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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 Page 2 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 Page 3