2015-22 RESOLUTION NO.2015-22
A RESOLUTION OF THE PLANiVING C4MMISSION OF THE CTI'Y OF
ROLLING HILLS GRAN1'ING APPROVAL OF A CONDITIQNAL USE
PERMIT,SITE PLAN REVIEW AND VARIANCES FOR GRADING AND
CONSTRUC'TION OF A RIDING ARENA, LUNGING RING T� BE
LOCATED IN THE FRONT YARD AREA OF THE LOT AND T�
RETAiN AN AS BUTLT GAZEBO IN THE FRONT YARD AREA OF THE
LOT IN ZONING CASE NO. 890 AT 1 MIDDLERTDGE LANE SOUTH,
(LOT 167-UR}, (POPOVICH).
THE PLANIVING CONIlVIISSION DOES HEREBY FIND, RESOLVE AND �RDER AS
F�LLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Popovich with
respect to real property located at 1 Middleridge Lane South (Lot 367-UR), Rolling Hills,
CA requesting a Conditional Use Permit and Si#e Plan Review to construct a 13,068
square feet regulation dressage arena (66' x �98'), with related grading of 6,900 cubic
yards total and to relocate an existing 60' in diametex (approx. 2,800 square £eet)
lunging ring approximately 40 feet in a westerly direction. Variances are requested to
construct the arena and ring in the front yard of the 1ot and to retain an "as built"
gazebo in the front yard. No structures are proposed wifih this application.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at a field trip to the property on October 20, 2015 and at a
regular Planning Commission n�eeting also on October 20, 2015. The applica�ts were
natified of �he public hearings in writing by first class mai�. Evidex�ce was heard and
presented from all persons interested in affecting said proposal and frorn members of
the City staff and the Planning Commission having reviewed, analyzed and studied
said proposal. The applicant and their representatives were in attendance at the
hearings.
During the course of the proceedings,two neighbors testified in support o£the pro�ect.
Section 3. The property is zoned RA�2 and contains 5.75 acres. The net lof
area for developmen� purposes is 231,047 square feet, or 5.30 acres. It is currently
developed wifih a 4,556 square foot residence, 680 square foot covered porch, 2,263
squax�e foot garage, 702 square foot swimming poo1, 2,329 square foot stable with corrals,
pool equipment, entryway, gazebo, chicken caop and sma1l aviary. No changes are being
proposed to these structures. The area of the proposed arena is currently used for
equestrian uses as corrals and pastures, and a lung�ng ring exists in the vicinity of the
proposed arena and will be relocated.
Section 4. The City reviewed the proposed project's environmental impacts
under the Caiifornia Environmental Qualify Act (Public Resources Code §§ 21000, et
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1 Mi�ddleridge Lane S.
seq., "CEQA") and �he regulations promulgated thereunder (14 California Code of
Regulations §§ 15000, et seq., the "CEQA Guidelines") and determined the proposed
project to be exempt from envi�xonmental review pursuant to Section 15303(e) (accessory
structures) and Section 150b1(b)(3) (Convnan Sense Exemption) of the CEQA
Guidelines.
Sectian 5. Section 17.18 of the Rolling Hills Muni�ipal Code pernlits �pproval
of a corral over 55� square feet, and riding ring provided the Planning Commission
approves a Conditional Use Permit. With respect to this request tar 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 healfih, safety or general welfare ox be materially detrimental to the
property of other persons Iocated in the vicinity of such use.
B. T'he granting of a Conditiona.l Use Perniit for the construction of the rings
wauld be consastent wifih the purposes and objectives of the Zoxur�g �rdinance and
General PIan because the use is consistent with similar uses in #he community, and
except for their location, meets all the applicable code development standards for a
xidiixig and lunging ring, and the area is located in an area on the property that is
adequate�y sized to accommodate such uses. The proposed uses are appropria�ely
located in that they will be sufficien�ly separated from nearby structures used for
habitation or containing sleeping quarters. The uses would be constructed in
furtherance of the General P1an goa�of promoting and encouraging equestrian uses.
C. The nature, cond'ztion, and development of adjacent struc'�ures have been
considered, and the project will not advExsely affect or be materially deiximental to
these adjacent uses, buildings, or structures because the proposed rings orientation is
not towards neighbors and its general location is of sufficient distance froFn nearby
residences so as to not impact the view or privacy of surrounding neighbors. The
proposed rings are to be Iocated largely on an area already used for corrals and pasture,
which would be graded out to accommodate a flat area for the x�ings.
D. The project is harmonious in scale and mass with the site, fihe natural
terrain, and surrounding residences because the riding ring and arena complies with
the 1ow profile residential developn�ent pattern of the coxnmunity and will not give the
property an over-built look, and axeas wi11 remain open and unobsiructed. The lot is
5.30 acres net in size and is sufficien�ly 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 standazds of the zone district and
requires a Conditional Use Permit pursuant to Sections 17.18.(}90 and �7,18.100 of the
Zoning Ordinance.
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1 Middleridge Lane S.
F. The proposed conditional uses are consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan rela�ing to siting criteria for
hazardous waste facilities because the project site is not listed on the c�arrent State of
California Hazaxdous Waste and Subsfiances Sites List.
Section 6. Section 17.46.a30 requires a development plan to be submitted for
Site Plan Review and approval before any grading requiring a grading permit may be
cornmenced. With respect to the Site Plan Review application for the grading for ri.ding
arena and lunging ring of 6,9Q0 cubic yards tota,I {3,450 cy. cut and 3,450 cy. fill} to be
balanced on site, the Planning CommYssion finds as follows:
A. The proposed develapment is compatible with the General P1an, the
Zoning Ordinance and surrounding uses because the proposed project complies with'�he
General P1an requirement of low profile, 1ow-density residential development with
sufficient open space between surrounding uses. The development canforms to Zoning
Code lot coverage requirements, as it is not counted for coverage because i� is an open
area. The proposed project will be landscaped to be screened from the road so as to
reduce the visual impact of the development and a landscaping pIan is required to be
submitted.
B. The development plan substantially preserves the natuxal and
undeveloped state o£the 1ot by miriimi�ing building coverage because the new uses will
not cause the lot to look overdeveloped. The applicant is utilizing an area of the 1ot that
is cvrrently used for a corral and pasture for horses and fihexe will not be substantiai
change to the undeveloped state of this portion of the lat. Additional significant portions
of the lot will be left undeveloped so as to main�ain open space on the property. The uses
will be screened. The nature, condition, and develvpment of adjacent uses, b�ildings,
and structures and the topography o�the lot have been considered, and fihe construction
will not adversely a£.£�ct or be materially detrimental to the adjacent uses, buildings, or
structures because the proposed uses will be constructed on a por#ion of the lot which is
least intrusive to surrounding properties, is located in an area previously developed
with similar uses, but smaller, will be screened and landscaped with trees and shrubs, is
of sufEicient distance from nearby residences and will subs'�antially u�ilize the existing
area for the new grading.
C. The proposed activity is compatible with the General Plan and the Zoning
Ordinance. The Land Use Element of the General P1an establishes the maintenance of
strict grading practices to preserve fihe community's natural terrain. The Building Code
and the Zoning Ordinance require a balanced cut and fill ratio and do not permit
import ox export of soi1, except under special circumstances applicable to a property
and wi#h a disc�retionary permission by fihe Planning Commission. The p�aject conforms
to the grading requirements and Zoning Code setbacks, except for its location �n the
front yard area of the lot.
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D. The proposed deve�opment, as conditioned, is ha�rmonio� in scale and
mass with the site, the natural terrain and surrounding residences. The lot coverage
maximum set forth in i�he Zoning Code will not be affected, as the proposed uses are
considered open space and are not counted towards coverage and the proposed project
is consistent with the scale of the neighborhood and will substantially utilize fhe
existing area currenfily used for corrals. The proposed project is in furtherance of City's
goal to construct equestrian faciliiies. �
E. The prvposed development i,s sensifiive and not detrimental to the
canvenience and safety af circtxlation for pedestrians and vehicles because the proposed
development will not affect the existing on-site dr�veway approach that serves #he
residence. Adequate paths are provxded for the horses to reach the uses from the
exist,ing stable.
Section 7. Sec�ions 17.38.010 through 17.38.050 of the Code permit approval of
a variance from the startdards and requireme�ts of the Zoning Ordinance when, due to
exceptional or extraordinary circwnstances applicable i�o �he property and not applicable
to other similar proper�ies in the same zone, strict application of fihe Code would deny
the property owner substantial property rights enjoyed by other properties in the same
vicuuty and zone. The applicant seeks a variance from the requirement that front yard
area o#a lot be£ree of structures as well as corrals,riding rings and similar uses (Sections
�7.18.090 and 17.18.10Q) and wishes to canstruct the equestrian rings and retai.n an
existing gazebo that would be located in front of the leading edge of the residence, �1L15r
in �he front yard area of the 1ot. With respect to this reques#for a Variance, the Planning
Commission finds as follows:
A. There are exceptional and extraardinary circumstances and conditions
applicable to the subject property that do not apply generally to the other property or
class of use in the same zone in that: e�cisting residence occupies the rear portian of the
lot, making it impossible, due to insufficient space in the rear, to locate the proposed
riding arena and lunging ring such that it wauld conform to setbacks, yards and
required separation of from fihe residence. In addition, the texrain in the �'emaining
portion of the lot, pxesents constraints due to sloped conditions, and would still require
a Variance due to the exceptionally laxge "front yard" based on the location of the
residence at the reax of the 1ot.
B. The Variance is necessary for the preservation and enjoyment of a
substan#ial property right possessed by other property in the same vicini�y and zone,
but which is denied to the property in question because due to the exi.siing location of
the house and other struct�res it would be a hardship to locate the rings in the rear. The
expansive open space in the front yard com£ortably supports the rings, as this area has
been historically used for equestrian uses, such as corrals and pasture. The limited
buildable area on the property due to steep slopes in the rear and sides places a
hardship on locating fihe rings in the side or rear areas. The variance for the existing
gazebo is necessary for the preservation and enjoyment of substantial property rights
Reso.2015-22 4
1 Middleridge Lane S.
possessed by other properties sn the same vicinity and zone because many properties in
the same vicinity and zone have outdoor amenities in the front. The existing location of
the gazebo is the least visually intrusive to the property and its neighbors. The gazebo is
screened by trees and other Iandscaping and has been on the property for many years.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or ixnprovements in surh vicinity and zone
in which the property is located because the rings or the gazebo would not affect any
neighbor's views and therefore property value and would be screened fram them. The
1ot is located substanfial distance from any neighbor and the uses would not be vi.sible
from them. Development of the equestrian uses in the front yard ax�ea w�ll allow
substantial portion of the rear of the 1ot to remain undeveloped.
D. The variance is consistent with the portions of the County of Los Ang�les
Hazardous Waste Managemen# Plan relating to siting and sititng criteria for hazardous
waste facilities.
E. The variance request is consistent with the Genera� Plan. The propased
project, together with the variance, will be compatible with the objectives, policies,
general land uses and programs speci£ied in the General Plan and wi11 uphold the City's
goa�s to protect and promote construction of equestrian facili�ies.
Sec�ion$. Based upon the foregoing findings in Section b and 7 the P�anning
Commission hereby approves Zoning Case No. 890 a Conditional Use Permit for a
riding arex�a a 1�anging ring, a Site P1an Review for grading, and Variance to retain the
existing gazebo in the front yard area and locate the equestrian uses in the front yard
area subject to the follawing conditions:
A. The Conditional Use Permit, Vairiance and Site Plan Review approvals
shall expire within two years frorn the effective date of approval as defined in�Sections
17.38.Q7Q 17.4b.08� and 17.42.070, unless otherwise extended pursuant to the
requirements of these sections.
� 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 natice to
cease such violation, the opportunity for a hearir�g has been provided, and if requested,
has been held, and thereafter the applicant �ai1s to correct the violation within a period
of thirty (30) days from the date of the Ci#y'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.
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1 Middleridge Lane S.
D. The conditions of approval specified herein shall be printed an the
construciion plans submitted to the buidling department for plan check and permitting
and shall be available at ai1 time at the construction site.
E. The lot shall be developed and main�ained in substantial conformaz�ce
wi#h the site p1an on file dated October 13, 2015 except as otherwise provided in these
condi�ions. The working drawings submitted to the Department of Building and Safety
for plan check review shall conform to the approved development plan. A11 conditions
of the Site Pl.an, Variance and CUP approvals, herein as applicable, shall be
incorporated into fihe grading permit working drawings and complied with parior to
issuance of a grading permit.
F. Prior to submittal af 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.
G. The licensed professional preparing construction plans for this praject �or
Suilding Deparhnent review shall execute a Certificate a£firming that the plans conform
in all respects to this Resolution approving this project and all of the canditions set forth
therein and the City's Build'utg Code and Zoning Ordinance.
Further, the person obtaining a building and/ or grading permit for this pro#ect
shall execute a Certificate of Construction stating that the project will be constructed
according�o this Resolution and any plans approved therewith.
H. A separate building permi.t shall be obtained for the existing gazebo and
the animal shelter structure.
I. Structural Iot coverage of the lot shaii not exceed 4.6% of the net lot area,
in conformance with lot coverage limitations {20°� maximum).
The total 1ot coverage proposed�, including structures and flatwork, shall not exceed
1Q.6%, of the net lot area, in conformance with lot coverage limitations (35% max}.
J. All graded areas shall be vegetated utilizing to the greatest extent feasible
medium to large size native and drought resistant plants. Plants shall be utilized, which
are cor�sisten� with the rural character of the communify and meet the fire departmen�
requiren�ents for fire resistant plants. Any trees and shrubs used in the landscaping
scheme for this project shall be planted in a way that will not result in a hedge Iike
screening and as not to impaix views of neighboring properties but ta screen the project
site.
Prior to obtauung a grading permit, detailed landscaping and irrigation plan
sha11 be submitted to the City which shall be in substantial compliance with the
preliminary landscaping plan on file wi�h the Planning Department dated October 13,
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1 Mic�dleridge Lane S.
2015 and shall be in comp�iance and subject to the City's Water Efficient Landscape
Ordinance, Chapter 13.28 of�the Municipal Code.
K. Grading for this project shall not exceed 6,900 cubic yards to�tal {cut and
fill) and sha11 be balanced on-site. The disturbance of the lot shall not exceed 46,Q08
squaxe feet or 38.5% of the net lot area.
L. The existing building pad of 58,514 square feet shall remain and the
structural coverage on the pad shall be affected by this project and remain at 18%.
M. The Iunging ring shal� be f�nced in. The peri.meter £ence of the property
may serve as the fence for the riding arena. There shall be na lighting of the arena and
lunging ring.
N. Should a mirror be installed in the tuture at the Arena or Lunging Ring,
a�d if reflection of the sun off th�mirror causes glare on adjoining properties, it shall be
the respansibility a£�he property owner or installer to mitigate this problem in a timely
manner.
O. A drainage plan shall be prepared and approved by Bu�ldir�g and Safety
prior to issuance of a grading permit. Such plan shall be subject to LA Courity Code
requirements.
P. No drainage device may be located in snch a manner as to contrxbute to
erosion or in any way affect an easement, trail or adjacent properties. The energy
disszpaters, if required, shall be designed in such a manner as to not cross over any
equestrian tra�ils or easements. The drainage system(s) shall not discharge water onto a
txail, shall incorporate earth �one colors, including in the design of the clissipater and
shall be screened from any trazl and neighbors views to the maximwn extent
practicable,without impairing the£unction of th� drainage system.
Q. The surface of the rings shall remain permeable at all times and not be
paved or covered by pavers, including when the uses are not used for ke+eping of
horses.
R. Perimeter easements and trails, if any, includ�ing roadway easements sha11
remain free and clear of any improvements inciuding, but not be limited to, £ences
including construction fences, Iandscaping, irrigation and drainage devices, except as
otherwise approved by the Rolling Hil�s Community Association.
S. During construction, the property owners shall be required to schedule
and regulate construction and r�Iated traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday on�y, when construction artd
mechani.cal equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City af Rolling Hills.
Reso.2015-22 �
Z Midc�leridge Lane S.
T. Dur�ing and after construction, all parking sha11 take place on the project site
and, i£ necessary, any overflow parking shall take place within nearby unimproved
roadway easements, but not to obstruct neighboring driveways. During constructian, to
maximum extend feasible;employees of the contractor shall car-pool into the City.
U. The property owners shall be required to conform wifih the Regional
Water Quality Con€xol Soard and County Public Works Department Best Management
Prac#ices (BMP's) require�nents related to solid waste, drainiage and storm water
drainage facilities management.
V. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during r�d flag warning conditior�s. Weather conditions can
be found at:
� :�� .�r��.,nc���.�a��/1o�,� ��.�a�°��������=��f� ; � ����������_d���€�����iT�
�. It is�he sole responsibility of the property owner and/or his/her contractox to
monitor the red flag warning conditions. Should a red flag warning be declared and i�
work is to be conducted on the property, the contractor sha11 have readily available fire
distinguisher.
W. The project must be reviewed and approved by the Rolling Hills
Communi.ty Association.
X. The applicant shall execute an Affidavit of Accep�ance of all conditions of
this pernut pursuant to Zoning Ordinance, or the approval shall not be effective.
PASSED, AePPRO AN1 A O D THTS 17�DAY OF NOVEMBER,2015.
�Y �' �
� �d
B D LF,`CHAIRMAN
ATTEST: • �
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a result of the public
hearing on this appiication must be filed within fhe time limits set forth in Section
7.7.54.Q70 of the Rolling Hills Municipal Code and Code of Civil Procedure Sec�ion
1094.6.
Reso.201�-22 8
1 Middleridge Lane S.
STATE OF CALIFORNIA )
C�UNTY OF LOS ANGELES ) ��
CITY�F ROLLLNG HILLS )
I certify that the foregoing Resolution No. 2015-22 ent�tled:
A RESC?LUTION OF THE PLANNING C�MMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT, SITE PLAN REVIEW AND VARIANCES FOR GRADIl�TG AND
CONSTRUCTION OF A RIDING ARENA, LUNGIlVG RING TO BE
LOCATED IN THE FRONT YARD AREA OF THE LOT AND TO
RETAIN AN AS BUILT GAZEBO TN THE FRONT YARD AREA OF THE
LOT IN ZOIVING CASE NO. 890 AT 1 MIDDLERIDGE LANE SOUTH,
(LOT 167-UR), (POPOVICH}.
was approved and adopted at regulaz meeting of the Plaxuling Commission on
November 17, 2015 by the following rall call vote:
AYES: Commissiane�rs Cardenas,Gray, Kirkpatrick,Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the Iaws of Califox•nia was posted at the following:
Administrative Offices
9
HEIDI LUCE, CITY CLERK
Reso.2015-22 9
1 Middleridge Lane S.