PC RES 2009-041 P.C. RESOLUTION NO. 2 1
RESOLUTION F THE PLANNING COMMISSIONTHE CITY OF
RANCHO PALOS VERDES UPHOLDING THE DIRECTOR'S
INTERPRETATION THAT A CONDITIONAL PERMIT APPLICATION
CANNOT BE ACCEPTED THE USE OF THE POINT VIEW
PROPERTY T RESIDENTIALLY ZONED PROPERTY T
CONDUCT COMMERCIAL TE ISE WHEREBY RESIDENTIALLY
ZONEDP TY IS USED Y A PERSON OR ORGANIZATIONT T
IS NOT THE PROPERTY OWNER FOR THE PURPOSE OF CONDUCTING
EVENTS, TI TIES OR OTHERSIMILAR E CI L
ACTIVITIES ON AN ON-GOING BASIS.
WHEREAS, on February 20, 2009, the property owner submitted a Conditional Use
Permit application to use a 5-acre portion of his Point View property (known as the Cook
Shack area) for an "Event Garden" to conduct private parties, receptions, charity events
and the like; and,
WHEREAS, after review of the application and associated information, Staff
determined that the application could not be accepted and/or processed since the subject
property is within a Residential zoning district and the proposed use is not a use allowed by
right or by conditional use permit in said residential zoning district. Thus, on march 13,
2009, Staff returned the submitted conditional use permit application to the applicant; and,
WHEREAS, as a result of Staffs determination, and since the City's Development
Code allows for an Interpretation Procedure to further define or enumerate the uses
permitted in the various zoning districts, the property owner submitted a request for a
formal use determination (Case No. ZON2009-00146)for the proposed Point View"Event
Garden" on April 21, 2009; and,
WHEREAS, on May 21, 2009, within the prescribed 30 days of initiating a request
for an Interpretation, the Director of Planning, Building and Code Enforcement issued a
formal Interpretation establishing that within a Residential zoning district a Conditional Use
Permit application cannot be accepted for the types of commercial uses that are proposed
to be conducted in the"Event Garden"; and that a Special Use Permit should be submitted
for each non-commercial use that is proposed to be conducted at the"Event Garden"; and,
WHEREAS, on June 1, 2009 Gary Weber, representing the property owner,
submitted a request for a Planning Commission hearing on the Director's Interpretation;
and,
WHEREAS, on June 23, 2009, the Planning Commission continued the hearing to
August 11, 2009; and,
P.C. Resolution No. 2009-41
Page 1
WHEREAS, on August 11, 2009, the Planning Commission held a hearing on Case
No. ZON2009-00146, a Director's Interpretation, at which time all interested parties were
given an opportunity to be heard and present evidence. At the hearing, the Planning
Commission voted 3-2 in favor of the appellant and directed Staff to prepare a resolution
for approval at the next Planning Commission meeting; and,
WHEREAS, on August 25, 2009, the Planning Commission did not adopt a
Resolution and instead agreed to re-notice the item to allow additional public testimony;
and,
WHEREAS, on September 3, 2009, a notice of the hearing was published in the
Palos Verdes Peninsula News, and notices were mailed to the 72 interested parties that
submitted a letter and/or signed a petition in reference to the appellant's request. Further,
the public was notified via an electronic mail message to those registered on the City's
listserve for the "Point View"Development project proposed for the same property as the
proposed "Event Garden"; and,
WHEREAS, on September 22, 2009, the Planning Commission held a hearing on
Case No. ZON2009-00146, a Director's Interpretation, at which time all interested parties
were given an opportunity to be heard and present evidence;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: A Conditional Use Permit application cannot be accepted for use of the
Point View property or other Residentially Zoned property to conduct a commercial
enterprise whereby Residentially zoned property is used by a person or organization that is
not the property owner for the purpose of renting the property to conduct events, meetings,
parties or other similar commercial activities on an on-going basis.
Section2: According to the City's Development Code, "the purpose of the single-
family residential district (RS) is to provide for individual homes on separate lots...and to
provide for other uses that are associated and compatible with residential uses designated
in this title." The City's Development Code lists specific uses that are allowed and
conditionally allowed on Residentially zoned property(Chapter 17.02); and also allows for
commercial filming through a film permit, and temporary events through a Special Use
Permit. In light of these specified uses and the purpose and intent of the single-family
residential district,the proposed Event Garden is a commercial use that does not qualify as
a permitted or conditionally permitted use in the Single-Family Residential zone.
Section 3: Although churches, City parks, and the Trump National Golf Course
rent their facilities for weddings, receptions, fund raisers, private parties, etc., there are
differences among these properties. Churches and City parks have different zoning
designations (i.e., Institutional and Open Space, respectively) and these properties are
improved with structures that were designed to accommodate those permitted uses and
activities; thus, the events that are held at these properties are deemed to be ancillary
P.C. Resolution No. 2009-41
Page 2
uses. In contrast, the Point View property is a parcel that is not developed with a primary
residential use (i.e., a single-family residential structure), which would result in the
proposed "Event Garden" activities being the primary uses that are conducted outdoors
and thereby are inconsistent with the purpose of the Single-Family Residential District.
Section 4: The underlying zoning of the Trump National Golf Course is
Residential; however, the property is developed with a conditionally permitted use (i.e., a
golf course and ancillary clubhouse). The clubhouse was specifically designed to
accommodate gatherings of people, and is subject to conditions that eliminate impacts
upon adjacent residential properties from such gatherings and events. Thus,the renting of
the clubhouse facility for private parties,weddings, and receptions is considered a use that
is ancillary to the property's conditionally permitted primary golf course use. Further,
Special Use Permits have been issued to the Trump National Golf Course property to
conduct larger outdoor temporary events, such as the Concours d' Elegance.
Section 6: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Chapter 17.80 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and
with the appropriate appeal fee, no later than October 7, 2009.
Section 7: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby upholds Case No. ZON2009-00146, an Interpretation Procedure
establishing that a Conditional Use Permit application cannot be accepted for use of the
Point View property or other Residentially Zoned property to conduct a commercial
enterprise whereby Residentially zoned property is rented for use by a person or
organization that is not the property owner for the purpose of conducting events, meetings,
parties or other similar commercial activities on an on-going basis; rather, a Special Use
Permit can be submitted for certain of the proposed "Event Garden" noncommercial uses
as they occur.
P.C. Resolution No. 2009-41
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PASSED, APPROVED, and ADOPTED this 22nd day of September 2009 by the
following roll call vote:
AYES: Knight, Lewis, Perestam, Tetreault, Tomblin
NOES: Gerstner, Ruttenberg
ABSTENTIONS: None
ABSENT: None
RECUSALS: None
Jeff` e s
j Chairman
�Ic
Joel Rous AICP
Direct rof Planning wilding and
Code of rcement; and, Secretary
to the P anning Commission
P.C. Resolution No. 2009- 41
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