CC RES 1989-090RESOLUTION NO. 89 - 90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DENYING THE APPEAL OF
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, THEREBY APPROVING THE PROJECT AT
49 1/2 ROCKINGHORSE.
WHEREAS, on June 13, 1989, after notice and public hearings
pursuant to the City's Development Code, the Planning Commission
approved Variance No. 22.7 and Grading No. 1216 subject to
conditions; and
WHEREAS, on June 28, 1989, Shoban Paul filed an appeal with
the City Council within 15 days of the decision of the Planning
Commission; and
WHEREAS, on September 19, 1989, the City Council heard the
appeal 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 or conditions applicable to. the property since the
lot is existing non - conforming, 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 which 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, as modified
and conditioned, are not contrary to the intent of Grading
Section 17.50.070 of the City's Development Code in that the
grading is not excessive beyond that necessary for the primary
permitted use of the lot, since it provides a small level outdoor
area and better access to the adjacent lot.
Section 6: That the proposed retaining walls, as modified
and conditioned, are not contrary to the intent of Section
17.50.090 A of the City's Development Code in that the proposed
work would not cause unnecessary and excessive scarring of the
natural landscape and that views from neighboring sites would not
be adversely affected.
Section 7: That the proposed retaining walls, as modified
and conditioned, are not contrary to Section. 17.36.060 C3 in that
they would not substantially detract from the scenic and visual
quality of the natural canyon.
Section 8: That the proposed retaining walls, as modified and
conditioned, are not contrary to Section 17.36.060 C4 in that they
minimize disturbance to the original natural contours of the site.
Section 9* That after consideration of the appeal of
Variance No. 227 and Grading No. 1261, the City Council denies
the appeal thereby approving Variance No. 227 and Grading No.
1261 at 49 1/2 Rockinghorse, subject to the conditions in attached
Exhibit "A ", which are necessary to protect the public health,
safety and welfare.
PASSED, APPROVED, and ADOPTED on this 19th day of September,
1989.
yor
ATTEST
ty Clerk
torte of California }
ounty 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. 89 -90 was duly and
regularly passed and adopted by the said City Council at a
regular meeting thereof held on September 19, 1989.
Ci Clerk
Ci of Rancho Palos Verdes
Resolution No. 89 -90
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EXHIBIT "A"
VARIANCE NO, 227 AND GRADING NO, 1261
49 1/2 ROCKINGHORSE ROAD
10 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 plan 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
vegetation 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 wail shall be
an open fence not a solid wall. The slope in the east side
yard shall be regraded to a maximum finished grade of 33 %.
No grading other than excavation for f oo t ings and backf i l l ing
of the retaining walls shall occur in the west side yard. In
the east side yard additional grading to re -grade the
existing 100% slope to 33% maximum shall be allowed.
Resolution No. 89 -90
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