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939, Convert existing barn into a r, Resolutions & Approval Conditions• •ExHi AiTlt RESOLUTION NO. 2018-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT TO CONVERT THE EXISTING 1,560 SQUARE FOOT STABLE TO A MIXED -USE STRUCTURE; AND TWO VARIANCES FOR A 24 FOOT ENCROACHMENT INTO THE FRONT YARD SETBACK WITH A 330 SQUARE FOOT' ADDITION TO THE RESIDENCE AND WITH A MIXED -USE STRUCTURE IN ZONING CASE NO. 939 AT 9 JOHNS CANYON ROAD, LOT 170-A-1-MS, (DAVID STONE). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Tavisha Ales and Dave Palacios on behalf of David Stone with respect to real property located at 9 Johns Canyon Road, Rolling Hills (Lot 170-A-1-MS) requesting a Conditional Use Permit to convert a stable into a mixed - used structure and two Variances for the residential addition and mixed -use structure to be located in the front yard setback. The applicant also applied for other miscellaneous improvements. A 1,000 square foot set aside area for a future stable and corral has been designated, which if constructed would cause additional disturbed area on the lot, which currently is 62.55%. The proposed project would be constructed entirely within the existing disturbed area. Therefore, currently no variance is needed for the disturbance even though the calculations for an increased disturbance were disclosed to the Planning Commission and included for informational purposes. Section 2. The Planning Commission conducted a duly noticed public hearing on July 17, 2018 at its regular evening meeting. On August 21, 2018, the Planning Commission conducted a duly noticed public hearing by viewing the project in the field, opening the hearing to enable brief public testimony and continuing the meeting to the evening meeting of the Planning Commission on that same date. At the August 21, 2018 evening meeting, the Planning Commission provided direction to staff to prepare a resolution of approval for the proposed project. Neighbors within a 1,000-foot radius were notified of the public hearings and a notice was published in the Peninsula News on July 5, 2018 and August 9, 2018. The applicants and their agents were notified of the public hearings in writing by first class mail and the applicants and agents were in attendance at the hearing. Evidence was heard and presented from all persons interested in affecting said proposal, and from members of the City staff. Section 3. The property is zoned RAS-2 and the gross lot area is 2.0 acres. The net lot area is 1.25 acres or 54,332 square feet, which is considered legal nonconforming. The existing property is currently improved with an existing 4,895 square foot house, 555 square foot garage, 1,560 square foot stable, pool, and other miscellaneous structures Resolution No. 2018-12 9 Johns Canyon Mixed -Use Structure and Residential Addition -1- • • Section 4. The Planning Commission finds that the project is exempt from the California Environmental Quality Act, (CEQA) pursuant to Class 3, Section 15303 of the CEQA guidelines. Section 5. Conditional Use Permit. Section 17.16.040 of the Rolling Hills Municipal Code permits approval of a mixed -use structure with a Conditional Use Permit. The Planning Commission must consider applications for a Conditional Use Permit and may, with such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or to otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use. With respect to this request for a Conditional Use Permit to convert a 1,560 square foot stable to a mixed -use structure, the Planning Commission finds as follows: A. The proposed conditional use is consistent with the General Plan. The proposed mixed -use structure is more compatible with the existing land uses than the stable given the proximity of the structure to the residence, which is used for habitation and sleeping quarters. The project is consistent with the General Plan since it provides an area for a new stable set aside area reflecting the equestrian nature of the community. B. The nature, condition, and development of adjacent uses, buildings and structures have been considered, and the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. The current stable use is materially detrimental to the current main residence due to the proximity of the structures. The proposed mixed -use structure that would replace the stable, on the other hand, is more consistent with the main residence on the property. The proposed mixed -use structure is also located on a 2.0 acre lot and its general location is of sufficient distance from the nearby residences so as to not impact the view or privacy of surrounding neighbors. The proposed mixed -use structure will also be screened by existing landscaping which will further ensure that it does not adversely affect the neighboring structures. C. The site for the proposed conditional use is adequate size and shape to accommodate the use and building proposed. The proposed mixed -use structure is 1,560. square feet and is large enough to support a recreation room with storage. It also complies with the low profile residential development pattern of the community and will not give the property an over -built look. The lot is 2.0 gross acres and is sufficiently large to accommodate the proposed mixed -use structure. D. The proposed conditional use complies with all applicable development standards of the zone district. The mixed -use structure. complies with the Zoning Ordinance, including Section 17.12.130 and Section 17.16.210(A)(6) subject to the variance granted pursuant to this resolution. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. It will not affect any existing hazardous waste management facilities. Resolution No. 2018-12 9 Johns Canyon Mixed -Use Structure and Residential Addition -2- • • F. The proposed conditional use observes the spirit and intent of this title. The proposed mixed -use structure will provide the residence with a recreation room and storage area and remove a potential zoning code violation that stems from the proximity of the current stable structure to the residence. The proposed mixed -use structure complies with the zoning code in terms of area, height, use, and aesthetics. It will also comply with the setback requirement based on the variance granted in this resolution. The proposed recreation room component of the new mixed -use structure complies with the maximum allowable square footage for this site. The storage component also complies with the maximum allowable square footage. Section 6. Variances. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance granting relief from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity or zone. For the mixed -use structure, a variance from the requirements of Section 17.16.210(A)(6) (mixed -use structures cannot be located in the front yard) and from Section 17.16.110 (structures cannot be located in the front yard front yard setback) of the Zoning Ordinance is required. For the addition to the residence, a variance from the requirement of Section 17.16.110 (structures cannot be located in the front yard front yard setback) of the Zoning Ordinance is required. With respect to the aforementioned request for a variance, the Planning Commission finds as follows: 1. There are exceptional or extraordinary circumstances and conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone. The natural slope of the subject property the location of the building pad, and the shape of the lot constrain development. The current stable was granted a variance to be located in the front yard setback due to the oddly shaped lot. The same conditions warrant granting a variance to allow a conversion of the stable to a mixed -use structure in the front yard setback. The residential addition is located within the setback area because it is creating a master suite with one of the bedrooms of the house. This prevents it from being placed on another portion of the home. Further, placing the bathroom addition to the rear of the residence would require the owners to demolish the only covered porch on the property, an amenity enjoyed by most property owners in the City. 2. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and zone but which is denied to the property in question by strict application of the code. The variance is necessary to allow the mixed -use structure in the front yard setback. The stable was previously granted a variance to be located in the front yard setback. The proximity of the stable to the residence violates the code. Allowing the conversion of the stable to a mixed -use structure in the front yard setback is necessary to preserve the structure. The variance is necessary to provide the Applicant with a use for the building. Resolution No. 2018-12 9 Johns Canyon Mixed -Use Structure and Residential Addition -3- • • The variance to allow the addition to the residence to remain in the front yard setback is necessary to the preservation of the Applicant's property right since the placement of the addition is essential to preserving the only covered porch on the property, an amenity enjoyed by most property owners in the City. The residential addition is located within the setback area because it is creating a master suite with one of the bedrooms of the house. This prevents it from being placed on another portion of the home. 3. The granting of the variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity. The mixed -use structure in the front yard setback will not be detrimental to the public welfare or injurious to the properties or improvements in the vicinity because it will be blocked by a planter wall making it minimally visible from adjacent properties. Rather, it will be beneficial to the public welfare and other properties since more space will be provided between the residence and the stable bringing the property into code compliance. It will not negatively affect drainage or traffic circulation to and from the property. The variance to allow the addition to the residence to remain in the front yard setback would not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity because it is already built. Additionally, only a small portion of the addition extends into the front yard setback. The addition is cohesive when compared to the remainder of the residence. It will also not negatively affect drainage or traffic circulation to and from the property. 4. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed. The proposed mixed -use structure in the front yard setback will be within the spirit and intent of the Zoning Ordinance. It will not detrimentally affect the rural character of the community. The design of the mixed -use structure is orderly and attractive. The style is cohesive with the rural character and will match the construction of the residence. The portion of the addition to the residence in the front yard setback will also not detrimentally affect the rural character of the community. The addition is cohesive with the rural character of the City and the remainder of the residence. Additionally, even with the addition, the size of the residence is similar to or smaller than other nearby residences. Granting the variance to allow a portion of the addition to extend into the front yard setback will be within the spirit and intent of the Zoning Ordinance. 5. The variance will not grant special privilege to the applicant. The proposed mixed -use structure is bringing the property into code compliance since it is taking the place of a stable that is in the front yard setback which is too close to the residence. The proposed mixed -use structure in the front yard setback is usable as a recreation room and storage space. It is no longer usable as a stable. Granting the variance to allow a portion of the addition to the residence in the front yard will not grant a special privilege to the applicant. It is necessary in order to preserve the only covered porch on the property, an amenity enjoyed by most property owners in the City. The residential addition is located within the, setback area because it is creating a master suite with one of the bedrooms of the house. This prevents it from being placed on another portion of the home. Resolution No. 2018-12 9 Johns Canyon Mixed -Use Structure and Residential Addition -4- • • The size of the remodeled residence is similar to other remodeled and new residences in the area or smaller. 6. 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. The variance to allow the mixed -use structure in the front yard setback 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 because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. It will not affect any existing hazardous waste management facilities. The variance to allow a portion of the addition to the residence to extend into the front yard setback 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 because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. It will not affect any existing hazardous waste management facilities. 7. The variance is consistent with the General Plan of the City of Rolling Hills. Although the variance will allow a mixed -use structure in the front yard area, it will allow the property owner to make use of the existing stable structure. It will also bring the property into code compliance since the mixed -use structure can no longer be used as a stable due to the proximity of the stable to the addition to the residence. Accordingly, the project is still in line with the General Plan's requirement of low profile, low -density residential development with sufficient open space between surrounding structures. Finally, even though the stable is being converted to a mixed -use structure, the project provides for a stable set aside, which is in line with the City's General Plan's focus on an equestrian community. . The variance to allow a portion of the addition to the residence to extend into the front yard setback is consistent with the General Plan. Even with the addition, the size of the residence is similar to or smaller than other nearby residences. It meets the General Plan's requirement of low profile, low -density residential development with sufficient open space between surrounding structures and maintaining sufficient setbacks to provide buffers between residential uses; only a small portion of the addition extends into the front yard setback. There is still sufficient space in the setback to buffer the property's residential use from other neighboring residences. Section 7. Based upon the foregoing findings, and the evidence in the record, the Planning Commission hereby approves Applicant's requests in Zoning Case No. 939for a conditional use permit to the convert the stable to a 1,560 square foot mixed -use structure and two variances to allow a portion of the mixed -use structure to be located in the front yard setback and a portion of the 385 square foot addition to be located in the front yard setback, subject to the following conditions: A. This approval shall expire within two years from the effective date of approval unless the approval granted is otherwise extended pursuant to the requirements of RHMC Sections 17.42.070 and 17.38.070. Resolution No. 2018-12 9 Johns Canyon Mixed -Use Structure and Residential Addition -5- • • B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed, if any, on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted, the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the RHMC. C. All requirements of the Building 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. Construction fencing may be required. D. The lot shall be developed and maintained in substantial conformance with the site plan on file received on July 12, 2018 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the CUP and Variance approvals shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. The conditions of approval of this Resolution shall be printed onto building plans submitted to the Building Department for review and shall be kept on site at all times. Any modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed and approved by staff prior to implementing the changes. E. Prior to submittal of final working drawings to Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects Resolution No. 2018-12 9 Johns Canyon Mixed -Use Structure and Residential Addition -6- • • to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. Structural lot coverage of the lot shall not exceed 9,131 square feet or 16.81 % of the net lot area, in conformance with lot coverage limitations (20% maximum). The structural coverage on the building pad shall not exceed 8,556 square feet or 56.08%. The total lot coverage proposed, including structures and flatwork, shall not exceed 13,648 square feet or 25.12%, of the net lot area, in conformance with lot coverage limitations (35% max). H. Balanced grading of 100 cubic yards will be done for over -excavation and compaction shall take place for the proposed project. The disturbedarea of the lot, including the approved stable and corral set aside shall not exceed 65.27%, excluding the set aside area shall not exceed 62.55%. I. A minimum of five-foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of all structures, or as otherwise required by the Fire Department. J. The mixed -use structure shall not be used as habitable space, and may not have a kitchen, and shall meet all of the requirements of Section 17.16.210(6). K. The finished roof height of the proposed improvements shall not exceed 16 feet at the highest ridgeline. L. The property on which the project is located shall contain an area of minimum of 1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and corral (550 square feet) with access thereto. M. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, roofing and material requirements of properties in the Very High Fire Hazard Severity Zone. N. All utility lines to the mixed -use structure and residence shall be placed underground, subject to all applicable standards and requirements. O. A drainage plan, if required by the Building Department, shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to LA County Code requirements. O. If applicable, the new landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance (Chapter 13.18of the RHMC). Resolution No. 2018-12 9 Johns Canyon Mixed -Use Structure and Residential Addition -7- • • P. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain marked throughout the construction. The silhouette (story poles) shall be taken down and removed from the property immediately upon completion of the review process of the project. Q. Any construction facility, such as a construction trailer/office or portable toilets, to a maximum extent practicable, shall be located in a manner not visible from the street, and be in a location satisfactory to City staff. R. Minimum of 65% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permits for waste hauling prior to start of work and provide proper documentation to the City. S. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local .ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. T. 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, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. U. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: httpWwww.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. V. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management. Further the property owners shall be required to conform to the County Health Department requirements for a septic system, if a new septic system is required. W. Prior to finalizing the project an "as constructed" set of plans and certifications, including certifications of ridgelines of the structure, shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the approved plans. In addition, any modifications made to the project during construction, shall be depicted on the "as built" plan. X. Construction vehicles or equipment, employees vehicles, delivery trucks shall not impede any traffic lanes to the maximum extend practical; and if necessary to block traffic in order to aid in the construction, no more than a single lane may be blocked for a short period of time and flagmen utilized on both sides of the impeded area to direct traffic. Resolution No. 2018-12 9 Johns Canyon Mixed -Use Structure and Residential Addition -8- • • Y. The applicant must screen the proposed mixed -use structure by maintaining adequate landscaping to screen it from Johns Canyon Road and any new trees or shrubs, shall not at any time during growth be higher than the ridgeline of the existing ridgeline of the residence. Z. The loft in the existing stable will remain once the building is converted to mixed -use. However, the staircase leading to the loft shall be removed and the loft area shall be converted to attic space, per the City's definition: "Storage area" means space within a building or structure, including attics, used for storing of items. It includes spaces located below or above a story and may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall not have doors to the exterior, window openings, heating or air conditioning'. AA. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall be recorded together with the resolution. PASSED, APPROVED AND ADOPTED THIS 25TH DA,Y OF SE P MBER 2018. %BRAD CHELF, CHAT AN ATTEST: 41/alt—Wa _ YVC•1"1'E HALL, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on -this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. Resolution No. 2018-12 9 Johns Canyon Mixed -Use Structure and Residential Addition -9- s • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2018-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT TO CONVERT THE EXISTING 1,560 SQUARE FOOT STABLE TO A MIXED -USE STRUCTURE; AND TWO VARIANCES FOR A 24 FOOT ENCROACHMENT INTO THE FRONT YARD SETBACK WITH A 330 SQUARE FOOT ADDITION TO THE RESIDENCE AND WITH A MIXED -USE STRUCTURE IN ZONING CASE NO. 939 AT 9 JOHNS CANYON ROAD, LOT 170-A-1-MS, (DAVID STONE). was approved and adopted at a regular meeting of the Planning Commission on September 25, 2018 by the following roll call vote: AYES: CARDENAS, COOLEY, SEABURN, AND CHAIR CHELF. NOES: NONE. ABSENT: NONE. ABSTAIN:. KIRKPATRICK. and in compliance with the laws of California was posted at the following: Administrative Offices. HALL, CITY CLERK Resolution No. 2018-12 9 Johns Canyon Mixed -Use Structure and Residential Addition -10- •