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Rancho Palos Verdes CITY OF RANCHO PALOS VERDES MEMORANDUM TO: CHAIRMAN & MEMBERS Of THE PLANNING COMMISSION fROM: JOEL ROJAS, DIRECT NNING, BUILDING & CODE ENFORCEME DATE: SEPTEMBER 22, 200 SUBJECT: REQUEST fOR HEARING ON INTERPRETATION PROCEDURE (CASE NO. ZON2009-00146) FOR RESIDENTIAL ZONED PROPERTY CiTYWIDE; Applicant: Gary Weber, representing property owner Point View Properties Associates ~ Project Manager: Eduardo Schonborn, AICP, Senior Plann~"'" RECOMMENDATION: Adopt P.C. Resolution No. 2009-_, upholding the Director's Interpretation that the leasing of Residentially zoned property to outside private entities to conduct private parties, weddings, receptions, charity events and the like is not a use allowed by right or by approval of a conditional use permit. DISCUSSION On August 11, 2009, the Planning Commission considered a hearing request on the Director's Interpretation (Case No. ZON2009-00146) that the leasing of Residentially zoned property for private parties, receptions, and other events by outside groups is not a use allowed by right or a use allowed by a conditional use permit in residential zoning districts. After considering public testimony and assessing the Director's Interpretation, the Planning Commission reversed the Director's Interpretation, thereby determining that the proposed use is a conditionally allowed use in an RS Zone on a 3-2 vote (Chairman Lewis and Commission Perestam dissenting, and Commissioners Knight and Tetreault absent). Since a resolution reversing the Director's Interpretation was not part of the August 11 th report, the Planning Commission directed Staff to prepare the appropriate Resolution for Page 1 Memorandum: Request for Hearing on Interpretation Procedure Case No. ZON2009 a 00146 September 22. 2009 adoption as part of the Consent Calendar for the next scheduled Planning Commission meeting of August 25, 2009. During the August 25th meeting, however, members of the public and some Commissioners requested that the item be re-noticed and the hearing be re-opened to allow for additional public input and Commission discussion. Thus, the Planning Commission agreed to re-notice the item to allow additional public testimony on a 4-3 vote (Commissioners Perestam, Ruttenberg, and Tomblin dissenting). Staff noted that the item would be re-noticed for the Planning Commission's September 22nd meeting. In preparation for the September 22nd meeting, Staff published a notice of the hearing in the Palos Verdes Peninsula News and mailed notices to the 72 interested parties that submitted a letter and/or signed a petition in reference to the appellant's request. Further, Staff notified the public of this Request via an electronic mail message to those registered on the City's Iistserve for the "Point View "Development project proposed for the same property as the proposed "Event Garden", DISCUSSION For the benefit of the two Planning Commissioners who were absent from the August 11, 2009 Planning Commission meeting, as well as members of the public who were not present at the meeting, Staff has attached the August 11 th Staff Report and accompanying draft Minutes. As noted, Staff's recommendation is to uphold the Director's Interpretation that the leasing of residentially zoned property for private events by outside groups is not a use allowed by right or by a conditional use permit. Since the Planning Commission agreed to re-open the hearing on the matter and no new information has been submitted by the applicant, Staff's recommendation on the matter has not changed. As a result, Staff is continuing to recommend that the original Interpretation on the matter be upheld. ADDITIONAL INFORMATION PUBLIC COMMENTS: All public comments distributed to the Planning Commission at the August 25th meeting along with all correspondence received since the August 25th meeting are attached, including correspondence from the applicant. INFORMA nON ON EQUESTRIAN USES: Since the August 22nd Planning Commission meeting, questions were raised regarding the Ride-to-Fly and Pony Club uses that currently operate on Residentially zoned property within the Portuguese Bend community, and whether these two uses operate under Conditional Use Permits. It is important to note that while these two uses do operate on Residentially zoned property, a conditional use permit in not required because these properties are within the Equestrian Overlay Control district, where such equestrian uses Page 2 Memorandum: Request for Hearing on Interpretation Procedure Case No. ZON2009 a 00146 September 22. 2009 are allowed without a conditional use permit. Specifically, this Overlay district allows such equestrian uses to operate through a Conditional Large Domestic Animal Permit that is initially reviewed by the Equestrian Committee and subsequently approved by the City Council. Thus, a Conditional Use Permit is not necessary. As such, on October 17,2000, the City Council approved Conditional Large Domestic Animal Permit No. 2 for the operation of a therapeutic riding program by"Ride-to-Fly". Further, on June 5,2001, the City Council approved Conditional Large Domestic Animal Permit No.5 for operation ofthe Pony Club, which includes the keeping of 17 horses, conducting riding lessons, and training and educational programs on a 13.78-acre vacant site located at the southwest corner ofthe intersection of Peppertree Drive and Pomegranate Road. 1 It is also important that these uses are operated by non-profit organizations, unlike the for-profit commercial venture that the applicant proposes. LANDSLIDE MORATORIUM ISSUE: Ifthe Director's interpretation is ultimately overturned and the Planning Commission agrees that the applicant's proposed use may be permitted with approval of a conditional use permit, the applicant will have the opportunity to submit a conditional use permit application for consideration by the Planning Commission. However, it should be noted that a portion of the applicant's Point View property, including the area of the "Event Garden", is located within the City's landslide moratorium. In reviewing the City's current Moratorium Ordinance, Staff does not believe that there is an exception category that would allow the applicant or any owner of Residentially-zoned property within the moratorium to submit a conditional use permit application for an "Event Garden" type use. Thus, notwithstanding the Director's Interpretation being overturned, the applicant could only submit a conditional use permit to allow the proposed "Event Garden" use on property outside the landslide moratorium. CONCLUSiON There has not been any new evidence submitted to Staff to warrant a change in the Director's Interpretation. As a result, Staff recommends that the Planning Commission adopt the Resolution which supports the Director's Interpretation regarding the proposed use of offering Residentially zoned property for rent to private entities to conduct private parties, weddings, receptions, charity events and the like. 1 At one time, the Pony Club used a portion of the applicant's "Lower Filiorum" property at the west end of Narcissa Drive for jumping and other active equestrian uses. However, the Pony Club vacated this property at the property owner's request sometime in the late 1990s. As a result, the Pony Club applied for and received approval for Conditional Large Domestic Animal Permit NO.5. Page 3 Memorandum: Request for Hearing on interpretation Procedure Case No. ZON2009 R 00146 September 22, 2009 ALTERNATIVES In addition to Staff's recommendation, the following alternative actions are available for the Planning Commission's consideration: 1. Overturn the Director's Interpretation, thus finding that said use could be allowed on Residentially-zoned properties with approval of a conditional use permit. A Resolution reflecting this action has been prepared and is attached for the Planning Commission's consideration; or, 2. Identify any issues of concern with the applicant's request for Staff to research further, and continue the item to a future specified date to continue discussion. Attachment: It PC Resolution upholding the Director's Interpretation & PC Resolution overturning the Director's Interpretation e Memorandum dated August 11, 2009, with related attachments It August 11,2009 Draft Planning Commission Minutes (excerpt) €II Public Comments Page 4 PC RESOLUTION UPHOLDING THE DIRECTOR’S INTERPRETATION Page 5 P.C. RESOLUTION NO. 20099 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE DIRECTOR'S INTERPRETATION THAT A CONDITIONAL USE PERMIT APPLICATION CANNOT BE ACCEPTED FOR THE USE OF THE POINT VIEW PROPERTY OR OTHER RESIDENTIALLY ZONED PROPERTY TO CONDUCT A COMMERECIAL ENTERPRISE WHEREBY RESIDENTIALLY ZONED PROPERTY IS USED 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 ON9GOING 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,
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