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PC RES 1989-058 F.C . RESOLUTION NO . 89-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO . 242 AND GRADING NO. 1270 TO ALLOW CONSTRUCTION OF A SIX FOOT HIGH STRUCTURAL RETAINING WALL WITHIN A SLOPE GREATER THAN 35% FOR A GARAGE AND SECOND STORY ADDITION LOCATED AT 2146 TOSCANINI . WHEREAS , Mr. Alvin Lowi has requested a Variance to allow a six foot high retaining to be a part of a garage and second story structure to be constructed within a slope greater than 35% at 2146 Toscanini ; and WHEREAS , after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code , a public hearing was held on September 26 , 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 and extraordinary circumstances and conditions applicable to the property which do not apply generally to other properties in the same zoning district , in that the split-level lot is adjoined to the street of access by a 182 foot long flag. The lot is constrained by sharing the same ingress/ egress cul-de-sac with 6 lots and lacks a front property line adjacent to the street of access for on street parking . Section 2 : That the Variance is necessary for the preservation and enjoyment of a substantial property right of the landowner, since the configuration and orientation of the residence in relationship to the level buildable area and use areas does not allow adequate space on the property to insure parking and access for emergency and municipal service vehicles without development into the slope . Section 3 : That granting of Variance will not be materially detrimental to the public health, safety, and welfare since the improvements made to the property do not adversely impact the privacy or primary views of surrounding properties and the excavation into the toe of the slope would be initiated by the sewer district for the neighboring tract to the west . Section 4 : The proposed development is in conformance with the General Plan since the addition is minor in scope and does not conflict with the provisions of said. • i Section 5: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby approves Variance No. 242 subject to the conditions of approval in Exhibit "All PASSED, APPROVED, and ADOPTED this 26th day of September 1989. I� ✓L bert Benard, Director of Environmental Services and Secretary to the Commission Luella L. Wike Chairperson P.C. Resolution No. 89-58 Page 2 EXHIBIT "A" Variance No. 242 and Grading No. 1270 1246 Toscanini 1. A City Landscape Covenant to maintain property to protect views shall be submitted to be recorded prior to issuance of Building Permits. 2. Setbacks shall conform to approved plans. 3. Maximum grading shall not exceed 40 cubic yards of cut. 4. The retaining wall parallel to the western property line adjacent to the driveway, shall not exceed 6'-0" inches in exposed height. 5. No exterior stairs to the second story shall be approved in the future. 6. A Second Unit Covenant shall be submitted prior to issuance of building permits. 7. Maximum ridge height shall not exceed 16 feet measured from measured at the top of the garage addition retaining wall to the highest ridgeline. Certification of ridge shall be required prior to final inspection. 8. The 3 pines and 1 palm along the rear property line shall be removed prior to pour for the retaining wall. 9. Landowner shall submit a landscape, fencing, and irrigation plan to be reviewed and approved by the Director of Environmental Services prior to final inspection. P.C. Resolution No. 89-58 Page 3