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