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623, Construct a 2-horse barn with , Resolutions & Approval Conditions• • RESOLUTION NO. 2000-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD TO CONSTRUCT A BARN AT A SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE IN ZONING CASE NO. 623. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mrs. Claudia Bird, with respect to real property located at 4 Storm Hill Lane, (Lot 169-A-MS), Rolling Hills, requesting a Variance to encroach into the front yard to construct, a barn at an existing single family residential development. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on October 17, 2000 and November 21, 2000. The Planning Commission did not find it necessary to conduct a field inspection of the property. The applicants were notified of the public hearing in writing by first class mail and through the City's newsletter. Evidence was heard from members of the City staff, the applicant's representative, and the Planning Commission reviewed, analyzed and studied the project. Section 3. On March 19, 1985, Mr. and Mrs. James Bird were granted a Conditional Use Permit for a pool house and tennis court in Zoning Case No. 309 with standard conditions for tennis courts and guest houses/servants quarters. The existing residence was completed in 1986 and the pool house was completed in 1989. (Site Plan Review was adopted in 1988). On May 19, 1998, the Planning Commission granted a request for a Variance to permit encroachments into the front yard for a barn, corral, and riding ring, and granted a request for Site Plan Review approval to permit grading for the barn, corral, riding ring, and horse exercise area. Section 4. The Planning Commission finds that the project qualifies as a Class 3 Exemption [The State CEQA Guidelines, Section 15303 (New Construction or Conversion of Small Structures)] and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.200(A)(3) is required because it states that no corral, pen, stable, barn, or other similar holding facility shall be permitted in the front yard. The applicant is requesting a Variance to encroach 110 feet into the front yard to construct a 449 square foot barn in the existing horse exercise area at an existing single family residential development. With respect to this request for a Variance, the Planning Commission finds as follows: RESOLUTION NO. 2000-29 PAGE 1 OF 5 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. The topography of the site prevents the construction of a barn in the rear yard. The rear and side yards slope down to a canyon and Johns Canyon Road, respectively, thereby precluding the creation of a flat area for a barn in the rear and side yards. A barn, corral, and riding ring exist in the front yard. The steep slope on the majority of the property at the rear and a proposed subdivision at the east side of the property will restrict the property owner from constructing buildings in the east yard. Therefore, the proposed location in the front yard is the only site capable of accommodating the proposed barn. 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. The Variance is necessary because the General Plan and Zoning Ordinance encourage the inclusion of horsekeeping facilities on properties in the City of Rolling Hills and while the property is sufficient in size to accommodate the proposed additional facility, an additional barn could not feasibly be located in the rear or side yards. C. The granting of the Variance will 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. The Variance will permit the construction of a barn which will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed barn will be constructed below the residential building pad and is a sufficient distance from nearby residences so that the proposed barn will not impact the view or privacy of surrounding neighbors. Development of the barn will allow a substantial portion of the lot to remain undeveloped. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 623 to encroach into the front yard to construct a barn at an existing single family residential development as indicated on the development plan dated September 28, 2000, submitted with this application and incorporated herein by reference as Exhibit A, and is subject to the following conditions: A. This Variance approval shall expire within one year from the effective date of approval if construction pursuant to these approvals has not commenced within that time period, as required by Section 17.38.070, or otherwise extended the Variance pursuant to the requirements of that section. B. It is declared and made a condition of the Variance 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. RESOLUTION NO. 2000-29 PAGE 2 OF 5 • • C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located shall be complied with unless otherwise set forth in this permit or approved by variance. D. The lot shall be developed and maintained in substantial conformance with the site plan dated September 28, 2000, and marked Exhibit A, except as otherwise provided in these conditions. E. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. F. The structural lot coverage shall not exceed 4.5% and the total lot coverage shall not exceed 10.1%. G. The residential building pad coverage shall not exceed 21.8%, tennis court and pool house pad coverage shall not exceed 57.3%, large barn building pad coverage shall not exceed 21.5%, and the proposed small barn building pad coverage shall not exceed 15.0%. Total building pad coverage shall not exceed 29.0%. H. The maximum disturbed area shall not exceed 19.1% of the net lot area. I. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. J. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. K. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. L. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. M. 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. N. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. RESOLUTION NO. 2000-29 PAGE 3 OF 5 • • O. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. P. 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) related to solid waste. Q. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the Planning Commission shall be submitted to the Rolling Hills Planning Department staff for their review and approval. Cut and fill slopes shall not exceed a steepness of a 2 to 1 slope ratio. R. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building or grading permit. S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project which would constitute additional structural development shall require the filing of a new application for approval by the Planning Commission. T. The approval shall not be effective until the applicant executes an Affidavit of Acceptance of all conditions of the Variance approval, or the approval shall not be effective. U. All conditions of the Variance approval that apply must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED ON THE 21ST DAY FZQ VEMBER, 2000. ALLAN ROBERTS, CHAIRMAN A1'1LST: ("1- • K MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 2000-29 PAGE 4 OF 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Resolution No. 2000-29 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD TO CONSTRUCT A BARN AT A SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE IN ZONING CASE NO. 623. was approved and adopted at a regular meeting of the Planning Commission on November 21, 2000 by the following roll call vote: AYES: - Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices 1< MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 2000-29 PAGE 5 OF 5