PC RES 2024-010 P.C. RESOLUTION NO. 2024-10
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING,
WITH CONDITIONS, A CONDITIONAL USE PERMIT
FOR A RESTAURANT WITH ALCOHOL SALES AND
LIVE ENTERTAINMENT ASSOCIATED WITH THE
PENINSULA TAP HOUSE IN SUITE 'B' OF BUILDING 'A'
IN THE GOLDEN COVE CENTER LOCATED AT 31234
PALOS VERDES DRIVE WEST (CASE NO. PLCU2022-
0001).
WHEREAS, on October 12, 1999, the Planning Commission adopted P.C.
Resolution No. 99-39 and 99-40 thereby certifying a Mitigated Negative Declaration and
conditionally approving Conditional Use Permit No. 206 for the construction of three
buildings (referred to as Building D, E and F) located adjacent to Palos Verdes Drive
West. In addition to the construction of the three buildings, open-air trellises were
permitted to be constructed surrounding the three buildings; and,
WHEREAS, on December 11, 2008, the Planning Commission adopted P.C.
Resolution Nos. 2008-55 and 2008-56, thereby certifying a Mitigated Negative
Declaration and conditionally approving a Revision to Conditional Use Permit No. 206 to
demolish and build a new Building C for the construction of a new building in the same
location for a new grocery store to be occupied by Trader Joe's; and
WHEREAS, on March 8, 2011, the Planning Commission adopted P.C. Resolution
No. 2011-13, conditionally approving a Revision to Conditional Use Permit No. 206 to
modify the roof structure of three existing open-air trellises located on Building D, E and
F to be remodeled with a solid roof/canopy with additional dining underneath two of the
covered patios. At that time, the Planning Commission required a one-time review of the
Golden Cove Center's conditions of approval and their effectiveness with the operations
of the Center to be held no sooner than one year following the final approval of the
requested revision; and
WHEREAS, on December 10, 2013, the Planning Commission adopted P.C.
Resolution No. 2013-28, conditionally approving an amendment to the Golden Cove
Center Conditional Use Permit, thereby combining all conditions of approval related to
the Center's operations and development standards into one document, for the Center;
and
WHEREAS, on June 13, 2022, the Golden Cove Center Property Owner, Golden
Cove Center, LLC, submitted an application to revise Conditions of Approval of the
existing Golden Cove Center CUP to allow for the use of amplified sound and outdoor
live entertainment within the courtyard area of Building 'A' on a permanent basis.
Subsequently, the Peninsula Tap House business owner, Bar West, Inc., requested a
P.C. Resolution No. 2024-10
Page 1 of 8
CUP for the operation of the restaurant in coordination with alcohol sales and live
entertainment; and
WHEREAS, On June 22, 2022, Staff reviewed the application package and
deemed the application incomplete for processing due to missing information and the
preparation of additional application materials. Additional information was resubmitted on
several occasions, including sound studies; and the application was deemed complete
for processing on March 18, 2024; and
WHEREAS, On March 21, 2024, a public notice announcing the proposed project
was published in the Peninsula News and a public notice was sent to property owners
within 500 feet of the project site; and,
WHEREAS, Addendum No. 2 to the adopted Mitigated Negative Declaration (Case
No. PLCU2024-0002) has been prepared to amend the project description for the Mitigated
Negative Declaration to describe revisions related to the usage of amplified sound and the
operation of outdoor entertainment within a courtyard area adjacent to Building 'A' of the
Golden Cove Center, and provide analysis regarding whether the revisions to the project
description require subsequent environmental review; 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 April 9, 2024, 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 Conditional Use Permit to allow
the Peninsula Tap House to operate a restaurant with alcohol sales and live entertainment
within Suite B' and in a 750 ft2 courtyard area adjacent to Building 'A' of the Golden Cove
Center.
Section 2: Based on the independent judgment of the decision-maker, after
consideration of the whole of the administrative record, the project was assessed
in Mitigated Negative Declaration adopted on October 12, 1999, and pursuant to
CEQA Guidelines 15162 and 15164, as supported by Addendum No. 2 dated
April 9, 2024, no major revisions are required to the Mitigated Negative Declaration;
and no subsequent EIR or negative declaration is required for approval of the project.
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Section 3: The Planning Commission finds that the Conditional Use Permit to
allow the Peninsula Tap House to operate a restaurant with alcohol sales and live
entertainment within a Commercial Neighborhood (CN)zoning district is warranted based
on the following findings:
P.C. Resolution No. 2024-10
Page 2 of 8
A. The site is adequate in size and shape to accommodate the use and for all
of the yards, setbacks, walls, fences, landscaping and other features
required by the Development Code or by conditions imposed to integrate
the use with those on adjacent land and within the neighborhood. The
indoor entertainment will be conducted within a portion of the existing 1,280
ft2 restaurant without any modifications to the project site setbacks, building
height or lot coverage. In terms of the proposed outdoor entertainment, the
activity will be conducted within the 750 ft2 space of the courtyard adjacent
to Building 'A', which is improved with hardscape and landscape
improvements as well as tables and chairs. On occasion, the outdoor
entertainment will require a temporary 70 ft2 stage to be set up within the
courtyard area in order to accommodate equipment, instruments, and
performers. Based on a review of the project plans, the courtyard area is
adequate in size and shape to accommodate the temporary stage and
associated improvements without impeding access to and from Building 'A'.
B. The site for the use relates to streets and highways sufficient to carry the
type and quantity of traffic generated by the subject use because the
proposed use will not generate additional traffic beyond the limits of what
the site can manage since the proposed use is taking place during the
evenings and weekends which are considered off-peak hours since many
of the businesses occupying Building 'A' such as the urgent care, pharmacy,
dentist office, and State Farm Insurance are closed by 6:00PM daily and
restaurants in the, area such as Poke Me, Tomatillo, Swan Thai, and
Subway are closed by 8:00PM. Additionally, the shopping center has a
current inventory of 550 parking spaces allotted with a total of 498 spaces
being utilized for all existing businesses within the plaza, this allows for up
to 50 additional cars to park if needed.
C. In approving the use at the specific location, there will be no significant
adverse effect on adjacent property or the permitted use thereof because
requested applications do not involve any modifications that would
substantially change the physical dimensions of the shopping center.
Instead, the requested applications are intended to utilize existing courtyard
areas within the courtyard of Building 'A' of the Golden Cove Shopping
Center. As indicated in the associated noise studies, the noise impacts to
the surrounding neighbors would not cause an adverse impact to the
adjacent properties or their permitted use. As such, this finding can be
made.
D. The use is not contrary to the General Plan because the project implements
goals and policies of the General Plan to ensure that "land uses that will be
sensitive to and enhance the natural environment and character of the City;
supply appropriate facilities to serve residents and visitors; promote fiscal
balance; and protect the general health, safety, and welfare of the City."
Additionally, the project proposed is consistent with the underlying land use
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designation of Commercial Recreational. The project is also within the
Commercial Neighborhood Zoning District which allows for live
entertainment businesses that serve alcohol through the approval of a
Conditional Use Permit.
E. The property is not within an overlay control district.
F. That the conditions necessary to protect the health, safety, and general
welfare, have been added as reflected in Exhibit "A" of this Resolution,
which include defining the hours of operation and ensuring continued
monitoring to ensure that the noise limits do not exceed an average (Leq) of
65 dBA and a maximum (Lmax) of 80 dBA as set forth by the original
conditions of approval for the Golden Cove Center.
Section 4: 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, April 24, 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 April 24, 2024.
Section 5: 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 6: For the foregoing reasons and based on the information and findings
included in the April 9, 2024 Staff Report, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby approving, with
conditions, Resolution No. 2024-10, to allow for the operation of a restaurant with alcohol
sales and live entertainment associated with the Peninsula Tap House in Suite `B' of
Building 'A' in the Golden Cove Center located at 31234 Palos Verdes Drive West (Case
No. PLCU2022-0001).
P.C. Resolution No. 2024-10
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLCU2022-0001
AT 31234 PALOS VERDES DRIVE WEST, SUITE B
(PENINSULA TAP HOUSE)
General Conditions:
1. 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 ten (10) 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
anyof 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. 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.
4. Pursuant to RPVMC §17.78.040, the Director of Community Development is
authorized to make minor modifications to the approved Conditional Use Permit
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 planned use shall be considered a revision
and require approval by the final body that approved the original special use
permit, which may require new and separate environmental review and public
notification.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the special use permit pursuant to the revocation
procedures contained in RPVMC §17.86.060 or administrative citations as
described in RPVMC §1.16.
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6. 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.
Project Specific Conditions:
Permit Operations
7. This approval authorizes the Peninsula Tap House to operate a restaurant with
alcohol sales and outdoor live entertainment within the 750 ft2 courtyard area
adjacent to Building 'A' of the Golden Cove Center as outlined in Condition Nos.
55-65 of the Golden Cove Center Conditional Use Permit (Case No. PLCU2024-
0002) and as further enumerated here:
o Monday through Thursday: 5:00PM to 9:00PM;
o Friday: 5:00PM to 10:00PM;
o Saturday: 11:00AM to 10:00PM, not to exceed 6 hours
o Sunday: 11:00AM to 8:00PM, not to exceed 6 hours; and
o All federally observed Holidays from 11:00AM to 9:00PM, not to exceed 6
hours
Live indoor entertainment is permitted at all hours in which the Peninsula Tap
z
House is open for business.
8. For special events, temporary amplified sound may be permitted provided that the
applicants obtain a Special Use Permit from the Community Development
Department.
9. Outdoor operations for the Peninsula Tap House and live entertainment shall be
limited to the 750 ft2 courtyard to Building 'A' of the Golden adjacent
Go den Cove Center
identified on the project plans dated March 21, 2023. Indoor live entertainment
shall be limited to the 1,280 ft2 Suite `B' of the Golden Cove Center located at
31234 Palos Verdes Drive West.
10. The maximum number of attendees allowed at an outdoor live entertainment
activity in the 750 ft2 courtyard area is 75 people. The maximum number of
attendees at an indoor live entertainment activity within the 1,280 ft2 Suite `B' of
the Golden Cove Center located at 31234 Palos Verdes Drive West shall be
dictated by the occupancy limits of the California Health and Safety Code.
11. The Applicant shall maintain the outdoor operation and entertainment area clean
and free of debris at all times.
12. The Applicant shall be responsible to setup and tear-down the outdoor operation
and entertainment area, no sooner or later than sixty minutes before and after each
outdoor operation and entertainment event.
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13. Two weeks prior to the commencement of outdoor operations and entertainment,
the Applicant shall be responsible to provide the Director of Community
Development with the contact information including name and telephone number
of on-site personnel that will be available to respond to permit inquiries during the
hours of operation when events are permitted.
14. The Applicant shall be responsible to conduct outdoor operations including the sale
and service of alcoholic beverages consistent with existing licensing requirements
established by the California Department of Alcoholic Beverage Control.
15. As determined by the City's Building Official, the Applicant shall obtain a building
permit or Fire Department approval, if necessary.
16. No outdoor lighting shall be permitted where the light source is directed towards or
results in direct illumination of a parcel or parcel of properties, other than that upon
which such light source is physically located.
17. The use of laser lights, strobe lights, flashing lights, or any similar lighting shall be
prohibited during all events. Temporary lighting for the purposes of illuminating
performers and the stage is permitted as long as the lighting remains downlit and
directed away from adjacent parcels.
18. Any and all permanent signage related to events or the staging area, must be
approved via the Master Sign Program (Case No. ZON2014-00240) established
by Golden Cove Center.
Sound
19. All amplified sound and/or musicians shall be limited to the hours when events are
permitted as outlined in Condition No. 56 of the Golden Cove Center Conditional
Use Permit (Case No. PLCU2024-0002).
20. All speakers shall be oriented south towards the shopping center and away from
the residences to the East to minimize impacts to the surrounding properties.
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