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PC RES 1988-04210 0 P.C. RESOLUTION NO. 88 - 42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 189 TO ALLOW MORE THAN ONE DWELLING UNIT PER LOT AND TO WAIVE THE REQUIREMENT FOR ENCLOSED, TWO CAR GARAGES FOR FOUR DWELLING UNITS AT 100 VANDERLIP DRIVE. WHEREAS, Elin Vanderlip has requested a Variance to waive the requirements of Section 17.02.020 (A) of the Development Code in order to legally establish eleven (11) dwelling units on her 11.42 acre parcel, and to waive the requirement of Section 17.02.030 of the Development Code for enclosed two garages for four dwelling units at 100 Vanderlip Drive; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing was held on June 28, 1988, 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 there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district, since the property, now within a single family residential zoning district within the landslide moratorium area, was originally developed in the 1920's as an estate for multiple occupancy as evidenced by the construction of a primary residence and a number of detached guest cottages, servants' quarters, and storage/service areas. Further, the size of the site ensures that all parking for residents of the site can be accommodated on the property. Section 2: That such 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 the City's present development regulations would limit the number of dwelling units on the site to one per lot, not taking into consideration the unique estate style of development that originally existed on this site in the 1920's and continues to the present time. Relief from the present standards is necessary to preserve the applicant's ability to maintain the property as an estate with multiple habitable structures and dwelling units and to eliminate the requirement to construct new garages for parking within the landslide moratorium area, where construction of new buildings is prohibited or strictly regulated due to the potential geologic hazard within the area. Section 3: That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located since conditions of approval have been prepared, with the cooperation of responsible public agencies and City Departments, which would ensure that any material detriment to the public welfare and to property and improvements in the area is avoided. Section 4: That the granting of such a variance will not be contrary to the objectives of the General Plan since the proposed development would conform to the one unit per acre density established by the General Plan and the proposed conditions of approval for this variance would ensure that the existing development would be made to comply with current health, safety and building regulations thereby substantially reducing existing environmental impacts caused by the current use of the site. Section 5: Therefore, for the foregoing reasons, the applicant's request for a variance to legally establish not more than 11 dwelling units on her lot and to waive the requirement for enclosed, two car garages for four dwelling units is hereby approved pursuant to the conditions in attached Exhibit 'A' necessary for the protection and preservation of the public health, safety and welfare. PASSED, APPROVED, and ADOPTED on this 12 th day of July, 1988. 0ei:9t Be rd, Director of Environmental Services and Secretary to the Commission Leo J. (CPnnolly Chairman P.C. Resolution No. 88 - 42 Page 2 0 EXHIBIT 'A' • Variance No. 189 Conditions of Approval 1. Eliminate cooking facilities at unit numbers 2, 5, & 6 (as shown on the attached site plan) within ninety (90) days of variance approval. 2. Satisfy all fire safety/prevention requirements imposed by the fire marshall ( i.e. hydrants, sprinklers, smoke/heat detectors, access) within ninety (90) days of variance approval. 3. Sign and submit a "Hold Harmless" agreement for recordation by the City within ninety (90) days of variance approval. Such agreement shall hold the City harmless and provide for the indemnification of the City for any legal expenses or liability that may result in connection with the approval of this variance. 4. Sign and submit a covenant prohibiting any future construction or development unless written approval from the Director of Environmental Services is obtained and a determination is made by the City that such construction or development is in accordance with all applicable City regulations. 5. Maintain the property and all structures in compliance with all applicable City ordinances and regulations and in a manner that does not create a public nuisance. 6. Obtain building permits and final building approval for all unpermitted structures (unit numbers 2, 5, & 7) and for all unpermitted cooking facilities ( unit numbers 1, 3, 4 & 7) within ninety (90) days of variance approval. 7. Either obtain all required City and County approvals for the private on-site sewage disposal system or, if such approvals cannot be obtained, install a new on-site sewage disposal system that meets all City and County requirements, within one year of variance approval. 8. Install not more than two (2) dewatering wells on-site, at a cost not to exceed $25,000.00, and provide accompanying access and use easements as specified by the Executive Director of the City Redevelopment Agency, within ninety (90) days of written notification that such wells have been determined to be necessary by the City's geotechnical consultant. 9. Submit an irrevocable offer to join sewer districts affecting the property within ninety (90) days of variance approval. 10. Provide easements or irrevocable offers of easements, as required by the Director of Public Works, for drainage and sewer purposes across the property (including, but not limited to those portions of adjacent private roadways and Altamira Canyon that are on the subject property) within ninety (90) days of variance approval. 11. Bring the wall opposite 99 Vanderlip Drive into compliance with all applicable Building and Development Code provisions within ninety (90) days of variance approval. 12. Sign and submit an agreement stating that all of the above conditions are understood and agreed to within 16 days of final variance approval or this variance will be void. 13. Submit a dimensioned, scaled site plan, prepared by a licensed surveyor or civil engineer, showing all structures and property lines, within ninety (90) days of variance approval. 14. Allow City staff to enter the site within ninety (90) days of variance approval for the purpose of photographing and/or videotaping the exterior of each structure to establish a visual record of existing development.