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PC RES 1997-034P.C. RESOLUTION NO. 97-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 418 TO ALLOW PARCELS WITH LOT WIDTHS BELOW THE MINIMUM STANDARD SET FORTH IN THE MUNICIPAL CODE FOR COMMERCIAL PROPERTY LOCATED AT 28300 AND 28326 WESTERN AVENUE. WHEREAS, on January 10, 1997, Robert Sylvor submitted applications for Tentative Parcel Map No 24634, Variance No. 418, and Environmental Assessment No 693 in order to subdivide an existing commercial parcel at the southeast corner of the intersection of Western Avenue and Westmont Dave into two lots; and, WHEREAS, the project site is fully developed with two commercial buildings and associated parking, access, and landscaping, and, WHEREAS, the proposed Variance No 418 and associated Tentative Parcel Map No 24634 will not result in any modification to the existing site improvements, and, WHEREAS, the lots of the proposed Parcel Map do not comply with the Municipal Code requirements for parcels of land within the CG (commercial general) zoning district with respect to minimum lot widths; and, WHEREAS, a Variance is required to approve the lots as proposed in the associated Tentative Parcel Map No. 24634; and, WHEREAS, a Draft Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and, WHEREAS, after issuing notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines, the Planning Commission of the City of Rancho Palos Verdes held a public hearing on June 24, 1997 at which time all interested parties were given an opportunity to be heard and present evidence, and, WHEREAS, the Planning Commission of the City of Rancho Palos Verdes adopted Resolution No 97-33, adopting a Negative Declaration for this project, NOW, •• PLANNING COMMISSIONOF OF RANCHO "PALOS VERDESFINDS,• FOLLOWS Section 1: 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 in that two distinct commercial buildings exist on one parcel which precludes the sale of only one of the structures, and also that subdivision of the property into lots with widths below the minimum code requirements will not result in any change to the existing development on the project site; and, Section 2 A 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, in that the variance and ensuing subdivision are necessary to allow the owner to sell a viable portion of an existing commercial center while retaining ownership of an equally viable remaining portion of the subject property, which is a right enjoyed by other property owners of commercial property which is developed with a single commercial structure; and, Section 3: The granting of a 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, in that no change to the existing development will occur, and, Section 4: The granting of such a variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan, in that the overall commercial center is consistent with the commercial General Plan Land Use designation, and that this project will not result in any change to the existing center, and that the project site is not located within the Coastal Specific Plan area and is therefore not subject to the requirements therein; and, Section 5. Based upon the facts contained in this Resolution, in the Staff Report and other components of the legislative record, in the proposed Negative Declaration, and in the public comments received by the Commission, the Planning Commission hereby approves Variance No. 418 to allow for subdivision of an approximately two (2) acre site into two (2) 40,000 square foot commercial parcels with widths less than those required by the Municipal Code PASSED, APPROVED, and ADOPTED this 24th day of June, 1997 by the following roll call vote: AYES Whiteneck, Ng, Cartwright, Clark NOES None i ABSENT* Vannorsdall, Alberio, Slayden PC RESOLUTION NO 97-34 PAGE 2 OF 3 "M FOR I We 0 1 A F�7W-Mi'7*L!. Us IMonald E. Vannorsdall -Chairman Carolynn PeWu Director of Planning, Building, and Code Enforcement; and, Secretary to the Planning Commission PC RESOLUTION NO 97-34 M'kUSERSIDAVIDS\WPWN601PM246341PC-VAR.RES PAGE 3 OF 3