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896 w/MOD, Major modification to above (t, Resolutions & Approval ConditionsRESOLUTION NO. 2016-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES FOR GRADING AND CONSTRUCTION OF A DRESSAGE ARENA, STABLE WITH A LOFT AND CORRAL; A NEW RESIDENCE AND GARAGE, VARIOUS RETAINING WALLS, SWIMMING POOL AND RELATED PATIOS, TRELLISES AND DECKS; TO LOCATE THE EQUESTRIAN FACILITIES IN THE FRONT YARD AREA OF THE LOT AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 896 AT 11 SADDLEBACK ROAD, (WARREN). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Ms. Candice Warren, to request a Site Plan Review, Conditional Use Permits and Variances to construct a 4,745 square foot residence, 342 square foot basement/wine cellar, 659 square foot attached garage, 370 square feet covered patio, 450 square foot swimming pool, 50 square foot spa, 50 square foot pool equipment area, convert an existing detached garage to a 2,415 square foot stable and add a 625 square foot loft, located in the front yard area of the lot (in front of the leading edge of the residence), 135 square foot porch at the stable, 1,685 square foot corral, two trellises 210 square feet each, 60 square foot outdoor kitchen/bbq, 18 square foot fire place, 96 square foot service yard, 950 square foot pool decking, 2,050 square foot patio, 1,060 square feet of additional paving, a not to exceed 3.5' high seating wall along the pool decking, and 13,860 square foot, (70' by 198'), dressage arena, a portion of which would be located in the front yard area of the lot, with not to exceed 5' high retaining wall along the front portion of the arena and not to exceed 4' high retaining wall along a path leading from the stable to the arena above the pool area. Grading for this project is proposed to be 23,700 cubic yards of dirt total to be balanced on site which includes overexcavation and recompaction. With the proposed grading, the disturbed area of the lot would be 83%. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meeting on December 15, 2015 January 19, 2016, and March 15, 2016, and in the field on January 19, 2016. Neighbors within 1,000- foot radius were notified of the public hearings and a notice was published in the Peninsula News on December 3, 2015 and March 3, 2016. The applicants and their agents were notified of the public hearings in writing by first class mail and the applicants and their agents were in attendance at the hearings. Evidence was heard and presented from all persons interested in affecting said proposal, and from members of the City staff. Three residents visited the site during the noticed field trip on January 19, 2016. Commissioners and these residents expressed concern about the driveway access to the stable being primarily concrete, the access to the dressage arena coming off Reso. 2016-08 1 11 Saddleback Rd. of Saddleback Road, and the dressage arena encroaching into the front setback. The applicant's responded with a revised plan to address all of these concerns. The driveway to the stable is now being proposed as all decomposed granite, access to the dressage arena has been relocated to be accessed from the primary driveway, and the dressage arena has been "pushed back" on the lot and is no longer encroaching into the front yard setback. The Planning Commission has reviewed, analyzed and studied said proposal. Section 3. The property is zoned RAS-1 and with the lot merger will contain 2.25 acres net for development purposes (98,358 square feet). Lot #1 is currently developed with a 3,023 square foot residence with attached 473 square foot garage, 1,165 square foot detached garage, and 130 square foot entryway. The applicant proposes to demolish a portion of the existing detached garage and convert 900 square feet of the garage into a stable, and add to it for a larger stable and add a loft. Lot #2 is vacant. The parcel is located on a curve along Saddleback Road with three sides of the parcel adjacent to the road. Although the gross lot area of the lot (after merger) would be over 3.2 acres; the long roadway easement plus the deductions for development purposes reduces the lot to 2.25 acres net. Section 4. The Planning Commission finds that the project is exempt from the California Environmental Quality Act, (CEQA) pursuant to section 15303 (new construction of single family residence and accessory structures), and section 15061(b)(3) (common sense exemption) of the CEQA guidelines. Section 5. Section 17.18.040E of the Rolling Hills Municipal Code permits approval of a stable over 200 square feet and riding arena with a Conditional Use Permit provided the uses are not located in the front yard or in any setbacks. Portions of both, the stable and dressage arena are proposed to be located in the front yard area of the lot. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The Commission must consider applications for conditional use permit and may, with such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or to otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use. B. The granting of a Conditional Use Permit for the conversion of the existing garage to a stable and for the dressage arena would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the uses are consistent with similar uses in the community, and except for their location, meetall the applicable code development standards for a stable and arena, and the area is located in Reso. 2016-08 2 11 Saddleback Rd. an area on the . property that is adequately sized to accommodate such uses. The proposed uses are appropriately located in that they will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters. The development would be constructed in furtherance of the General Plan goal of promoting and encouraging equestrian uses. C. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed stable orientation is not towards neighbors and its general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. The proposed stable is to be located next to the corral and a path designated for equestrian uses that runs from the stable/corral to the proposed dressage arena and is separate from the other outdoor living areas on the property. The dressage arena would be located in an area of the lot that is not in proximity to any residents and will not be visible from the road. D. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the stable and dressage arena complies with the low profile residential development pattern of the community and will not give the property an over -built look, and areas will remain open and unobstructed. The lot is 2.25 acres net in size and is sufficiently large to accommodate the proposed uses. E. The proposed conditional use, other than being proposed in the front yard area, complies with all applicable development standards of the zone district and requires a Conditional Use Permit pursuant to Sections 17.18.090 and 17.18.100 of the Zoning Ordinance. F. The proposed conditional uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. Section 6. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any new building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by not more than 999 square feet in any thirty-six (36) month period. The grading for the ancillary outdoor structures (swimming pool, trellises, outdoor kitchen, fireplace, decking, and patio) require Site Plan Review, but the actual structures themselves do not. With respect to the Site Plan grading and the proposed structures the Planning Commission makes the following findings of fact: Reso. 2016-08 3 11 Saddleback Rd. A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and maintaining sufficient setbacks to provide buffers between residential uses. Although the disturbed area exceeds the maximum permitted amount of 40%, a large portion of it is for the proposed 13,860 square foot dressage arena (which requires a Conditional Use Permit). The dressage arena will be screened from view from Saddleback Road by retaining walls that are depressed and will not be seen from the road. The dressage arena promotes the rural, equestrian aesthetic of Rolling Hills. The existing paved driveway leading to the stable will be removed and replaced with decomposed granite, which also promotes a feeling of open space. None of the structures are in setbacks. The project conforms with Zoning Code lot coverage requirements, except for disturbance. The net lot area of the lot is 96,358 square feet. The structural net lot coverage is proposed at 9.1%, which includes all of the structures, with allowance for permitted deductions, (20% max. permitted); and the total lot coverage proposed, including the stable would be 19.7%, (35% max. permitted). The disturbed area of the lot is proposed to increase from 46.95% which already exceeds the maximum permitted of 40% and is legal nonconforming, to 83% due in large part to the dressage arena. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The topography and the configuration of the lot, have been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures, because the proposed project will be constructed largely on an existing building pad of the currently developed lot, will be the least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. The lot is 2.25 acres net in size and will feature a dressage arena, and a path for horses. The proposed 4,745 square foot home is only 1,722 square feet larger than the existing home that will be largely retained and remodeled as part of this project. A portion of the existing garage, which will be converted to a stable, is being retained as well. The dressage arena will be developed on the currently vacant lot and will remain open space. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot, located on much smaller lots. Portions of the lot will be left undeveloped. The project will be screened from the road and all neighbors. The residences on neighboring properties average to 4,447 square feet. The proposed residence is 4,745 that bring it in -line with homes nearby. Reso. 2016-08 4 11 Saddleback Rd. D. The development plan will introduce additional landscaping, which is compatible with and enhances the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the applicants will continue to utilize the existing driveway to the residence and the stable, and the dressage arena will be accessed from the main driveway for heavier vehicles ingress/egress. The stable access will be entirely decomposed granite. There is a new private path proposed leading from the stable and corral behind the residential and pool pad directly to the dressage arena and is all contained on the property. F. The project is exempt from the requirements of the California Environmental Quality Act pursuant to section 15303 (new construction of single family residence and accessory structures), and section 15061(b)(3) (common sense exemption) of the CEQA guidelines. Section 7. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. The applicant seeks a variance from the requirement 17.18.060A.2. that stables not be located in the front yard, and from 17.16.070B. that disturbance be limited to 40% of the net lot area. The existing garage in the front yard is being converted into a stable. With respect to this request for Variances, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone because Saddleback Road wraps around the property and constrains the lot with large roadway easement. The topography of the lot, specifically the steep slopes on the western portion of the lot further confine where development can be located. The existing garage is located in the front yard and the applicant proposes to utilize the existing structure by converting it into a stable. The disturbance is already legal nonconforming and is proposed to increase to 83% to accommodate the proposed dressage arena. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because Saddleback Road wraps around the property and the large roadway easement substantially reduces the net lot area for development. The residential building pad and the existing garage pad, to be converted to a stable and corral pad are largely developed already, and there are no other options for locating structures including the stable, but where the existing structures are Reso. 2016-08 5 11 Saddleback Rd. located. The existing garage is not easily seen from the road, and the stable will step down to the corral area and that portion is screened from view and compatible with the slope. There were no concerns voiced by neighbors about where the existing garage/proposed stable is and where the arena will be located. The exceedance of the disturbance is due in large part to the proposed dressage arena. The other structures (pool, attached garage, residence, and ancillary structures) on the residence building pad are located fairly close to one another and make best use of the shape of the lot as it is constrained by Saddleback Road. Any concerns voiced by residents during the field visit to the property were addressed in the revised site plan. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because the proposed stable is not in any setbacks and is located where the existing garage is. It will not cause any additional line of sight issues on Saddleback due to the rows of existing trees currently in the vicinity. The converted stable will be compatible with desired rural aesthetic of Rolling and therefore would not affect property values. The dressage arena likewise will be screened and will remain as open space, therefore not causing the lot to be overdeveloped. D. The variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. E. The variance request is consistent with the General Plan. The proposed project, together with the variance, will be compatible with the objectives, policies, general land uses and programs specified in the General Plan and will uphold the City's goals to protect and promote construction that is rural in nature. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 896 a Site Plan Review, Conditional Use Permits and Variances to construct a 4,745 square foot residence with 342 square foot basement/wine cellar and 659 square foot attached garage, convert an existing detached garage to a 2,415 square foot stable and add a 625 square foot loft, 13,860 square foot, (70' by 198'), dressage arena, swimming pool and various outdoor amenities, hardscape, retaining walls and to locate the stable and portion of the arena in the front yard area of the lot (in front of the leading edge of the residence. Grading for this project is proposed to be 23,700 cubic yards of dirt total to be balanced on site which includes overexcavation and recompaction. With the proposed grading, the disturbed area of the lot would be 83%.subject to the following conditions: A. The Conditional Use Permit, Site Plan and Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.070, 17.42.070 and 17.38.080, unless otherwise extended pursuant to the requirements of this section. Reso. 2016-08 6 11 Saddleback Rd. B. It is declared and made a condition of this approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated March 9, 2016 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Conditional Use Permit, Site Plan Review, and Variance approvals shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. The conditions of approval of this Resolution shall be printed onto building plans submitted to the Building Department for review and shall be kept on site at all times. E. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. Structural lot coverage of the lot shall not exceed 8,970 square feet or 9.1% of the net lot area, in conformance with lot coverage limitations (20% maximum). The total lot coverage proposed, including structures and flatwork shall not exceed 19,350 square feet or 19.7%, of the net lot area, in conformance with lot coverage limitations (35% max). Reso. 2016-08 7 11 Saddleback Rd. H. Grading for this project shall consist of 5,310 cubic yards of cut and 5,310 cubic yards of fill with 13,080 cubic yards of overexcavation and compaction. The disturbed area of the lot, including the approved stable and corral shall not exceed 83%. I. The residential building pad shall be 17,700 square feet and will have coverage of 34.18%. The stable pad shall be 7,270 square feet and will have coverage of 33.2%. J. The dressage arena may not have lights anywhere within it or around it. Should a mirror be installed in the future at the Arena, and if reflection of the sun off the mirror causes glare on adjoining properties, it shall be the responsibility of the property owner or installer to mitigate this problem in a timely manner. K. The applicant shall provide documented proof that the Southern California Edison Easement has been vacated by SO Cal Edison, or the applicant has permission from them to locate the dressage arena in the easement. L. The applicant shall provide verification from Los Angeles County Land Development Division that the dressage arena can be located in the restricted use area. M. The pool equipment area shall be enclosed and screened with landscaping. Per LA County Building Code, pool barrier/fencing shall be required. N. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, roofing and material requirements of properties in the Very High Fire Hazard Severity Zone. O. All utility lines to the residence and stable shall be placed underground, subject to all applicable standards and requirements. P. A drainage plan, as required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to LA County Code requirements. Q. All graded slopes shall be landscaped. A landscaping plan shall be submitted to the City in conformance with Fire Department Fuel Modification requirements and graded slopes. Prior to finaling the project, trees and shrubs shall be planted to screen the project from the neighbors. The landscaping shall not form a hedge like screen but be offset. The height of the trees and shrubs shall not at any time exceed the ridgeline of the roof of the structures. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area and are consistent with the rural character of the community. Reso. 2016-08 8 11 Saddleback Rd. If landscaping of 5,000 square foot area or greater is introduced or redeveloped, the landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance. R. The setback lines and roadway easement line in the vicinity of the construction for this project shall remain staked throughout the construction. A construction fence may be required. S. Perimeter easements, including roadway easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to fences - including construction fences, any hardscape, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. T. Minimum of 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit for waste hauling prior to start of work and provide proper documentation to the City. U. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. V. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php ?suite=safety&page=hazard_definitions#FIR E. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. W. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby unimproved roadway easements. There shall be no parking along the common driveway with the adjacent properties or blocking of the common driveway. A flagmen shall be used to direct traffic when necessary. X. The existing portion of the concrete driveway leading to the existing garage shall be removed and access to the stable and to the arena shall be decomposed granite or like 100% pervious roughened material. Reso. 2016-08 9 11 Saddleback Rd. Y. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management and to the City's Low Impact development Ordinance (LID). Further the property owners shall be required to conform to the County Health Department requirements for a septic system. Z. Prior to finaling of the project an "as graded" and an "as constructed" plans and certifications shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the approved plans. In addition, any modifications made to the project during construction, shall be depicted on the "as built/as graded" plan. AA. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall be recorded together with the resolution. PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF MARCH 2016. ATTEST: HEIDI LUCE, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. Reso. 2016-08 10 11 Saddleback Rd. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2016-08 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES FOR GRADING AND CONSTRUCTION OF A DRESSAGE ARENA, STABLE WITH A LOFT AND CORRAL; A NEW RESIDENCE AND GARAGE, VARIOUS RETAINING WALLS, SWIMMING POOL AND RELATED PATIOS, TRELLISES AND DECKS; TO LOCATE THE EQUESTRIAN FACILITIES IN THE FRONT YARD AREA OF THE LOT AND TO EXCEED THE MAXIMUM PERMI t 1 Li) LOT DISTURBANCE IN ZONING CASE NO. 896 AT 11 SADDLEBACK ROAD, (WARREN). was approved and adopted at regular meeting of the Planning Commission on March 15, 2016 by the following roll call vote: AYES: Commissioners Cardenas, Kirkpatrick and Chairman Chelf. NOES: Commissioner Gray. ABSENT: Commissioner Smith. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices gagUte HEIDI LUCE, CITY CLERK Reso. 2016-08 11 11 Saddleback Rd.