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PC RES 1989-032P.C. RESOLUTION NO. 89 - 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 227 FOR AN EXISTING RESIDENCE WITH A DOWNSLOPE HEIGHT EXCEEDING 30 FEET, A DIRECT ACCESS GARAGE AND A BRIDGE STRUCTURE THAT ENCROACH INTO THE 20 FOOT SETBACK, AND GRADING APPLICATION NO. 1216 FOR A 4 1/2 FOOT HIGH AND TWO 5 FOOT HIGH RETAINING WALLS AT 49 1/2 ROCKINGHORSE. WHEREAS, Shoban Paul has requested a Variance and Grading Application to allow an existing residence with a downslope height exceeding 30 feet, a direct access garage and a bridge structure that encroach into the 20 foot setback, and 9 foot high and 5 foot high retaining walls. WHEREAS, after notice pursuant to the City's Development Code, a public hearing was held on March 28, May 23 and June 13, 1989 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 since the lot is existing non -conforming and the average slope is 58.5% and the original Grading application for the property was approved in accordance with the 1982 Rancho Palos Verdes Development Code. Section 2: That a Variance is necessary to preserve or allow the enjoyment of a substantial property right of the applicant which is possessed by other property owners under similar conditions in the same zoning district, since it would be difficult to develop the lot within the Code limitations due to the extreme slopes. 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 whish the property is located, since the retaining walls which would be required to bring the property into conformance would require much grading and greatly disturb the slope. Section 4: That the granting of the Variance will not be contrary to the objectives of the General Plan, since the existing residence minimizes disturbance to the slope and conditions placed on the approval will enhance the visual character of the area. Section 5: That the proposed retaining walls are contrary to the intent of the Grading Section 17.50.070 of the City's Development Code in that the grading is excessive beyond that necessary for the primary permitted use of the lot. Section 6: That the proposed retaining walls are contrary to the intent of Section 17.50.090 A of the City's Development Code in that the proposed work would cause unnecessary and excessive scarring of the natural landscape and that views from neighboring sites would be adversely affected. Section 7: That the proposed retaining walls are contrary to Section 17.36.060 C3 in that they would result in uniform, geometric terraced areas which are contrary to the natural land form and would substantially detract from the scenic and visual quality of the natural canyon. Section 8: That the proposed retaining walls are contrary to Section 17.36.060 C4 in that they do not minimize disturbance to the original natural contours of the site. Section 9: That after consideration of Variance No. 227 and Grading No. 1261 on March 28th, 1989 and May 23rd, 1989, the Planning Commission approved Variance No. 227 and Grading No. 1261, subject to the conditions in attached Exhibit "A", which are necessary to protect the public health, safety and welfare. PASSED, APPROVED, ADOPTED on this 13th day of June, 1989. e t Benar , Director of Environmental Services and Secretary to the Commission uella L. Wike Chairperson P.C. Resolution No. 89--32 Page 2 EXHIBIT "A" VARIANCE NO. 227 AND GRADING NO. 1261 49 1/2 ROCKINGHORSE ROAD 1. A City landscape covenant to maintain property to protect views shall be submitted and recorded prior to building permit issuance. 2. A landscape, irrigation, and fencing plan for the entire property shall be submitted to the Director of Environmental Services for review and approval. The pian shall include drought tolerant, erosion controlling, low maintenance plant materials and drip irrigation where appropriate. Native and naturalized plant materials which blend with the existing Canyon vegetation shall be utilized. Existing native vegetative shall be retained. No more than 50% of the west side yard level area shall be turf. Turf shall be a low water use variety and shall be irrigated minimally. Vegetation shall be used to screen and soften the impact of the retaining walls, the rear foundation wall and the building walls of the house. 3. The retaining walls shall be constructed of slump stone or other material approved by the Director of Environmental Services which blends with the slope. The west side walls shall have a maximum of one block (8") of freeboard. The west side retaining portions shall not exceed 4 1/2 feet (for the wall closest to the west side property line) and 5 feet for the wall closest to the house. The east side yard/driveway retaining wall shall not exceed 5 feet retaining height. The guard rail on top of the wall shall be an open fence not a solid wail. The slope in the east side yard shall be regraded to a maximum finished grade of 50%. No grading other than excavation for footings and backfilling of the retaining walls shall occur in the west side yard. In the east side yard additional grading to regrade the existing 100% slope to 50% maximum shall be allowed. 4. The property owner shall grant an easement, running with the land, for ingress and egress, to the property owner at 49 3/4 Rockinghorse. The easement shall be 7 feet wide along the south front property line between the east property line and the existing residence at 49 1/2 Rockinghorse. The 5 foot driveway retaining wall shall be placed near the edge of the easement. F.C. Resolution No. 89-32 Page 3