CC RES 1988-072RESOLUTION NO. 88 - 72
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO, 189 ALLOWING ELEVEN DWELLING
UNITS AND WAIVING THE REQUIREMENT FOR
ENCLOSED, TWO CAR GARAGES FOR FOUR DWELLING
UNITS, AT 100 VANDERLIP DRIVE.
WHEREAS, E1in 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 f our dwelling
units at 100 Vanderllp Drive; and
WHEREAS, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Development Code, the Rancho Palos Verdes
Planning Commission conducted a public hearing on June 28, 1988,
at which time all interested parties were given an opportunity to
be heard and present evidence; and
WHEREAS, on July 12, 1988 the Rancho Palos Verdes Planning
Commission adopted P.C. Resolution No. 88 -42 conditionally
approving Variance No. 189 pursuant to the evidence and testimony
presented at said public hearing; and
WHEREAS, on July 26, 1988, the applicant appealed the
conditions of approval imposed by the Planning Commission to the
City Council; and
WHEREAS, on October 4, 1988 and November 1, 1988 the Rancho
Palos Verdes City Council conducted a public hearing to consider
Variance No. 189 "de novo" 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 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: That the project is categorically exempt (Class 1,
2, 3) from the requirements of the California Environmental
Quality Act.
Section 6** 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,
19880 PASSED, APPROVED, and ADOPTED on this 15th day of November,
-Z
Ma o
Resolution No. 88 - 72
Pa a-e 2
ATTEST.
City Clerk
State of California
County of Los Angeles ss
City of Rancho Palos Verdes
Ir JO PURCELLF City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 88-72 was duly and
regularly passed and adopted by the said Cit Council at a regular
meeting thereof held on November 15, 988.
; 7AI,
City Clergy k City of Rancho Palos Verdes
9
Resolution No. 88 - 72
Page 3
EXHIBIT "A"
Variance No. 189 Conditions of Approval
1. Eliminate cooking facilities from three dwelling units so that
not more than 11 dwelling units remain on the project site
within ninety (90) days of variance approval,
2. Satisfy all fire safety/prevention code requirements imposed by
the Los Angeles County Fire Department ( i.e. hydrants,
sprinklers, smoke/heat detectors, access) within ninety (90)
days of variance approval.
3. Sign and submit
the City within
agreement shall
indemnification
that may result
variance,
a "Hold Harmless" agreement for recordation by
ninety (90) days of variance approval. Such
hold the City harmless and provide for the
of the City for any legal expenses or liability
in connection with the approval of this
4. Sign and submit a covenant prohibiting any future construction
or development, requiring a building permit, 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
remaining unpermitted cooking facilities within ninety (90)
days of variance approval. Bring the stairway in unit number 2
into compliance with the Building Code within ninety (90) days
of variance approval unless, by said date, the City Council has
decided to establish a Building Appeals Board pursuant to
Sections 206 and/or 9906 of the Building Code. If the City
Council creates such a Board, applicant shall submit, within
thirty (30) days of request of the City, a request to said
Board to approve the existing stairway as an acceptable
alternative pursuant to Section 206 and/or 9906 of the Building
Code. Applicant shall comply with the determination and
requirements of said Board within thirty (30) days of the
Board's decision* The decision of the Board will be final,
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,,
Resolution No. 88 - 72
Page 4
8. Submit an irrevocable offer to join sewer districts affecting
the property within ninety (90) days of variance approval.
9. Provide easements or irrevocable offers of easements as
required by the Director of Public Works, for drainagFe, de-
watering, and sewer purposes across the property (includin
but not limited to those g,
portions of adjacent private roadways
and Altamira Canyon that are on the subject property) within
ninety (90) days of variance approval.
10. Bring the wall opposite 99 Vanderlip Drive into compliance
with all applicable Building and Development Code provisions
or apply for a minor exception permit within ninety (90) days
of variance approval. If the minor exception permit is
denied, the applicant shall bring the wall into compliance
with all applicable Building and Development Code provisions
within ninety ( 90 ) days of said denial.
11. Sign and submit an agreement stating that all of the above
conditions are understood and agreed to within 30 days of
final variance approval or this variance will be void.
12. Submit a surveyed, dimensioned, site plan (at a scale of one
inch equals 50 feet) approved by a licensed surveyor or civil
engineerlr, showing all structures and property lines, within
ninety (90) days of variance approval.
13. 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.
14. The maximum residential density on the site shall not exceed
the residential density allowed by the zoning for the site.
15. Within ninety (90) days of request by the Rancho Palos Verdes
Redevelopment Agency, the applicant will ' the Agency to
install, at its expenser rain gutters, downspouts, and related
drains and will sign a covenant to maintain all such
improvements,
Resolution No. 88 - 72
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