Loading...
796, Convert stable structure into , Staff ReportsRW449 Cre4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 4A Mtg. Date: 11-22-10 DATE: NOVEMBER 22, 2010 TO:. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: 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). RECOMMENDATION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. REOUEST AND PLANNING COMMISSION ACTION 2. Request for a Conditional Use Permit to convert a 645 square foot stable structure to a recreation room and to set aside an area for a future stable and corral in the side yard area of the lot and a Variance to exceed the maximum permitted disturbed area with the future stable construction, on . a property developed with a. single family residence and accessory structures at 83 Crest Road East. ZC NO. 796 • • 3. The Planning Commission adopted the attached Resolution by a 4-0 vote, granting the request. Commissioner Chelf recused himself from deliberating and voting in this case due to proximityof his property to subject site. The resolution contains standard finding of fact and condition • that the conversion of the stable to a recreation room comply with all zoning and building code requirements and that building permits be obtained. When approving this project, the Planning Commission found that the project is insignificant in .size and that itwould not make the property overbuilt. The existing stable has not been previously modified and turning it into a recreation room would observe the spirit and intent of the General Plan and the Zoning Ordinance, because there is an adequate area elsewhere on the lot that could be developed as a stable and corral. Further, they found that the structure is pre- existing and is moderately sized (645 square feet) in comparison to other recreation rooms and themaximum size (800 sq. ft) allowed in the City. BACKGROUND 4. The property is located on Crest Road East and is zoned RAS-2. The gross lot area is 2.49 acres. The net lot area for construction purposes is 87,832 square feet or 2.01 acres. The property is currently developed with a 5,920 square foot residence, 940 square foot garage, 800 square foot swimming pool, 60 square foot pool equipment area, 96 square foot service yard, breezeway and trellises and 645 square foot stable. 5. The applicant requests to convert the 645 square foot stable structure into a recreation room and to set aside a 1,000 square foot area for a future stable and corral elsewhere on the lot. 6 . Records indicate that a 5,870 square foot residence with attached garage, retaining walls, swimming pool and the stable were constructed in 1979. A 225 square foot porch was constructed with an interior remodel in 2002 and a second interior remodel was completed in 2006. • 7. With the project, the applicant proposes to comply with requirements for a stable by setting aside a 1,000 square foot area for a future stable and corral on the eastside of the property, behind the residence and existing stable. It is estimated that an additional minimum area of 1,500 square feet would be disturbed through grading to accommodate a replacement stable/corral on the lot, if built in the future. This represents an overall increase in the lot's disturbed area of 1.7% (from 47% to 48.7%). Although this increase is slight, it has been determined that the applicant must file a Variance to supplement the Conditional Use Permit application. MUNICIPAL CODE COMPLIANCE 8. Recreation rooms are permitted in the City, providing a Conditional Use Permit (CUP) is obtained. The following is permitted/required for a recreation room (RHMC 17.16.210A.2.): 2. Cabana or Detached Rey - ation Room. ZC NO. 796 83 Crest Rd. E. J • • a. Cabana or detached recreation room shall not be located in the front yard or any setback. b. The maximum size of such structure shall not exceed eight hundred square feet. c.. No kitchen or other cooking facilities shall be permitted.* d. No sleeping quarters shall be permitted. * By policy, the City has been allowing "bar like" amenities in recreation rooms, as has been shown on the submitted plan. 9. The area designated for the future stable and corral is 22 feet from (behind) the proposed recreation room, however, because a recreation room is not considered "habitable" space (per Health Dept. regulations) this separation distance is permitted. A setback of 35 feet would otherwise be required between a stable and habitable space. 10. Residential building pad coverage. Currently the lot's single 20,600 square foot building pad, improved with the home and stable, has a structural coverage of 44.4% (with consideration of excluded trellis and outdoor kitchen structures), . in excess of the 30% guideline, and it will remain the same when the existing stable is converted to a recreation room. The proposed pad for a future stable (if and when constructed) is projected to be 1,000 square feet in area and would have 45% coverage assuming a 450 square foot stable is constructed. Grading in the future to create the stable/corral pad is estimated to require cut and fill of 55 cubic yards each of dirt at a maximum depth of 4 feet. 11. Lot coverage. The lot's existing overall structural coverage is 10.4%, based on 9,146 square feet, (with consideration of excluded trellis and outdoor kitchen) which complies with 20% permitted maximum. With the proposal, again considering exclusions, this will increase to 9,596 square feet, or 10.9%. The existing total coverage including structures and paving, based on 26,158 total square feet and considering exclusions, is 29.8%, (35% permitted). This will increase to 26,608 square feet, or 30.3%. 12. Disturbed area. A total of 41,281square feet or 47% of the lot is disturbed (40% permitted). With the proposed future stable pad this will increase to 42,781 square feet or 48.7%. The existing disturbed area is considered legal non -conforming because the standard of 40% maximum disturbed area became effective in 1995 after the lot was originally disturbed. As noted, a Variance is required with this application because the degree of existing nonconforming disturbed area would increase if and when a new stable pad is constructed in the future. CONCLUSION 13. When reviewing a development application the Planning Commission consider whether the proposed project meets the criteria for a CUP and Variance. 14. A detached recreation room is a use that requires a CUP. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and ZC NO. 796 83 Crest Rd. E. 0 .,. • development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 15. The applicant's representative states that the location of the future stable is both legal and practical. The property owners currently do not have animals and would like to utilize the vacant stable structure for personal 'uses. The structure is pre-existing and is moderately sized (645 square feet) in comparison to other recreation rooms and the maximum size (800 sq. ft) allowed in the City. 16. The lot contains a suitable area for a future stable, corral and access, with minor grading to establish a minimum 1,000 square foot pad. OTHER AGENCIES APPROVAL 17 Rolling Hills Community Association will review this project at a later date. 18. The project is exempt from the California Environment Quality Act, (CEQA) Zoning Case No. 796 SITE PLAN REVIEW 11 EXISTING 1 PROPOSED RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period; for grading and for new structure). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% maximum - guideline) STABLE Recreation room GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. ZC NO. 796 83 Crest Rd. E. SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES Residence Garage Covered porch Stable Service yard Pool Pool equipm. Breezeway Trellis Outdoor kitchen Recreation room TOTAL 10.4%u 29.8% w/ exclusions 5920 sq.ft. 940 sq.ft 85 sq.ft. 645 sq.ft. 96 sq.ft 800 sq.ft 60 sq.ft. 600 sq ft. 600 sq.ft. 100 sq.ft. 0 sq.ft. STABLE CONVERSION TO RECREATION ROOM Residence Garage Covered porch Stable Service yard Pool Pool equipm. Breezeway Trellis Outdoor kitchen Recreation room 5920 sq.ft. 940 sq.ft. 85 sq.ft. 450 sq.ft. 96 sq.ft 800sq.ft 60 sq.ft. 600 sq.ft. 600 sq.ft. 100 sq.ft. 645 sq. ft 9,846sq.ft. TOTAL 10,296 sq. ft. 10.9% of 87,832 sq. ft. net lot area w/ exclusions (incl. future stable) 30.3% w/ exclusions 44.4% of 20,600 sq.ft. pad w/ exclusions N/A (on resid pad) NA N/A 44.4% of 20,600 sq.ft. pad w/ exclusions 45% of 1,000 sq.ft. pad (future) NA (on resid pad — former stable) FUTURE, if stable pad is graded and stable constructed 55 cubic yards, at 4-ft maximum depth is estimated. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SO.FT. & 550 SO.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS 47% 48.7% w/ future stable pad 645 sq. ft. plus 550 corral From driveway Existing driveway approach from Crest Road.E. (shared) N/A N/A FUTURE 450 sq. ft. Future Existing driveway approach from Crest Road. E. (shared) Planning Commission review Planning Commission review CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for avvroval or denial of conditional use vermit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. .That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; , F. That the proposed conditional uses observes the spirit and intent of this title. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; ZC NO. 796 83 Crest Rd. E. 0 • B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 796 83 Crest Rd. E. 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 underconsideration 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 Reso. 2010-26 ZC 796 le • • 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 communityand 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 Reso. 2010-26 ZC 796 0 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 bedisturbed 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 rightpossessed 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 Reso. 2010-26 ZC 796 3 • • 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 Reso. 2010-26 ZC 796 4 • • 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 Reso. 2010-26 ZC 796 5 • 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 ordiverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition .permit prior to start of work. No final inspectionshall 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. Reso. 2010-26 ZC 796 PASSED, APPROVED AND ADOPTED THIS 16th DAY OF NOVEMBER 2010. 01 6/0 JILL V;'flMITH, CHAIRPE ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso. 2010-26 ZC 796 7. 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 f. • eerie/ 06 Wee, gal • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 6A Mtg. Date: 11-16-10 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 796 83 CREST ROAD EAST, (LOT 69C-3MS) RA-S-2, 2.49 ACRES GROSS MR. AND MRS. JOHN MAVREDAKIS JIM SARMAST CONSTRUCTION OCTOBER 7, 2010 NOVEMBER 4, 2010 REQUEST AND RECOMMENDATION Request for a Conditional Use Permit to convert a stable structure to a recreation room and to set aside an area for a future stable and corral in the side yard area of the lot and a Variance to exceed the maximum permitted disturbed area, on a property developed with a single family residence at 83 Crest Road East. BACKGROUND 1. The Planning Commission visited the site and held a public hearing on this project on October 19, 2010. After the project was noticed in the newspaper and to the neighbors it was determined that a variance would be required for disturbance of the lot, should the stable be constructed in the future. The Commission continued the hearing to the November 16, 2010 Planning Commission meeting to allow time for proper notification. 2. At the field trip the Planning Commission directed staff to prepare a Resolution of approval with standard finding of facts and conditions for their November 16 meeting ZC NO.796 • for Planning Commission consideration, provided the project was properly noticed. The project was re -noticed on November 4, 2010. 3. The attached Resolution of Approval contains conditions that the conversion of the stable to a recreation room comply with all zoning and building code requirements and that building permits be obtained. 4. The property is located on Crest Road East and is zoned RAS-2. The gross lot area is 2.49 acres. The net lot area for construction purposes is 87,832 square feet or 2.01 acres. The property is currently developed with a 5,920 square foot residence, 940 square foot garage, 800 square foot swimming pool, 60 square foot pool equipment area, 96 square foot service yard, breezeway and trellises and 645 square foot stable. 5. The applicant requests to convert the 645 square foot stable structure into a recreation room and to set aside a 1,000 square foot area for a future stable and corral elsewhere on the lot. 6 . Records indicate that a 5,870 square foot residence with attached garage, retaining walls, swimming pool and the stable were constructed in 1979. A 225 square foot porch was constructed with an interior remodel in 2002 and a second interior remodel was completed in 2006. 7. With the project, the applicant proposes to comply with requirements for a stable by setting aside a 1,000 square foot area for a future stable and corral on the east side of the property, behind the residence and existing stable. It is estimated that an additional minimum area of 1,500 square feet would be disturbed through grading to accommodate a replacement stable/corral on the lot, if built in the future. This represents an overall increase in the lot's disturbed area of 1.7% (from 47% to 48.7%). Although this increase is slight, it has been determined that the applicant must file a Variance to supplement the Conditional Use Permit application. MUNICIPAL CODE COMPLIANCE 8. Recreation rooms are permitted in the City, providing a Conditional Use Permit (CUP) is obtained. The following is permitted/required for a recreation room (RHMC 17.16.210A.2.): 2. Cabana or Detached Recreation Room. a. Cabana or detached recreation room shall not be located in the front yard or any setback. b. The maximum size of such structure shall not exceed eight hundred square feet. c.. No kitchen or other cooking facilities shall be permitted.* d. No sleeping quarters shall be permitted. ZC NO. 796 83 Crest Rd. E. • • * By policy, the City has been allowing "bar like" amenities in recreation rooms, as has been shown on the submitted plan. 9. The area designated for the future stable and corral is 22 feet from (behind) the proposed recreation room, however, because a recreation room is not considered "habitable" space (per Health Dept. regulations) this separation distance is permitted. A setback of 35 feet would otherwise be required between a stable and habitable space. 10. Residential building pad coverage. Currently the lot's single 20,600 square foot building pad, improved with the home and stable, has a structural coverage of 44.4% (with consideration of excluded trellis and outdoor kitchen structures), in excess of the 30% guideline, and it will remain the same when the existing stable is converted to a recreation room. The proposed pad for a future stable (if and when constructed) is projected to be 1,000 square feet in area and would have 45% coverage assuming a 450 square foot stable is constructed. Grading in the future to create the stable/corral pad is estimated to require a total cut and fill of 55 cubic yards of dirt at a maximum depth of 4 feet. 11. Lot coverage. The lot's existing overall structural coverage is 10.4%, based on 9,146 square feet, (with consideration of excluded trellis and outdoor kitchen) which complies with 20% permitted maximum. With the proposal, again considering exclusions, this will increase to 9,596 square feet, or 10.9%. The existing total coverage including structures and paving, based on 26,158 total square feet and considering exclusions, is 29.8%, (35% permitted). This will increase to 26,608 square feet, or 30.3%. 12. Disturbed area. A total of 41,281 square feet or 47% of the lot is disturbed (40% permitted). With the proposed future stable pad this will increase to 42,781 square feet or 48.7%. The existing disturbed area is considered legal non -conforming because the standard of 40% maximum disturbed area became effective in 1995 after the lot was originally disturbed. As noted, a Variance is required with this application because the degree of existing nonconforming disturbed area would increase if and when a new stable pad is constructed in the future. CONCLUSION 13. When reviewing a development application the Planning Commission should consider whether the proposed project meets the criteria for a CUP and Variance. 14. A detached recreation room is a use that requires a CUP. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. ZC NO. 796 83 Crest Rd. E. • • 15. The applicant's representative states that the location of the future stable is both legal and practical. The property owners currently do not have animals and would like to utilize the vacant stable structure for personal uses. The structure is pre-existing and is moderately sized (645 square feet) in comparison to other recreation rooms and the maximum size (800 sq. ft) allowed in the City. 16. The lot contains a suitable area for a future stable, corral and access, with minor grading to establish a minimum 1,000 square foot pad. OTHER AGENCIES APPROVAL 17 Rolling Hills Community Association will review this project at a later date. 18. The project is exempt from the California Environment Quality Act, (CEQA) Zoning Case No. 796 SITE PLAN REVIEW 11 RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period; for grading and for new structure). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% maximum -guideline) STABLE Recreation room GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) ZC NO. 796 83 Crest Rd. E. EXISTING PROPOSED SINGLE FAMILY RESIDENCE AND STABLE CONVERSION TO ACCESSORY STRUCTURES RECREATION ROOM Residence Garage Covered porch Stable Service yard Pool Pool equipm. Breezeway Trellis Outdoor kitchen Recreation room TOTAL 10.4% 29.8% w/ exclusions 5920 sq.ft. 940 sq.ft 85 sq.ft. 645 sq.ft. 96 sq.ft 800 sq.ft 60 sq.ft. 600 sq ft. 600 sq.ft. 100 sq.ft. 0 sq.ft. Residence Garage Covered porch Stable Service yard Pool Pool equipm. Breezeway Trellis Outdoor kitchen Recreation room 5920 sq.ft. 940 sq.ft. 85 sq.ft. 450 sq.ft. 96 sq.ft 800sq.ft 60 sq.ft. 600 sq.ft. 600 sq.ft. 100 sq.ft. 645 sq. ft 9,846sq.ft. TOTAL 10,296 sq. ft. 10.9% of 87,832 sq. ft. net lot area w/exclusions (incl. future stable) 30.3% w/ exclusions 44.4% of 20,600 sq.ft. pad w/ exclusions N/A (on resid pad) NA N/A 44.4% of 20,600 sq.ft. pad w/ exclusions 45% of 1,000 sq.ft. pad (future) NA (on resid pad — former stable) FUTURE, if stable pad is graded and stable constructed 55 cubic yards, at 4-ft maximum depth is estimated. 47% 48.7% w/ future stable pad STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS 645 sq. ft. plus 550 corral From driveway Existing driveway approach from Crest Road.E. (shared) N/A N/A FUTURE 450 sq. ft. Future Existing driveway approach from Crest Road. E. (shared) Planning Commission review Planning Commission review CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; ZC NO. 796 83 Crest Rd. E. • • F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 796 83 Crest Rd. E. • • 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 Reso. 2010-26 ZC 796 • • 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 sitingcriteria for Reso. 2010-26 ZC 796 • i 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 Reso. 2010-26 ZC 796 • • 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 Reso. 2010-26 ZC 796 • • 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 Reso. 2010-26 ZC 796 5 �� • • e 1 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. Reso. 2010-26 ZC 796 } • • PASSED, APPROVED AND ADOPTED THIS 16th DAY OF NOVEMBER 2010. JILL V. SMITH, CHAIRPERSON ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso. 2010-26 ZC 796 713 • • 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: NOES: ABSENT: ABSTAIN: 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 8 MEMORANDUM: OCTOBER 19, 2010 ZONING CASE NO. 796 - 83 CREST ROAD EAST (MAVREDAKISII DUE TO PROXIMITY OF COMMISSIONER CHELF'S PROPERTY TO THE SUBJECT SITE, (WITHIN 500-FEET), COMMISSIONER CHELF SHOULD ABSTAIN FROM DELIBERATING AND VOTING IN ZONING CASE NO. 796. COMMISSIOINER CHELF MAY PARTICIPATE AS A RESIDENT. e • &et 06 Wet:, qeted • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 4A Mtg. Date: 10-19-10 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 796 83 CREST ROAD EAST, (LOT 69C-3MS) RA-S-2, 2.49 ACRES GROSS MR. AND MRS. JOHN MAVREDAKIS JIM SARMAST CONSTRUCTION OCTOBER 7, 2010 REQUEST AND RECOMMENDATION Request for a Conditional Use Permit to convert a stable structure to a recreation room and to set aside an area for a future stable and corral in the side yard area of the lot and a Variance to exceed the maximum permitted disturbed area, on a property developed with a single family residence at 83 Crest Road East. After the project was noticed in the newspaper and to the neighbors it was determined that a variance would be required for disturbance of the lot. It is, therefore, necessary to re -notice this project. Meanwhile, the Planning Commission could conduct the field trip and continue the hearing to tonight's meeting, at which time it could be continued to the November 16, 2010 Planning Commission meeting. It is therefore recommended that the Planning Commission review the staff report, view the project in the field, open the public hearing and take public testimony and continue the public hearing. BACKGROUND 1. The property is located on Crest Road East and is zoned RAS-2. The gross lot area is 2.49 acres. The net lot area for construction purposes is 87,832 square feet or 2.01 acres. ZC NO.796 1 • • 2. The applicant requests to convert a 645 square foot stable structure into a recreation room and to set aside a 1,000 square foot area for a future stable and corral elsewhere on the lot. 3. The property is currently developed with a 5,920 square foot residence, 940 square foot garage, 800 square foot swimming pool, 60 square foot pool equipment area, 96 square foot service yard and 645 square foot stable. 4. Records indicate that a 5,870 square foot residence with attached garage, retaining walls, swimming pool and the stable were constructed in 1979. A 225 square foot porch was constructed with an interior remodel in 2002 and a second interior remodel was completed in 2006. 5. With the project, the applicant proposes to comply with requirements for a stable by setting aside a 1,000 square foot area for a future stable and corral on the east side of the property, behind the residence and existing stable. It is estimated that an additional minimum area of 1,500 square feet would be disturbed, including minor grading to accommodate a replacement stable/corral on the lot in the future. This represents an overall increase in the lot's disturbed area of 1.1% (from 47% to 48.1%). Although this increase is slight, it has been determined that the applicant must file a Variance to supplement the Conditional Use Permit application. MUNICIPAL CODE COMPLIANCE 6. Recreation rooms are permitted in the City, providing a Conditional Use Permit (CUP) is obtained. The following is permitted/required for a recreation room (RHMC 17.16.210A.2.): 2. Cabana or Detached Recreation Room. a. Cabana or detached recreation room shall not be located in the front yard or any setback. b. The maximum size of such structure shall not exceed eight hundred square feet. c.. No kitchen or other cooking facilities shall be permitted.* d. No sleeping quarters shall be permitted. * By policy, the City has been allowing "bar like" amenities in recreation rooms, as has been shown on the submitted plan. 7. The area designated for the future stable and corral is 22 feet from (behind) the proposed recreation room, however, because a recreation room is not considered "habitable" space (per Health Dept. regulations) this separation distance is permitted. A setback of 35 feet would otherwise be required between a stable and habitable space. 8. Residential building pad coverage. Currently the lot's single 20,600 square foot building pad, improved with the home and stable, has a structural coverage of 44.4% (with consideration of excluded trellis and outdoor kitchen structures), in excess of the 30% guideline, and it will remain the same when the existing stable is converted to a recreation room. The proposed pad for a future stable (if and when constructed) is ZC NO. 796 -2- 83 Crest Rd. E. • • projected to be 1,000 square feet in area and would have 45% coverage assuming a 450 square foot stable constructed. Grading in the future to create the stable/corral pad is estimated to require a total cut and fill of 55 cubic yards of dirt at a maximum depth of 4 feet. 9. Lot coverage. The lot's existing overall structural coverage is 10.4%, based on 9,146 square feet, (with consideration of excluded trellis and outdoor kitchen) which complies with 20% permitted maximum. With the proposal, again considering exclusions, this will increase to 9,596 square feet, or 10.9%. The existing total coverage including structures and paving, based on 26,158 total square feet and considering exclusions, is 29.8%, (35% permitted). This will increase to 26,608 square feet, or 30.3%, again deducting a trellis and outdoor kitchen. 10. Disturbed area. A total of 41,281 square feet or 47% of the lot is disturbed (40% permitted). With the proposed future stable pad this will increase to 42,781 square feet or 48.7%. The existing disturbed area is considered legal non -conforming because the standard of 40% maximum disturbed area became effective in 1995 after the lot was originally disturbed. As noted, a Variance is required with this application because the degree of existing nonconforming disturbed area would increase if and when a new stable pad is constructed in the future. CONCLUSION 11. When reviewing a development application the Planning Commission should consider whether the proposed project meets the criteria for a CUP and Variance. 12. A detached recreation room is a use that requires a CUP. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 13. The applicant's representative states that the location of the future stable is both legal and practical. The property owners currently do not have animals and would like to.utilize the vacant stable structure for personal uses. The structure is pre-existing and is moderately sized (645 square feet) in comparison to other recreation rooms and the maximum size (800 sq. ft) allowed in the City. 14. The lot contains a suitable area for a future stable, corral and access, with minor grading to establish a minimum 1,000 square foot pad. OTHER AGENCIES APPROVAL 15 Rolling Hills Community Association will review this project at a later date. 16. The project is exempt from the California Environment Quality Act, (CEQA) ZC NO.796 83 Crest Rd. E. -3- ® • • Zoning Case No. 796 SITE PLAN REVIEW RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period; for grading and for new structure). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% maximum -guideline) STABLE Recreation room GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS • PLANTS AND ANIMALS ZC NO. 796 83 Crest Rd. E. EXISTING li PROPOSED SINGLE FAMILY RESIDENCE AND STABLE CONVERSION TO ACCESSORY STRUCTURES RECREATION ROOM Residence Garage Covered porch Stable Service yard Pool Pool equipm. Breezeway Trellis Outdoor kitchen Recreation room TOTAL 110.4% 129.8% w/ exclusions 44.4% of 20,600 sq.ft. pad w/ exclusions N/A (on resid pad) NA N/A 5920 sq.ft. 940 sq.ft 85 sq.ft. 645 sq.ft. 96 sq.ft 800 sq.ft 60 sq.ft. 600 sq ft. 600 sq.ft. 100 sq.ft. 0 sq.ft. Residence Garage Covered porch Stable Service yard Pool Pool equipm. Breezeway Trellis Outdoor kitchen Recreation room 5920 sq.ft. 940 sq.ft. 85 sq.ft. 450 sq.ft. 96 sq.ft 800sq.ft 60 sq.ft. 600 sq.ft. 600 sq.ft. 100 sq.ft. 645 sq. ft 9,846sq.ft. I TOTAL 10,296 so. ft. 10.9% of 87,832 sq. ft. net lot area w/exclusions (incl. future stable) 130.3% w/ exclusions 44.4% of 20,600 sq.ft. pad w/ exclusions 45% of 1,000 sq.ft. pad (future) NA (on resid pad — former stable) FUTURE, if stable pad is graded and stable constructed Maximum 55 cubic yards, at 4-ft maximum depth is estimated. 47% 48.7% w/ future stable pad 1645 sq. ft. plus 550 corral From driveway Existing driveway approach from Crest Road.E. (shared) I N/A N/A -4- FUTURE 450 sq. ft. Future Existing driveway approach from Road. E. (shared) I Planning Commission review I Planning Commission review { • • CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 796 83 Crest Rd. E. -5- 1 D