Rancho Palos Verdes Municipal Code § 17.12.090 Development standards for conversions

The commercial districts provide for the development and uses involving the retail sale of goods, the provision of services to the public, and office functions. Five districts have been created in order that the site, intensity, type of use and location can be controlled and made consistent with the objectives and locations designated by the general plan of the city. This chapter ensures that commercial districts will promote high-quality developments with regard to the objectives and intent of the general plan and that the adverse effects of the erection, addition or alterations to buildings or structures are prevented by giving proper attention to siting, lighting, landscaping, design and view obstruction.

(Code 1981, § 17.12.010; Ord. No. 78(part), 1975; Ord. No. 187, § 4, 1984; Ord. No. 320, § 7(part), 1997)

The uses and types of development permitted in the commercial districts are described in chapters 17.14 (Commercial Limited (CL) District) through 17.22 (Commercial Recreational (CR) District) of this title. Approval shall be given upon the finding that such use or development is clearly within the intent of this chapter and the description of uses and development permitted in the district and will be compatible with other permitted uses in the district. Any construction on vacant or undeveloped property in any commercial zone is subject to approval of a conditional use permit, as per chapter 17.60 (Conditional Use Permits). Any conditional use permit issued for a project located in the coastal specific plan district must be consistent with the coastal specific plan.

(Code 1981, § 17.12.020; Ord. No. 78(part), 1975; Ord. No. 234, § 8, 1988; Ord. No. 250, § 8, 1990; Ord. No. 320, § 7(part), 1997)

Notwithstanding any other provision of this Code, "commercial marijuana activities," as that term is defined in section 17.96.445 (Commercial marijuana activities), are prohibited in all commercial districts in the city.

(Code 1981, § 17.12.025; Ord. No. 600U, § 3, 11-8-2017)

The following standards shall apply to all commercial districts, unless specified otherwise within the district regulations:

A. Building height. Commercial buildings erected in the city shall have a height not greater than 16 feet and shall not exceed one story, except with the approval of a conditional use permit, as per chapter 17.60 (Conditional Use Permits).

B. Storage. With the exception of outdoor uses permitted by a conditional use permit, as per chapter 17.60 (Conditional Use Permits), and/or a special use permit or temporary vendor permit as per chapter 17.62 (Special Use Permits), all goods, wares, merchandise, produce and other commodities shall be housed in permanent, entirely enclosed structures, unless being transported.

C. Transportation demand management development standards. Commercial development shall be subject to the applicable transportation demand and trip reduction measures specified in section 10.28.030 (Transportation Demand and Trip Reduction Measures) of this Code. Any transportation demand or trip reduction measures required pursuant to section 10.28.030 (Transportation Demand and Trip Reduction Measures), shall be implemented in accordance with all applicable standards and specifications of this title.

D. Lighting. All exterior lighting shall conform to the standards specified in chapter 17.56 (Environmental Protection).

E. Roof equipment. All roof equipment shall conform to the height limits specified in chapter 17.48 (Lots, Setbacks, Open Space Area and Building Height) and shall be adequately screened from adjacent private properties and the public right-of-way.

F. Deliveries and mechanical equipment. Unless otherwise specified in an approved conditional use permit or other discretionary approval, all deliveries of commercial goods and supplies; trash pick-up, including the use of parking lot trash sweepers; and the operation of machinery or mechanical equipment which emits noise levels in excess of 65 dBA, as measured from the closest property line to the mechanical equipment, shall only be allowed on commercial properties which abut a residential district, between the hours of 7:00 a.m. and 7:00 p.m., Monday through Sunday.

G. The property development standards contained in table 12-A. Commercial standards shall apply to all land and structures in the commercial districts. For exceptions and explanatory description of these standards; for standards of fences, walls and signs; and for off-site improvement and dedication requirements, see articles VI (Use and Development Standards) and VII (Development Application and Review) of this title.

(Code 1981, § 17.12.030; Ord. No. 78(part), 1975; Ord. No. 187, § 5, 1984; Ord. No. 234, § 9, 1988; Ord. No. 250, § 9, 1990; Ord. No. 320, § 7(part), 1997)

A. Any expansion of an existing development involving either a new structure or an addition to an existing structure which creates at least 500 square feet of additional floor or usable area shall require the approval of a conditional use permit pursuant to chapter 17.60 (Conditional Use Permits). Expansions or additions of less than 500 square feet shall also require the approval of a conditional use permit, if the existing development is a nonconforming structure or a nonconforming use pursuant to chapter 17.84 (Nonconformities). Interior remodeling shall not require a conditional use permit, provided that no change or intensification of the existing use to a use which requires a conditional use permit results from the remodeling.

B. All expansions, additions and alterations are subject to the development standards specified in section 17.12.030 of this chapter, as well as to the standards in their respective base zoning districts. Expansions, additions and alterations involving nonconforming lots, uses or structures are also subject to the standards specified in chapter 17.84 (Nonconformities).

(Code 1981, § 17.12.040; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

All new commercial development shall be a part of an integrated, totally planned development. The developer of a proposed new development shall apply for a conditional use permit, pursuant to chapter 17.60 (Conditional use permits) and such developer's proposal shall be reviewed on its own merits for conformity with the development standards of section 17.12.030 of this chapter, the standards applicable to its respective district, and the other chapters of this Code. The development shall provide the following:

A. An efficient, convenient and safe vehicular access system to and from major and/or arterial streets;

B. An efficient, convenient and safe pedestrian and bicycle circulation system throughout the development;

C. A demonstrated need for the individual uses within the development related to the need based on the population of the service area;

D. Pedestrian access from neighboring areas;

E. Compatibility of architectural design with the character of the community; such design shall be subject to review by the planning commission; and

F. A sign program consistent with the provisions of section 17.75.040 (Sign Permit), which describes the personal signs, their relation to the structures and their location.

(Code 1981, § 17.12.050; Ord. No. 78(part), 1975; Ord. No. 150, §§ 6, 7, 1982; Ord. No. 320, § 7(part), 1997)

An application for commercial development shall include the following:

A. A detailed development plan of the project which shall include:

1. A site plan;

2. A preliminary floor plan, showing the estimated number of units and the square footage of each unit;

3. Elevation drawings, showing exterior treatments;

4. A parking plan, showing vehicular access, circulation, loading areas and the number of parking spaces is in conformance with the standards of chapter 17.50 (Nonresidential Parking and Loading Standards) and section 17.76.010 (Miscellaneous Permits and Standards);

5. A plan showing land uses of adjacent property; and

6. Calculations of area of common open space;

B. A detailed landscape plan indicating types and sizes of materials to be used and enclosed trash areas;

C. A detailed plan indicating the locations, types and maximum wattages of any exterior lighting fixtures which is in conformance with chapter 17.56 (Environmental Protection);

D. A copy of all covenants, conditions and restrictions, or other reciprocal agreement setting forth the occupancy and management policies for the project to be reviewed by the director and the city attorney;

E. A grading plan, as per section 17.76.040 (Grading Permit);

F. If applicable, calculations indicating the land area devoted to each proposed use in the planned commercial condominium development and its percentage of total area;

G. If applicable, a map indicating any proposed division of land within the commercial condominium development;

H. A time schedule for information purposes, indicating when construction is to begin, the anticipated rate of development and the approximate completion date, including the phases of construction; and

I. Any other drawings or information the director deems necessary to adequately consider the proposal.

(Code 1981, § 17.12.060; Ord. No. 150, § 8, 1982; Ord. No. 320, § 7(part), 1997)

A. Prior to the submission of an application for a conditional use permit for a commercial condominium development or stock cooperative, the applicant shall submit a concept plan for preliminary review by the director. The concept plan should include at least the following:

1. A schematic plan, showing in general terms the proposed uses, densities, types of units, open space, parking, extent of grading and landscaping; and

2. Preliminary calculations of the site areas, number of units and open space.

B. No decision will be made on the conceptual plan. However, the director shall provide comments and suggestions which may assist the applicant in developing more precise plans for formal submittal.

(Code 1981, § 17.12.070; Ord. No. 150, § 9, 1982; Ord. No. 320, § 7(part), 1997)

An application for a tentative map and conditional use permit for the conversion of existing commercial uses shall not be accepted, unless it conforms to the general plan and zoning regulations; and provided, that the proposed conversion will not delete a significant number of commercial units when reasonable replacement or equivalent units are not readily available in the area. The developer shall present satisfactory evidence that all requirements of the Subdivision Map Act (Government Code § 66410 et seq.) have been satisfied.

(Code 1981, § 17.12.080; Ord. No. 150, § 10, 1982; Ord. No. 320, § 7(part), 1997)

In addition to those requirements found described in section 17.12.070 of this chapter, an application for commercial condominiums or stock cooperative conversions shall include the following:

A. A description of the features of the type of building and project, including age, type of construction, the preliminary number of proposed separate units, the square footage of each unit and of the entire building;

B. A building component report prepared by an appropriately registered engineer which indicates the condition and estimated remaining useful life of the roof, foundation, plumbing, electrical, heating, air conditioning and other mechanical and structural systems;

C. A site plan, including buildings, structures, yards, open space and accessory storage areas, and including trash enclosures;

D. A history-of-occupancy report, including:

1. Rental rate history for the past five years;

2. Nature of existing business tenants and lengths of tenancy;

3. Proposed owners' association fees;

4. Names and addresses of all tenants; and

5. Any other information required by the planning commission to assist in the review of the project; and

E. A copy of the covenants, conditions and restrictions for the property.

Table 12-A. Commercial Standards

For exceptions and explanatory descriptions of these standards; for standards of fences, walls, hedges and signs; and for off-site improvement and dedication requirements, see articles VI and VII of this title. For a list of uses and development permitted in each commercial district (CL, CN, CP, CR and CG), see chapters 17.14 through 17.22.

;adv=pq; 1. The remainder may be used for parking, provided effective buffering and screening techniques are incorporated into landscaped area between the parking area and the street.

2. Buffering and screening techniques shall be utilized on the district boundary line, in order to mitigate the adverse impacts caused by adjacent incompatible uses.

3. No parking shall be allowed in this setback area.

4. The provisions of section 17.76.030 (Fences, Walls and Hedges) shall also apply.

5. No activity shall be permitted within this setback except as approved by the planning commission.

6. Where abutting street is a state highway, e.g., Western Avenue.

7. Minimum site area may be modified by the planning commission pursuant to a conditional use permit.

8. Parking requirements are set forth in section 17.22.040(D) of this title and chapter 17.50 (Nonresidential Parking and Loading Standards).

(Code 1981, § 17.12.090; Ord. No. 150, § 11, 1982; Ord. No. 320, § 7(part), 1997)