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PC RES 1979-003RESOLUTION P.C. NO. 79-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES GRANTING CONDITIONAL USE PERMIT NO. 35 AND VARIANCE NO. 25 FOR CONSTRUCTION OF AN OFFICE BUILDING AND RELATED IMPROVEMENTS IN A COMMERCIAL PROFESSIONAL ZONE WHEREAS, Matt Brunning has requested a conditional use permit and variances for the construction of a professional office building consisting of one structure and appurtenant parking located on the north side of Silver Spur Road, a portion of lot 38, L.A.C.A. No. 51 AMB, in a Commercial Professional zone; and WHEREAS, proper notice was made pursuant to the provisions of the City's Development Code and public hearings were held on May 9, 1978, June 27, 1978, January 23, 1979, and February 13, 1979, 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: That the proposed use is permitted in a Commercial Professional zone, subject to the issuance of a conditional use permit. Section 2: That the site is served by Silver Spur Road, a fully improved street, which is designed to carry the type and quantity of traffic generated by the proposed use. Section 3: That the subject use, with safeguards and conditions imposed by this permit, will cause no significant adverse effects to adjacent properties or the permitted uses thereof. Further, the Planning Commission does hereby declare that a negative declaration was granted in compliance with City and State guide- lines and that the Commission has reviewed and considered the contents of the Initial Study in reaching its decision. The Planning Commission further finds that the approval of this Conditional Use Permit will not result in a significant adverse environmental impact. Section 4: That the subject use is not contrary to the General Plan, which designates the site as appropriate for the approved use. Section 5: That given the project's location, design, adjacent uses, and lot configuration and size, the site is adequate to accommodate the proposed use, subject to approval of variances which allow a reduction in the Code required 73 parking spaces to 36 spaces, a reduction to the front setback from the required 20 feet to 8 feet, and parking stalls to encroach into a required landscape area. Section 6: In approving the parking variance, the Planning Commission finds as follows: A. That there are exceptional or extraordinary circumstances or conditions applicable to the subject property, or to the intended use of the property, which do not apply generally to other property in the same zoning district since this property has such severe site constraints. B. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is possessed by other property owners under like conditions in the same zoning district since it has been found that Development Code parking requirement for this facility is excessive and does not accurately reflect normal commercial professional activities, since medical/ dental uses are prohibited, as established in the Covenants, Conditions, and Res- trictions. C. That given the development patterns within the area, the structure's orientation and location within a commercial professional district, the granting of the variance will not be significantly materially detrimental to the public welfare or injurious to property and improvements in the surrounding area. D. That the intended use is not contrary to the General Plan. Section 7: In approving the landscape and setback variances, the Planning Commission finds as follows: A. That there are exceptional or extraordinary circumstances or condi- tions applicable to the subject property, or to the intended use of the property, which do not apply generally to other properties in the same zoning district since this site is severely constrained by natural features. B. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in --the same zoning district because of site and parking constraints. C. The granting of the variances would not be significantly materially detrimental to the public welfare or injurious to property and improvements in the surrounding area since adequate visibility has been maintained on adjacent roadways and the intersection is properly controlled. D. That the granting of the variance is not contrary to the General Plan. Section 8: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby grants approval of Conditional Use Permit No. 35 and Variance No. 25 subject to the conditions found in Exhibit "A", which are necessary to protect and preserve the health, safety, and general welfare in the area. APPROVED and ADOPTED this 13th day of February, 1979. verector or vianning Page Two Resolution P.C. No. 79-3 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 35 AND VARIANCE NO. 25 ARE APPROVED SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. This approval expires twelve (12) months from the date of approval unless build- ing permits have been applied for. 2. All final site, building, landscaping, irrigation, lighting, and grading plans shall be approved by the Director of Planning prior to issuance of any construc- tion permits. 3. All signs, as defined by the City's Development Code, will be subject to the provisions of Chapter 6, Part 7, of the Code. 4. The grading plan must be approved by the Engineering Geology Division of the County of Los Angeles. 5. This project requires the construction of a buttress fill to stabilize the exist- ing slope. The developer shall fully comply with all recommendations of the project geologist as approved by the County Geology Division. Further, the developer shall post a bond with the City Engineer in an amount to be determined by the City Engineer for the construction of the buttress fill pursuant to all approved plans and specifications. The bond shall remain in effect for one full year after final approval of tfie'huttress fill. 6. Prior to grading approval the developer shall file a "hold harmless" statement with the City and County for all work done in conjunction with the buttress fill. 7. Drainage plans and support documents must be approved by the City Engineer. 8. The development shall be served by sewers pursuant to the City Engineer's speci- fications. 9. The owner shall be responsible for proper maintenance of improvements including landscaping. 10. No occupancy permit shall be granted until such a time as the Director of Planning has determined that all improvements, including landscaping, have been properly installed according to approved plans. 11. Prior to approval of building plans, final building materials must be approved by the Director of Planning. 12. Prior to approval of building plans, the developer shall post a bond or other acceptable security for any improvements necessary to bring one-half of Silver Spur Road (to the centerline) up to the standards identified by the street ,standards study and as determined by the Public Works Director. 13. Any significant changes to the plan (to be determined by the Director of Planning) shall be subject to the conditional use permit process. 14. The developer shall file with the City a recorded copy of C6venants;-.Conditions, and Restrictions which shall include but not be limit&d to a statement which prohibits medical/dental offices within the approved structure. 15. Prior to issuance of a building permit environmental excise tax in the amount of thirty-two (32) cents per square foot of gross building area, not including park- ing, shall be paid to the City. 16. The developer shall file a statement, in writing, with the City within thirty (30) days of this approval, that he has read and understands the conditions herein im- posed on this project. Resolution P.C. No. 79- 3