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CC RES 1988-037RESOLUTION NO . 88 - 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 198 FOR A PARKING REDUCTION FOR THE EXISTING NONCONFORMING COMMERCIAL USE AT 28041 HAWTHORNE BOULEVARD. WHEREAS, Mr. Paul Lupo has requested a variance from the parking requirements of the Development Code to reduce the amount of required parking spaces from 48 to 44 at an existing commercial project at 28041 Hawthorne Boulevard; and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing was held before the Planning Commission on April 26, 1988, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, the Planning Commission denied the request for the variance for the parking reduction and such denial was appealed to the City Council by Mr. Lupo. WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing to consider the appeal filed by Mr. Lupo was held before the City Council on June 21, 1988, at which time all interested parties were given an opportunity to be heard and present evidence; NOW THEREFORE , THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That there are exceptional or extraordinary circumstances applicable to the property which do not apply generally to other property in the same zoning district, since, although the current zoning and land use designations are for residential use, the site was legally developed under the commercial development standards of the County of Los Angeles; therefore, site development is not in conformance with either the residential or the commercial development standards of the City. Section 2: That the variance is necessary for the preservation and enjoyment of a substantial property right of the landowner, since strict compliance with current city parking standards for the project site would preclude the use of 1000 net leasable square feet of the existing building. Section 3: That the granting of the variance will not be materially detrimental to the public health, safety, and welfare, since sufficient off -site and on-street parking is available to accommodate full use of the site and that such parking would not interfere or be visually obtrusive to any residential use in the area since it would occur on a major arterial street or on property with existing commercial use. Section 4: That the granting of the variance will be consistent with the general plan if general plan amendment no. 16, re- designating the project site for commercial use, is adopted. Section 5: For the foregoing reasons, the City Council of the City of Rancho Palos Verdes hereby approves Variance No. 198 subject to the conditions in Exhibit 'A' attached hereto, said conditions being necessary for the protection of the public health, safety, and welfare. PASSED, APPROVED, AND ADOPTED this 21st day of June, M ATTEST: C 'if y Clerk State of California County of Los Angeles ) ss City of Rancho Palos Verdes I, JO PURCELL , City Clerk of the City of Rancho . Palos Verdes, hereby certify that the above Resolution No. 88- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 21, 1988. Resolution No. 88- 37 EXHIBIT A Conditions of Approval for Variance No. 198: 1. This variance shall not be effective unless general plan amendment no. 16 and zone change no. 15, re- designating the project site for commercial use, are approved by the City Council. If the City Council has not acted on the general plan amendment and zone change by December 21, 1988, then this variance shall be null and void. 2. The parking lot on the project site shall be re- configured within 60 days of the approval of this variance to provide at least 44 parking spaces of a design that is consistent with the parking space dimension standards contained in Specific Plan III. The lay -out of the parking lot shall substantially conform to the lay -out attached to the June 21, 1988 report to the City Council* Two parking spaces reserved for the handicapped shall be provided. 3. A landscape plan for the perimeter planting areas shall be submitted to the Director of Environmental Services for review and approval within 60 days of variance approval. Such landscape plan shall be fully implemented within 60 days of the Director's approval. All landscaping shall be maintained in a healthy, attractive manner through proper watering and maintenance. Resolution No* 88-37 Pa-e 3