PC RES 1990-039P.C. RESOLUTION NO. 90-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO.
261 AND GRADING NO. 1437 TO ALLOW 60 CUBIC YARDS OF
GRADING AND THE CONSTRUCTION OF A STRUCTURAL AND
FREESTANDING RETAINING WALL WITHIN THE REQUIRED
SETBACK AND WITHIN A SLOPE GREATER THAN 35%,
APPROVING A 10 FOOT ENCROACHMENT INTO THE FRONT
SETBACK FOR AN ENTRANCE TO RESIDENCE, DENYING A
CARPORT STRUCTURE WITHIN THE FRONT SETBACK AND
DENYING 400 CUBIC YARDS OF GRADING FOR THE
EXPANSION OF THE LEVEL YARD AREA AT 6111 ARROWROOT.
WHEREAS, Mr. and Mrs. Russell La Rose have requested a
Variance to allow a portion of the garage structure and a five
foot six inch high, free standing retaining wall to be constructed
within the required setback and within a slope greater than 35% at
6111 Arrowroot; and
WHEREAS, the applicants have requested a Variance for a 10
foot encroachment for a new carport and entry within the required
front setback at 6111 Arrowroot; and
WHEREAS, the applicants have requested approval of a Grading
Application for 400 cubic yards of fill to expand the level yard
area at 6111 Arrowroot; and
WHEREAS, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Development Code, a public hearing was
held on June 26, 1990, 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 residence was designed and originally
constructed on a lot with a different configuration. The subject
lot is located on the inside of a down sloping curve and has no
possibility for on street parking. The residence presently does
not have an enclosed garage and has limited parking area on the
level area of the lot. The proposed 5'-6" high structural and
free standing retaining wall within the required 5' side setback
and extreme slope in the north side yard would provide for a level
parking area and an enclosed garage along the north side of the
residence.
Section 2: That approval to allow a portion of the garage and
a five foot six inch high free standing side yard retaining wall,
to be built within the required setback and within an extreme
slope, is necessary for the preservation and enjoyment of a
substantial property right of the landowner as it would insure
adequate area on the property for off street and enclosed parking.
Section 3: That granting of Variance for the garage addition
in the side yard setback and extreme slope would not be materially
detrimental to the public health, safety, and welfare since the
installation of a 5'-6" high structural and free standing wall in
the proposed location would not be injurious to the adjacent
property which is founded 10 feet higher than the subject
residence. The proposed garage would not encroach more than the
existing eave overhang in the side yard.
Section 4: That the proposed development of the enclosed
garage and increased off street parking would be in conformance
with the General Plan since it is a key policy of the Development
Guidelines to provide development which is harmonious with the
surrounding area.
Section 5: That Staff can not make the findings necessary to
approve a carport with a 10' encroachment within the front
setback. A carport in addition to the proposed 3 car garage would
be considered excessive in view of what is required for parking by
the Code and what is presently possessed by other property owners
in the same zoning district. The proposed carport, 10' into the
front setback is not necessary for the preservation and enjoyment
of a substantial property right of the landowner.
Section 6: That Staff can make the necessary findings to
approve an entrance within the front setback. 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 residence was
designed and originally constructed on a lot with a different
configuration. As a result of the residence being originally
designed for a site within the Portugese Bend Landslide, the
primary entrance to the residence is presently located in the far
corner of the existing carport. Granting a variance for an
entrance area addition to the residence would provide a property
right enjoyed by other landowners in the vicinity.
Section 7: That Staff can not make the necessary findings to
approve the the proposed grading to expand the level yard area.
This portion of the proposed project has not been designed to
minimize the disturbance to the existing slope. In addition, more
than 1300 cubic yards of grading has already occurred on the lot
to establish a pad and rear yard area. Granting approval for an
additional 400 cubic yards of grading for a manufactured terraced
slope along Arrowroot would be excessive.
P.C. Resolution No. 90-39
Page 2
Section 8: For the foregoing reasons, and based on
information and findings included in the staff report and
evidence presented at the public hearing, the Planning Commission
of the City of Rancho Palos Verdes hereby approves Variance No.
261 to allow the construction of walls in excess of 3' for a
garage and expanded parking within the required side setback and
within a slope greater than 350, approves Variance No. 261 for a
10' encroachment into the required front setback for an entrance
to the residence, denies Variance No. 261 for a carport to
encroach into the required front setback and denies Grading
Application No. 1437 for 400 cubic yards of fill for the
expansion of the level yard area subject to conditions hereto
attached as Exhibit "A".
PASSED, APPROVED, and ADOPTED this 24th
R��bert Mc
ty
�{`airpers
"Z
obe"rt Bena d, Director of
Environmental Services and
Secretary to the Commission
P.C. Resolution No. 90-39
Page 3
EXHIBIT "A"
6111 ARROW ROOT
1. Maximum 60 cubic yards cut approved for the construction of
retaining wall within extreme slope on north side yard for
three car garage to replace existing two car carport within
the side yard setback.
2. A 1 foot encroachment into the side setback is approved for
the garage addition.
3. The eaves of the garage in the north side setback shall be
minimized and shall not extend more than 6" into the setback
area.
4. A 5 foot high retaining wall adjacent to the driveway is
approved within the extreme slope in the north side setback.
5. The applicant shall redraw the plans prior to issuance of
Planning Clearance to eliminate the proposed 400 cubic yards
of fill and down slope retaining walls in the area of the
front and south side yard along Arrowroot.
6. The applicant shall redraw the plans prior to issuance of a
Planning Clearance to eliminate the proposed 10 foot
encroachment into the front setback for the carport. Any
vertical member of this portion of a carport structure
shall respect the required 20 foot front setback. An eave
over hang into the front setback may extend, if approved by
the City Structural Engineer, a maximum of 6 foot 8 inches
into the front setback .
7. Prior to building permit issuance, if desired, the applicant
may redesign the plans to include an entrance to the
residence to encroach 10' into the required front setback
area.
8. If required by the City geotechnical staff, the applicant
shall submit a soils and geology report to assure the
stability of the upslope property. If a soils report is
required, the City geotechnical staff shall specify in
writing the reasons for requiring the report and the issues
the report must address. The report shall be prepared in a
form satisfactory to the City's geotechnical staff and the
applicant shall comply with all recommendations of the City's
geotechnical staff.
9. A City Landscape Covenant to maintain property to protect
views shall be submitted to be recorded prior to issuance of
Building Permits.
10. Maximum ridge height of garage shall not exceed the existing
ridge height of the single story residence.
11. A final re -stamp is required prior to issuance of building
permits to allow staff to assure compliance with all planning
conditions and code provisions.
P.C. Resolution No. 90-39
Page 4