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PC RES 1981-032RESOLUTION P.C. NO. 8'..1-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF" RANCHO PALOS VERDES GRANTING CONDITIONAL USE PERMIT NO. 60 AND VARIANCE NO. 48 FOR CONSTRUCTION OF AN OFFICE BUILDING AND RELATED IMPROVEMENTS IN A COMMERCIAL PROFESSIONAL ZONE WHEREAS, Ray Quigley, Matt Bruning and Jerry Moss have requested a conditional use permit and variance for the phased construction of professional office -,buildings consisting of 58,750 square feet of net leasable area and appurtenant parking on a 16 acre site located on the north side of Silver Spur Road at Crossfield Drive of lot 28, 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 October 28, 1980, November 25, 1980, January 27, 1981, and February 10, 1981, 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 det-lare 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 (EA No. 385) 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 392 parking spaces to 235 spaces, and to permit a building height of 45 feet in lieu of the Code permitted 30 feet. 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 commerical 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 height 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 properties inthe 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. Since it has been found that Development Code height requirement for this commercial facility is too restrictive and does not accurately reflect normal commercial standards for this site. 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 no view obstruction would result with the additional height. D. That the granting of the Variance is not contrary to the General Plan. Since the variance would allow the building to- consolidate, thereby increasing the amount of open space between residential and commercial uses. Section 8: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby grants approval of Conditional Use Permit No. 60 and Variance No. 48 subject to the conditions found in Exhibit "A", which are necessary to protect and preserve the health, safety, and general welfare in the ares. APPROVED and ADOPTED this 10th day of February, 1981. Harvey Brown, Chairman Sanon W. Hightower Director=of Planning Page Two Resolution P.C. No. 81- 32 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 60 AND VARIANCE NO. 48 ARE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. This permit allows for the proposed project to be constructed in accordance with the approved phasing plan and expires three (3) years six (6) months from the date of approval unless building permits have been applied for, subject to the following conditions. 2. Prior to issuing building permits for any buildings proposed in phases 2, 3 and 4, the developer must complete all improvements of phase one except for the con- struction of said building within one year from the date of approval. 3. Improvements in phase one shall include grading the entire project, construction of retaining walls, construction of the drainage for the entire'§ixteen (16) acre site, landscaping the entire site (including temporary landscaping on undeveloped buildng pads), construction of the building proposed on the north- west corner of Crossfield Drive and Silver Spur Road and the parking area providing a minimum of 75 parking spaces. Prior to issuing an occupancy permit for said building the developer must complete all the above improvements'to the satisfaction of the Director of Planning. 4. All final site, building, lhndscaping, irrigation, lighting, and grading plans in accrodance with the phasing plan shall be approved by the Director of Planning prior to issuance of any construction permit. 5. All signs, as defined by the City's Development Code,will be subject to the provisions of Chapter 6, Part 7, of the Code. 6. The grading plan must be approved by the Engineering Geology Division of the County of Los Angeles. 7. The developer shall fully comply with all recommendation of the project geologist as approved by the County Geology Division. 8. Drainage plans and support documents must be approved by the City Engineer. 9. The development shall be served by sewers pursuant to the City Engineer's specifications. 10. The�owner-shall,be responsible for proper maintenance of improvements including landscaping. 11. No occupancy permit shall be granted for the individual buildings until such a time as the Director of Planning has determined that all improvements, including land- scaping, have been properly installed according to approved plans and the approved phasing plan. 12. Prior to approval of building plans, final building material must be approved by the Director of Planning. 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. That the applicant shall provide public improvments to Silver Spur Road to the satisfaction of the Director of Piiblic Works in Rancho Palos Verdes and the City of Rolling Hills Estates. The public improvements shall include the recommendations of the traffic study prepared by ASL Consulting Engineers on August 27, 1979. 1 15. The developer shall file with the City a recorded copy of Covenants, Conditions and Restrictions which shall include but not be limited to a statement which prohibits medical/dental offices within the approved structure prior to issuing buildng permits. 16. Prior to issuance of a building permit environmental excise tax in the amount of thirty-nine (39) cents per square foot of gross building area, not including parking, shall be paid to the City. Resolution P.C. No. 81-32 17. -Zhe developer shall file a statement, in writing,,:-aith the City within thirty (30) days of this approval, that he has read and understands the conditions herein imposed on this project. 18. That no further development of the entire sixteen acre site is permitted without approval of the Planning Commission. 19. That the developer shall replace,µrepair and maintain the existing drainage system for the entire sixteen acre site ('including the areas that are not proposed for development). 20. That the developer shall construct trash enclosures for all trash bins in accordance with City approved plans. 21. That the owner agree to maintain the hillside in a safe and proper manner and repair any damage to the hillside in a timely manner in accordance with an approved grading plan. Page Two Exhibit "A" Resolution No. 81-32 - (P.C.)