796, Convert stable structure into , Resolutions & Approval ConditionsRECORDING REQUESTED BY ANC
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
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*20110918893*
i
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
ZONING CASE NO. 796
XX CONDITIONAL USE PERMIT XX VARIANCE
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
83 CREST ROAD EAST, ROLLING HILLS, (LOT 69-C-3MS), CA 90274
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said case:
ZONING CASE NO. 796
XX CONDITIONAL USE PERMIT
XX VARIANCE
I (We) cejtify,(or deglare) under tij penalty of perjury that he regoing is true and correct.
:e ii(vre��/
Na pe dew,d
N me ty ed or printed"
Address ‘e6 / ��i ��71� Address/6 � 9e2,2v
City/State tf7 7 City/State
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2010-26
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On .tine, I I O I I
before me,
itS+t noLend)(ill Nofi «U D I C
Personally l
appeared Sohn C . Metv<edak-IS aria Ch(iS}'iC A. /14aVtCdakiS
who proved to me on the basis of satisfactory evidence to be the erso _ whose name(s), re
b-
su sc '• to the within instrument and acknowledged to e that s ( -xecuted the same in
Vs/l 'authorized capacity(ies) and that by h r 4 sign_ture on the instrument the
person s , or the entity upon behalf of which the persons ac e•, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand and official seal. 0
)4N of�tJ
P0
N p Public
Signature of Notary ► (Seal) )
KRISTINA LENGYEL
COMM. # 1906793 3
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY Q
COMM. EXPIRES OCT. 31, 2014 "I
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• CxNte7ir %1-�
RESOLUTION NO. 2010-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONVERT
AN EXISTING STABLE STRUCTURE TO A RECREATION ROOM AND TO
SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL ELSEWHERE
ON THE LOT AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBED AREA OF THE LOT, (WITH FUTURE STABLE CONSTRUCTION),
ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 796, AT 83 CREST ROAD EAST, (LOT 69-C-3MS),
(MAVREDAKIS). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. John Mavredakis with
respect to real property located at 83 Crest Road East (Lot 69-C-3MS) requesting a
Conditional Use Permit to convert an existing 645 square foot stable structure to a
recreation room, while reserving an area for future stable and corral elsewhere on the
lot and to exceed the maximum disturbed area of the lot, when and if the future stable
and corral are constructed.
Section 2. The property is zoned RAS-2 and consists of 2.49 acres gross. The
net lot area for development purposes is 87,832 square feet, 2.01 acres. The lot is
irregular in shape and is located below (south) of a lot fronting Crest Road. It is
accessed through an easement on an adjacent lot.
Section 3. Currently the structure under consideration is vacant. The
applicants propose to use this structure as a recreation room, subject to a Conditional
Use Permit, and allocate an area elsewhere on the lot for a future stable and corral. The
future grading for the stable and corral require a Variance, as it would exceed the
current legal non -conforming condition on the lot where the disturbance is 47.0%,
whereas maximum disturbance permitted is 40.0% of the net lot area. With the future
grading the disturbed area would be 42,781 square feet or 48.7% of the net lot area.
Section 4. The Planning Commission conducted a duly noticed public hearing
on the subject application in the field on October 19, 2010 and at a regular meeting on
October 19 and November 16, 2010. After the project was noticed, staff determined that
a Variance would be required for the exceedance of the disturbed net lot area, and the
project was re -noticed. The applicant was notified of the public hearings in writing by
first class mail. Evidence was heard and presented from all persons interested in
affecting said proposal and from members of the City staff and the Planning
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ZC 796
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Commission having reviewed, analyzed and studied said proposal. Mrs. Mavredakis
and applicant's representative were in attendance at the hearings.
Section 5. The Planning Commission finds that the project qualifies as a Class
1 Exemption, Existing Facilities, and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 6. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code
permits approval of a recreation room under certain conditions, provided the
Planning Commission approves a Conditional Use Permit. With respect to this request
for a Conditional Use Permit, the Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the conversion of a structure
previously approved as a stable, into a recreation room would be consistent with the
purposes and objectives of the Zoning Ordinance and General Plan because the use is
consistent with similar uses in the community, meets all the applicable code
development standards for a recreation room, and the area being set aside and proposed
for the future stable and corral is located in an area on the property that is adequately
sized to accommodate a 450 square foot barn and 550 square foot adjoining corral and
appropriately located in that it will be sufficiently separated from nearby structures
used for habitation or containing sleeping quarters both on and off the project site.
B. The nature, condition, and development of adjacent structures have been
considered, and the interior remodeling of a stable to a recreation room will not
adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the proposed recreation room structure's orientation is towards the
lot interior and main residence, as opposed to 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.
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the recreation room complies with the low
profile residential development pattern of the community and is screened from
neighbors view by trees that will be retained.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 645 square foot size of the recreation room is
less than the maximum 800 square feet permitted under the Municipal Code and the
recreation room does not encroach into any setback areas and is not located in the front
of the lot.
E. The proposed conditional use is consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting criteria for
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ZC 796
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hazardous waste facilities because the project site is not listed on the current State of
California Hazardous Waste and Substances Sites List.
F. ' The proposed conditional use observes the spirit and intent of Title 17 of
the Zoning Code because an adequate area is set aside for the construction of a future
stable structure and adjacent corral and the structure is screened from adjacent
properties and is not obtrusive to neighbors.
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 40% maximum disturbed area
standard set forth in Section 17.16.070 of the Rolling Hills Municipal Code. 48.7% of the
net lot would be disturbed when the future stable and corral are constructed. With
respect to this request for a Variance, 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. The Variance for the total disturbance would be
necessary for the future construction of a stable and corral. Currently the lot already
exceeds the 40% maximum disturbance permitted. Due to the extreme slopes in the rear
and side of the lot it was not possible to develop the property without exceeding the
maximum permitted disturbance. The shape of the lot and its location makes it difficult to
meet the letter of the law.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same vicinity and zone,
but which is denied to the property in question. The Variance is necessary because of the
unusual shape of the lot and because the lot already exceeds the maximum disturbance
and therefore any construction, outside the existing building pad, would trigger further
exceedance, and therefore a Variance.
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. The project as conditioned by this Resolution will be
adequately screened to prevent adverse visual impact to surrounding properties. A
minor increase in the overall percentage of disturbed area on the lot will have no effect
on the public welfare or on property or improvements in the vicinity.
In granting the Variance, the spirit and intent of the Zoning Ordinance will be observed.
The purpose of the Zoning Ordinance is to regulate development in an orderly fashion
and in a manner consistent with the goals and policies of the General Plan. Approval of
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ZC 796
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the variance will not impede any goals of the Zoning Ordinance or the General Plan.
Rather, the variance will allow the property owner to enjoy the same rights and
privileges afforded to other property owners in the vicinity. The overage requested is
not substantial and does not undermine the spirit or intent of the Zoning Ordinance.
D. The variance does not grant special privileges to the applicant. To the
contrary, absent a variance, the property owner would be deprived of the same rights
and privileges afforded to other property owners in the vicinity. Unique circumstances
applicable to the subject property make it infeasible for the property owner to comply
with Section 17.16.070. The overage requested is not substantial and does not
undermine the spirit or intent of the Zoning Ordinance.
E. 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.
F. 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.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 796 including a Conditional Use Permit for
conversion of a stable to a recreation room, with set aside area for a future 450 square
foot stable and 550 square foot corral, and a Variance for lot disturbance subject to the
following conditions:
A. The Conditional Use Permit and Variance approvals shall expire within
two years from the effective date of approval as defined in Sections 17.38.080 and
17.42.070, unless otherwise extended pursuant to the requirements of this section.
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 September 20, 2010 except as otherwise provided in
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ZC 796
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these conditions. The working drawings submitted to the County Department of
Building and Safety for plan check review shall conform to the approved
development plan. All conditions of the Variance and CUP approvals, herein as
applicable, shall be incorporated into the building permit working drawings and/or
complied with prior to issuance of a building permit from the building department.
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 and that the plans were approved by the
RHCA Architectural Committee.
F. Structural lot coverage shall not exceed 9,596 square feet or 10.9% of the
net lot area, in conformance with lot coverage limitations (20% maximum).
G. The total lot coverage proposed, including structures and flatwork shall
not exceed 26,608 square feet or 30.3%, of the net lot area, in conformance with lot
coverage limitations (35% max).
H. The disturbed area of the lot is 41,281 square feet or 47.0% of the net lot
area, and would increase to 48.7% should a new stable be constructed in the future, in
conformance with the Variance approval.
I. The existing residential building pad is 20,600 square feet and has
coverage of 44.4%. The future stable pad is proposed to be 1,000 square feet and will
have coverage of 45%, if a 450 square foot stable is constructed in the future.
J. There shall be no grading for this project. Any future grading for the
future stable and corral shall be reviewed and approved by the Planning Commission.
K. The property owners 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.
L. Since electrical upgrades are proposed for the recreation room, all utility
lines to the recreation room shall be placed or converted to underground, subject to all
applicable standards and requirements.
M. The property owners shall comply with the requirements of the Zoning
Ordinance pertaining to roof covering (RHMC 17.16.190).
N. The recreation room shall not be used as sleeping quarters, may not be
rented out and may not be used as a separate dwelling. Sanitary facility consisting of a
toilet, shower and a sink may be constructed within the recreation room. Kitchen
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ZC 796
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facilities may include a hot plate or microwave, sink, dishwasher, under counter
refrigerator, shelves and cabinets.
O. Perimeter easements and trails, if any, including roadway easements
shall remain free and clear of any improvements including, but not be limited to,
fences -including construction fences, landscaping, irrigation and drainage devices,
play equipment, parked vehicles, building materials, debris and equipment, except as
otherwise approved by the Rolling Hills Community Association.
P. 50% of any demolition work, including roofing material must be
recycled or diverted from landfills. The hauler of the materials shall obtain City's
Construction and Demolition permit prior to start of work. No final inspection shall
be granted until all documentation is filed with the City.
Q. 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.
R. 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.
S. 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 management.
T. The conditions of approval specified herein shall be printed on the
construction plans submitted to the RHCA and buidling department for plan check
and permitting.
U. 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.
V. 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.
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ZC 796
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PASSED, APPROVED AND ADOPTED THIS 16th DAY OF NOVEMBER 2010.
16/(6 A6
JILL VriSITH, CHAIRPE SON
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2010-26
ZC 796
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11
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2010-26 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONVERT
AN EXISTING STABLE STRUCTURE TO A RECREATION ROOM AND TO
SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL ELSEWHERE
ON THE LOT AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBED AREA OF THE LOT, (WITH FUTURE STABLE CONSTRUCTION),
ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 796, AT 83 CREST ROAD EAST, (LOT 69-C-3MS),
(MAVREDAKIS). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).
was approved and adopted at regular meeting of the Planning Commission on
November 16, 2010 by the following roll call vote:
AYES: Commissioners Henke, DeRoy, Pieper and Chairperson Smith.
NOES: None.
ABSENT: Commissioner Chelf (recused).
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2010-26
ZC 796
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