PM
on Saturdays;
• Veterinary clinic use shall maintain a minimum of 19 parking spaces;
• The Applicant shall be responsible for contracting for commercial
waste-hauling service on a regular basis, at least once per week
pursuant to the City's permitted hours (8 00 AM-8:00 PM on
Mondays, 8.00 AM-6:00 PM Tuesdays through Fridays, and 7.00
AM-1:00 PM on Saturdays), so as not to create objectionable odors
for nearby residents;
• The applicant shall be responsible for contracting for
medical/hazardous waste removal service on a regular, as-needed
basis pursuant to the City's permitted hours (8:00 AM-8:00 PM on
Mondays, 8:00 AM-6:00 PM Tuesdays through Fridays, and 7 00
AM-1:00 PM on Saturdays), so 'as to reduce the potential exposure
of the public to hazardous materials. Hazardous materials shall not
be disposed of with the commercial waste-hauling service;
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• The applicant shall be responsible for ensuring that pharmaceuticals,
02 tanks and other medical supplies and equipment are properly
secured from public access at all times; and,
• Any changes to uses within the commercial building shall be
reviewed and approved by the Director of Community Development.
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 4 30 p.m on
Friday, January 3, 2020 (appeal period automatically extended due to the City Hall holiday
closure from Tuesday, December 24, 2019, through Wednesday, January 1, 2020). A
$2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the
Planning Commission's decision will be final at 4:30 p.m. on Friday, January 3, 2020
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 Section 17.86.100(B) of the Rancho Palos Verdes Municipal Code.
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 adopts P.C. Resolution No. 2019-
29, approving a Conditional Use Permit to allow a veterinary clinic to operate within a
4,605ft2-leased space on the lower level of an existing two-story commercial building
P.C. Resolution No 2019-29
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PASSED, APPROVED, AND ADOPTED on this 10th day of December 2019, by the
following vote:
AYES: COMMISSIONERS JAMES, NELSON, SANTAROSA, PERESTAM, AND VICE-
CHAIRMAN LEON
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT. COMMISSIONER SAADATNEJADI
Gordon Leon
Vice Chairman
AICP f
Acting City Man;ger/Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLCU2019-0006
CONDITIONAL USE PERMIT
580 SILVER SPUR ROAD
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
Exhibit "A". Failure to provide said written statement within 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 shall apply.
5. Pursuant to Rancho Palos Verdes Municipal Code (RPVMC) Section 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 City's Municipal Code, 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 Section 17.86.060 or administrative citations as described in
RPVMC Chapter 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
Section 17.86.070 within one year of the final effective date of this 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 decision.
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. 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 RPVMC Section
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
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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.
14. If 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, the Applicant shall provide temporary construction fencing, as
defined in RPVMC Section 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. 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. This approval shall allow the operation of a veterinary clinic within a 4,605ft2 leased
space located on the lower level of the existing two-story commercial building
17. All tenant improvements shall be permitted and inspected by the City's Building
and Safety Division, as well as comply with all applicable state requirements.
18. The veterinary clinic shall be permitted to only operate from 8:00 AM-8:00 PM on
Mondays, 8:00 AM-6:00 PM Tuesdays through Fridays, and 7:00 AM-1:00 PM on
Saturdays No operations shall occur on Sundays or outside the commercial
building.
19. City approvals shall be obtained for all new signage prior to installation.,
20. The veterinary clinic use shall maintain at least 19 of the 39 available parking
spaces for its use.
21. The Applicant shall be responsible for contracting for commercial waste-hauling
service on a regular basis, at least once per week between the hours of 7:00 AM
and 7:00 PM, Monday through Saturday, so as not to create objectionable odors
for nearby residents;
22. The applicant shall be responsible for contracting for medical/hazardous waste
removal service on a regular, as-needed basis between the hours of 7:00 AM and
7.00 PM, Monday through Saturday, so as to reduce the potential exposure of the
public to hazardous materials. Hazardous materials shall not be disposed of with
the commercial waste-hauling service;
23. The applicant shall be responsible for ensuring that pharmaceuticals, 02 tanks and
other medical supplies and equipment are properly secured from public access at
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all times.
24. Any changes to uses within the commercial building shall be reviewed and
approved by the Director of Community Development.
25. This approval does not allow any alterations to the existing building footprint or
envelope on any level of the commercial building.
26. The operation of the veterinary clinic and its compliance with the City's Conditions
of Approval, including but not limited to parking, noise, and hours of operation,
shall be subject to a compliance review by the Planning Commission after one year
of operation. All costs incurred for this compliance review, including consultant or
City Attorney reviews, shall be borne by the Applicant
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