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
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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
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