158, Construct a new 1200 sq ft bar, Resolutions & Approval ConditionsRECORDING REQUESTED BY ANC
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
041'.4I2 14,
*20140424031`
+ RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
ZONING CASE NO. 845 (SEE EXHIBIT A -ATTACHED)
XX SITE PLAN REVIEW XX CONDITIONAL USE PERMIT XX VARIANCE
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
12 JOHNS CANYON ROAD, (LOT 170-A-MS) ROLLING HILLS, CA 90274
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said case:
ZONING CASE NO. 845
XX SITE PLAN REVIEW XX CONDITIONAL USE PERMIT XX VARIANCE
I (We) certify (or decl under th pena ' of perjury that the foregoing is true and correct.
Signature /�c k C y, Signature
ei�Q� (/ G c �� � L
Name t pew printed Name typed or printed
Address _ Address
City/State
City/State
• •
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On I 2f4 201 L/ before me,
SOSha 3pr-4;n:— A)n-env/
(Insert Name of Notary Public and Title)
Pv b l C
Personally
appeared \-2)errnrrSIN/ -1-I1
who proved to me on the basis of satisfactory evidence to be the personV whose name is/)ate
subscjbed to the within instrument and acknowledged to mm that he/ spie/ t y executed th same in
his/ r/t r authorized capacity((s')and that by his/ h,ef /their signature on the instrument the
person(,$)'or the entity upon behalf of which the person acted, executed e instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand and official seal.
Signature of Notary \ Gk. ( Seal)
SASHA SARTINI
COMM. #1975017 —I •
NOTARY PUBLIC • CALIFORNIA g
LOS ANGELES COUNTY "
L,�L Commission Expires MAY 8, 2016
xtiti
RESOLUTION NO. 2013-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT AND SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A STABLE WITH CORRAL AND GRANTING A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE
OF THE LOT IN ZONING CASE NO. 845 AT 12 JOHNS CANYON
ROAD, (LOT 170-A-7MS), (SMITH). THE PROJECT HAS BEEN
DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Mr. Jack Smith with respect to real
property located at 12 Johns Canyon Road (Lot 170-A-7MS), Rolling Hills, CA requesting
a Conditional Use Permit to construct a 1,200 square foot one story stable and 1,200
square foot corral, Site Plan Review for grading of total of 340 cubic yards of dirt and a
Variance to exceed the maximum permitted disturbance of the lot. The proposed stable
and corral will be located 25-feet from the rear property line. Pursuant to the Zoning
Ordinance, stables and corrals may be located 25-feet from the rear property line.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on September 17, 2013 and October 15, 2013 and at a field trip
visit on October 15, 2013. The applicants and neighbors were 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 Commission having reviewed, analyzed and studied said proposal. The
applicants' representatives and one neighbor were in attendance at the hearings.
Section 3. The property is zoned RAS-2 and consists of 2.00 acres gross in area
and is located at the corner of Morgan Lane and Johns Canyon Road, with two roadway
easements comprising 0.65 acres. The entire Morgan Lane roadway easement (50' wide)
plus additional 10' easement to the Rolling Hills Community Association is located on
subject property. The net lot area for construction purposes, as measured by the City, is
48,991 square feet or 1.12 acres. The property is currently developed with a 4,624 square
foot new residence with 704 square foot garage, 512 square foot swimming pool/spa,
1,069 square foot guest house and service yard.
Section 4. The Planning Commission finds that the project qualifies as Class 3
exemption from environmental review under the California Environmental Quality Act.
Section 5. Section 17.18 of the Rolling Hills Municipal Code permits approval
of a stable over 200 square feet and a corral over 550 square feet, provided the Planning
Reso. 2013-16 1
12 Johns Canyon Rd.
Commission approves a Conditional Use Permit. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. Conditionally permitted uses are not outright permitted by the Rolling
Hills Municipal Code. The Commission must consider applications for conditional use
permit and may, with such conditions as are deemed necessary, approve a conditional
use which will not jeopardize, adversely affect, endanger or to otherwise constitute a
menace to the public health, safety or general welfare or be materially detrimental to the
property of other persons located in the vicinity of such use.
B. The granting of a Conditional Use Permit for the construction of the stable
and corral 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 stable and corral,
and the area is located in an area on the property that is adequately sized to
accommodate the stable and adjoining corral. The proposed structure is appropriately
located in that it will be sufficiently separated from nearby structures used for habitation
or containing sleeping quarters.
C. The nature, condition, and development of adjacent structures have been
considered, and the project will not adversely affect or be materially detrimental to these
adjacent uses, buildings, or structures because the proposed stable and corral orientation
is not 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. The
proposed stable and corral are to be located largely on an already graded area, therefore
preserving the natural terrain of the remaining of the property.
D. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the stable complies with the low profile
residential development pattern of the community and will not give the property an
over -built look, and the corral area will remain open and unobstructed. The lot is 2.12
acres net in size and is sufficiently large to accommodate the proposed structure.
E. The proposed conditional use complies with all applicable development
standards of the zone district and requires a Conditional Use Permit pursuant to Section
17.18 of the Zoning Ordinance.
F. 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.
Section 6. 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
Reso. 2013-16 2
12 Johns Canyon Rd.
the property owner substantial property rights enjoyed by other properties in the same
vicinity and zone. A Variance to Section 17.16.070 (B) is required because it states that
the lot disturbance shall be limited to 40.0% of the net lot area. The applicant seeks a
variance from this requirement because the proposed disturbance will be 82.8%. 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 this property that do not apply generally to the other properties in the same
zone. The property is unique in that the rear pad was created in the past but nothing was
constructed there. In addition, the lot is encumbered by two roadway easements, where
an entire street (Morgan Lane) consisting of 50' in width, plus additional 10' easement to
the RHCA is located on subject property, thus, greatly diminishing the net lot area of the
lot. 79.7% of the lot is currently disturbed. The additional 3.14% disturbance is minimal
and is to create access to the stable and corral from the street.
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 would be denied to the property in question absent a variance. Many of the
homes in the area are developed with stables and other accessory uses, and the area
proposed for grading, a large portion of which is already relatively flat, is conducive to
such development, as there is no other area on the lot where a stable may be located with
less grading and disturbance.
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. Significant portions of the lot will be left undeveloped so as
to maintain open space on the property. The additional graded area is on a portion of the
lot which is not intrusive to surrounding properties, and will be screened and landscaped
with trees and shrubs from nearby residences and from the street so that the as graded
condition will not impact the view or privacy of surrounding neighbors, and will permit
the owners to enjoy their property without deleterious infringement on the rights of
surrounding property owners.
D. 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 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.
E. 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 where the lots have been
previously graded and which exceed the maximum permitted disturbance. Unique
Reso. 2013-16 3
12 Johns Canyon Rd.
circumstances applicable to the subject property make it infeasible for the property owner
to comply with Section 17.16.070.
F. 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.
Section 7. Section 17.46.030 requires a development plan to be submitted for
Site Plan Review and approval before any grading requiring a grading permit or any
building or structure may be constructed. With respect to the Site Plan Review
application for the grading for access to the stable and corral, the Planning Commission
finds as follows:
A. The proposed development is compatible with the General Plan, the Zoning
Ordinance and surrounding uses because the proposed project complies with the General
Plan requirement of low profile, low -density residential development with sufficient
open space between surrounding structures. The development conforms to Zoning Code
setbacks and lot coverage requirements, except for the disturbed area. The proposed
project is screened from the road so as to reduce the visual impact of the development.
Although the disturbed are will exceed the maximum permitted, it is partially required
for the stable, which is a requirement of the City that every lot be developed with a stable
and corral or an area set aside for a future stable and corral be provided on a lot that was
previously disturbed.
B. The development plan substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage because the new structure will not cause
the lot to look overdeveloped. The applicant is utilizing an area of the lot that was
previously graded. The applicant revised his application to reduce impact on the
property owner to the west. Significant portions of the lot will be left undeveloped so as
to maintain open space on the property. The structures will be, screened. The nature,
condition, and development of adjacent uses, buildings, and structures and the
topography of the lot have been considered, and the construction will not adversely affect
or be materially detrimental to the adjacent uses, buildings, or structures because the
proposed structures will be constructed on a portion of the lot which is least intrusive to
surrounding properties, will be screened and landscaped with trees and shrubs, is of
sufficient distance from nearby residences and will substantially utilize the existing
relatively flat area for the new construction.
C. The proposed activity is compatible with the General Plan and the Zoning
Ordinance. The Land Use Element of the General Plan establishes the maintenance of
strict grading practices to preserve the community's natural terrain. The Building Code
and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import
or export of soil, except under special circumstances applicable to a property and with a
discretionary permission by the Planning Commission. The project conforms to the
grading requirements and Zoning Code setbacks.
Reso. 2013-16 4
12 johns Canyon Rd.
D. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The lot coverage
maximum set forth in the Zoning Code will not be exceeded and the proposed project is
consistent with the scale of the neighborhood and will substantially utilize the existing
relatively flat area for the new construction.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
development will utilize a narrow, new driveway approach which will not be entirely
paved and which was approved by the Traffic Commission
F. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 8. Based upon the foregoing findings in Section 5, 6 and 7, the Planning
Commission hereby approves Zoning Case No. 845 a Conditional Use Permit for a stable
and corral, a Site Plan for grading and a Variance to exceed the maximum permitted
disturbance of the lot, subject to the following conditions:
A. The Conditional Use Permit, Site Plan and Variance approvals shall expire
within two years from the effective date of approval as defined in Sections 17.38.070
17.46.080 and 17.42.070, unless otherwise extended pursuant to the requirements of these
sections.
B. It is declared and made a condition of this approval that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has been given written 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 conditions of approval specified herein shall be printed on the
construction plans submitted to the buidling department for plan check and permitting
and shall be available at all time at the construction site.
E. The lot shall be developed and maintained in substantial conformance with
the site plan on file dated October 29, 2013 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 Site Plan, Variance and CUP approvals, herein as applicable, shall be incorporated
Reso. 2013-16 5
12 Johns Canyon Rd.
into the building permit working drawings and complied with prior to issuance of a
building permit from the building department.
F. 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.
G. The licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects 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.
H. Structural lot coverage of the lot shall not exceed 8,521 square feet or 17.4%
of the net lot area, in conformance with lot coverage limitations (20% maximum). The
size of the structure (1,200 sq.ft.) shall be measured from the exterior surface of the
outside walls.
I. The total lot coverage proposed, including structures and flatwork, shall
not exceed 13,603 square feet or 27.8%, of the net lot area, in conformance with lot
coverage limitations (35% max).
J. Grading for this project shall not exceed 340 cubic yards total (cut and fill).
K. The stable building pad is 2,738 square feet and the coverage on this pad
shall not exceed 43.8%.
L. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), and roof covering (RHMC
17.16.190), as well as all other development standards.
M. All utility lines to the stable shall be placed underground.
N. 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 County Code requirements.
O. The stable uses, interior and exterior design are subject to the requirements
of Section 17.18.060 of the RH Zoning Ordinance. The surface of the corral, paddock and
areas adjacent to the agricultural portion of the stable shall remain permeable at all
times.
Reso. 2013-16 6
12 Johns Canyon Rd.
P. As approved by the Traffic Commission, the first 20' of the driveway shall
not exceed 7% in slope, with the remaining driveway not to exceed 25% in slope; the
driveway approach shall be roughened and the driveway shall not be entirely paved.
Q. To the maximum extend practicable, retain the large Eucalyptus tree
located along Morgan Lane in the vicinity of the proposed access to the stable. In
addition, if trees or shrubs are planted with this project, they shall be of a type that do
not grow higher than the ridge line of the stable and shall be maintained at such height
at all times, so that not to impair neighbors' view. The landscaping, if planted, shall
include native drought -resistant vegetation and be planted in an offset manner so that
not to result in a hedge like screen.
R. The project shall be screened from the adjacent property owners at all
times. The existing vegetation along the west property line shall remain, and if removed
or die, the area must be replanted so that it provides a constant screen between the
properties.
S. Construct a three rail fence with gates to contain horses in the stable and
corral area.
T. 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, except as
otherwise approved by the Rolling Hills Community Association.
U. 50% of any construction materials 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.
V. 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.
W. 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.
X. 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. The stable bathroom facility shall be connected to the
existing sewer line on the property.
Reso. 2013-16 7
12 Johns Canyon Rd.
Y. 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.
Z. 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.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF NOVEMBER 2013.
D CHEL,, CHAIRMAN
ATTEST. ,
HEIDI LUCE, CITY CLERK
Reso. 2013-16 8
12 Johns Canyon Rd.
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2013-16 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT AND SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A STABLE WITH CORRAL AND GRANTING A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE
OF THE LOT IN ZONING CASE NO. 845 AT 12 JOHNS CANYON
ROAD, (LOT 170-A-7MS), (SMITH). 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 19, 2013 by the following roll call vote:
AYES: Commissioners Mirsch, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Gray (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices
cN9A(%auccu
HEIDI LUCE, CITY CLERK
Reso. 2013-16 9
12 Johns Canyon Rd.
MEMORANDUM TO RECUSE
TO: Honorable Chairman and Members of the Planning Commission
FROM: Heidi Luce, Deputy City Clerk
SUBJECT: Zoning Case No. 845 -12 Johns Canyon Road
DATE: September 17, 2013
Due to the proximity of his property to the subject property, Commissioner Gray
should recuse himself from consideration of Zoning Case No. 845 at 12 Johns Canyon
Road. He may however, participate as a resident.
•
Raaoto qtela
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No: 7A
Mtg. Date: 09-17-13
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 845
12 JOHNS CANYON ROAD, (LOT 170-A-7 MS)
RA-S-2, 2.00 ACRES GROSS
MR. JACK SMITH
BOLTON ENGINEERING
SEPTEMBER 5, 2013
REQUEST AND RECOMMENDATION
1. The applicant, Mr. Smith, requests a Conditional Use Permit to construct a 1,200
square foot one story stable with 1,265 square foot corral and a Site Plan Review for 340
cubic yards of grading. A Variance is requested to exceed the maximum permitted
disturbance on the lot. 79.7% of the lot has been previously disturbed. The proposal
entails additional 3.14% disturbance for a total disturbance of 82.8% of the net lot area.
A new driveway approach from Morgan Lane is also proposed to serve the stable. The
Traffic Commission will review the driveway on September 26, 2013.
2. It is recommended that the Planning Commission review the staff report, take
public testimony and schedule a field trip to view the project in the field.
BACKGROUND
3. The property is zoned RAS-2 and consists of 2.00 acres gross. It is located on the
corner of Morgan Lane and Johns Canyon Road, with two roadway easements
comprising of 0.65 acres. The entire Morgan Lane roadway easement (50' wide) is
located on subject property. The net lot area of the lot for construction purposes is
48,991 square feet or 1.12 acres. The property is accessed from Johns Canyon Road.
C�
~ •
4. The property is developed with a 4,624 square foot single family residence with
704 square foot garage and 232 square foot covered porch; a 1,069 square foot guest
house, which was approved in 1979, 512 square foot swimming pool, 90 square foot
pool equipment area and a service yard.
5. The area creating this lot and six others was subdivided in 1973, prior to the
construction of Morgan Lane. An 8' wide slope easement to the City of Rolling Hills
was required at that time in anticipation of future subdivision and construction of a
street. The applicants will be submitting a request to the City Council to vacate the
slope easement. The slope easement has no effect on the proposed construction.
MUNICIPAL CODE COMPLIANCE
6. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over
550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter
17.18. The proposed stable will be one story, and will consist of 2 stalls, 2 open feed
rooms, storage room, tack room and a center isle between the uses. The corral is proposed
to be 1,265 square feet.
Pursuant to the zoning code requirements the following is applicable to this request:
REQUIREMETNS
Not less than 6' wide roughened access
Stable, corral not to be located on slopes
greater than 4:1
Not in front yard or side or front setback.
May be located up to 25' in rear setback.
Min. 35' from any residential structure
Building to be designed for rural and agricultura.'
uses only, but may include storage of vehicles
and household items
Size to include the entire footprint including loft,
if any
Minimum of 60% shall be maintained for
agricultural uses
Maximum of 40% not to exceed 800 s.f. may be
maintained for a tack room
Tack room may have sanitary and kitchen
amenities
Tack room may have glazed openings
Entry doors to agricultural space to be min.
4'wide & 8' high; appearance of a stable door
PROPOSED
Proposed 12' wide access from Morgan
Lane. Will not be entirely paved. Traffic
Commission to review access.
Minor grading is required; consisting of 120
c.y. cut and 120 c.y. fill with 50 c.y over
excavation and 50 c.y. compaction
Stable and corral comply. To be located no
closer than 25' to the rear setback.
Over 35' to residential structure -on subject
property & xx' to neighbor's house
Building is proposed to look like a stable
and be sued for a stable
1,200 sq.ft.; no loft is proposed
Center isle -400 sq.ft.
Agricultural spaces, including feed and
center isle will be 87.5%
Tack room comprises 150 sq.ft. or 12.5% of
the structure
Currently not proposed
Windows in tack room
To comply- to be reviewed by the
Architectural Committee.
Maximum height of the stable is proposed
ZC NO. 845
• .. •
I to be 14 feet.
Loft may be permitted over the agricultural spacl No loft
Loft plate height may not exceed 7' No loft
Exterior area of stables may not to be paved Proposed gravel or D.G.
Corral shall be fenced Proposed fenced corral
Access not to exceed 25% I Access proposed bt. 2% and 16% grade
Corral to be contiguous to stable. Planning 1,265 s.f. corral contiguous to stable.
Commission may determine the size of a coral
based on the size of the stable
Commercial uses or sleeping is not allowed I Applicant is not proposing any commercial
uses or sleeping in the stable
7. The net lot area of the lot is 48,991 square feet. The structural lot coverage
proposed is 8,521 square feet or 17.4% of the net lot area, which includes all of the
structures- (20% maximum permitted). The total lot coverage proposed, including
structures and flatwork is proposed to be 13,603 square feet or 27.8% of the net lot area,
(35% maximum permitted).
8. The residential building pad is 9,582 square feet. Coverage on this pad will
remain at 65.2%. The 2,800 square foot guest house pad has coverage of 38.2% and the
proposed stable pad will be 3,128 square feet and will have coverage of 38.4%.
9. Drainage from the stable will be discharged towards Morgan Lane. A drainage
plan will be required at the Building Department submittal stage.
10 A not to exceed 3' wall, ranging from a curb to 3 feet is proposed at the limits of
the stable pad area. Staircase from the stable pad to the residential pad is also proposed.
11. 79.7% of the lot was previously disturbed. Therefore, the previous disturbance of
the lot is legal, nonconforming. Once the project is constructed (if approved), the
disturbance of the lot will be 82.8%, which requires a Variance. Grading will consist of
120 cubic yards of cut and 120 cubic yards of fill, to even out the building pad area and
for the driveway. 50 cubic yards are expected to be over -excavated and 50 cubic yard re -
compacted for the project. The dirt will be balanced on site. The applicants are utilizing
a previously graded play area as the main stable pad, requireing minimal additional
disturbance.
12. The 1979 guest house plan shows a stable set aside area in the south western
portion of the lot; above Morgan Lane. However, a flat area for a playground was
created further north of the set aside area, which the applicant wishes to utilize for he
stable and corral.
13. In response for justification for the Variance request to exceed the disturbed area,
the applicant's representative state that a large portion of the lot is encumbered by
roadway easements, including the entire width of Morgan Lane easement, which
reduces the net lot area by large amount. Also the lot was significantly disturbed
previously, and the additional 3.14% disturbance is minimal for construction of a stable.
ZC NO. 845 �c�
• •
The applicants' representative further states that the corral and stable are well away
from any adjacent habitable structure and not readily visible from any adjacent
property, therefore will not negatively affect adjacent properties. The applicants will
utilize to maximum extent practicable the already existing flat area in the rear of the
house where a play area exists.
14. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
15. When reviewing a development application the Planning Commission must
consider whether the proposed project meets the criteria for CUP, Site Plan Review and
Variance of the Zoning Code.
ZONING CASE NO. 845
DEVELOPMENT STANDARDS
RA-S-2 ZONE SETBACKS
Front: 50 ft. front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
STRUCTURES
(Site Plan Review required for
new structures and 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).
STRUCTURAL
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE
RESIDENTIAL
(30% maximum guideline)
GUEST HOUSE
STABLE
EXISTING
RESIDENCE, GUEST HOUSE
& POOL
Residence
Garage
Stable
Service
Pool/spa
Pool eqpm.
Porches
Guest house
TOTAL
LOT 14.94%
4624 sq.ft
704 sq.ft
0 sq.ft.
96 sq.ft
512 sq.ft.
90 sq.ft.
232 sq.ft
1069 sq.ft
7,321 sq.ft
11,466 sq.ft. or 23.4%
9,582 sq.ft. pad, 62.8%
2,800 sq.ft.pad, 38.2%
3,087 sq.ft. existing pad
PROPOSED
STABLE
Residence
Garage
Stable
Service
Pool/spa
Pool eqpm.
Porches
Guest house
4624 sq.ft
704 sq.ft
1200 sq.ft.
96 sq.ft
512 sq.ft.
90 sq.ft.
232 sq.ft
1069 sq.ft
TOTAL 8,521 sq.ft.
8,521 sq. ft or 17.4% of 48,991
sq.ft. net lot area
13,603 sq. ft or 27.8% of 48,991
sq.ft. net lot area
9,582 sq.ft. pad, 62.8%
2,800 sq.ft.pad, 38.2%
3,128 sq.ft., 38.4%
ZC NO. 845
GRADING
Site plan review required if
excavation and/or fill or
combination thereof is more than
3 feet in depth and covers more
than 2,000 sq. ft. 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 nongraded
area where impervious surfaces
exist.)
STABLE (minimum 450 sa. ft.)
CORRAL (minimum 550 sa. ft.)
STABLE ACCESS
ACCESSWAY
VIEWS
PLANTS AND ANIMALS
N/A.
79.7% of lot was previously
disturbed
N/A
N/A
Existing from Chestnut Ln.
Planning Commission
I Planning Commission
340 cubic yards total;
120 c.y. cut; 120 c.y. fill and 100
c.y. over excavation and re -
compaction
82.8% of 48,991 sq.ft. net lot
area
1,200 sq.ft. stable; 1,265 sq.ft.
corral
New -from Morgan Lane
Existing from Johns Canyon
Planning Commission review
Planning Commission review
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City's General Plan; incorporates environmentally and aesthetically
sensitive grading practices; preserves existing mature vegetation; is compatible and consistent
with the scale, massing and development pattern in the immediate project vicinity; and
otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and
policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the
natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to the
greatest extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site
and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect
drainage flow, unless such flow is redirected into an existing drainage course;
ZC NO. 845 ��
•
•
7. The project preserves surrounding native vegetation and mature
trees and supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a buffer or
transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and
safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California
Environmental Quality Act.
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.
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 use observes the spirit and intent of this title.
ZC NO. 845
• •
Ra 1,14,9 qe "14
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item: 4-A
Mtg. Date: 11-25-13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
THROUGH: RAYMOND R. CRUZ, CITY MANAGER (7
SUBJECT: RESOLUTION NO. 2013-16. A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A
CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A STABLE WITH CORRAL AND GRANTING A VARIANCE
TO EXCEED THE MAXIMUM FERMI t i tU DISTURBANCE OF THE LOT IN
ZONING CASE NO. 845 AT 12 JOHNS CANYON ROAD, (LOT 170-A-7MS), (SMITH).
THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
RECOMMENDATION AND PLANNING COMMISSION ACTION
1. It is recommended that the City Council receive and file this report or provide
other direction to staff.
2. The property owner, Mr. Jack Smith requested a Conditional Use Permit to
construct a 1,200 square foot one story stable and 1,265 square foot corral, Site Plan
Review for grading of total of 340 cubic yards of dirt and a Variance to exceed the
maximum permitted disturbance of the lot. The proposed stable and corral will be
located 25-feet from the rear property line. Pursuant to the Zoning Ordinance, stables
and corrals are allowed to encroach up to 25 feet into the required 50-foot rear yard
setback. A new driveway is proposed, which was reviewed by the Traffic Commission.
3. The Planning Commission approved the project unanimously by those
Commissioners present. Commissioner Gray was recused due to proximity of his
property to subject site. The Planning Commission adopted the enclosed Resolution,
finding the construction of the stable and corral would be consistent with the purposes
and objectives of the Zoning Ordinance and General Plan because the use is consistent
•
with City's goals to promote agriculturaluses, the area is located in an area on the
property that is adequately sized to accommodate the stable and corral and is it will be
sufficiently separated from nearby structures used for residences, and that the
additional 3.1% exceedance of the lot disturbance is minimal.
4. Attached is a Resolution with standard findings and facts, including conditions
specific to this project as follows:
• The access to the stable shall not be entirely paved and be roughened.
• Fence in the entire area where the horses will be kept to prevent them from
wondering out into the street or the house.
• Screen the project and maintain the landscaping between neighbors.
BACKGROUND
5. The property is zoned RAS-2 and consists of 2.00 acres gross. It is located on the
corner of Morgan Lane and Johns Canyon Road, with two roadway easements
comprising 0.65 acres. The entire Morgan Lane roadway easement (50' wide) is located
on subject property. The net lot area of the lot for construction purposes is 48,991 square
feet or 1.12 acres.
6. The property is developed with a 4,624 square foot single family residence with
704 square foot garage and 232 square foot covered porch; a 1,069 square foot guest
house, which was approved in 1979, 512 square foot swimming pool, 90 square foot
pool equipment area and a service yard.
7. The areacreating this lot and six others was subdivided in 1973; prior to the
construction of Morgan Lane. An 8' wide slope easement to the City of Rolling Hills
was required at that time in anticipation of future subdivision and construction of a
street. The applicants may in the future submit a request to the City Council to vacate
the slope easement. The slope easement has no effect on the proposed construction.
MUNICIPAL CODE COMPLIANCE
8. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over
550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter
17.18. The proposed stable will be one story, and will consist of 2 stalls, 2 open feed
rooms, storage room, tack room and a center isle between the uses. The corral is proposed
to be 1,265 square feet.
Pursuant to the zoning code requirements the following is applicable to this request:
REQUIREMETNS PROPOSED
Not less than 6' wide roughened access Proposed 12' wide access from Morgan
Stable, corral not to be located on slopes
greater than 4:1
Lane. Will not be entirely paved. Traffic
Commission reviewed the access.
Minor grading is required; consisting of 170
c.y. cut and 170 c.y. fill with 50 c.y over
excavation and 50 c.y. compaction
ZC NO. 845
•
Not in front yard or side or front setback.
May be located up to 25' in rear setback.
Min. 35' from any residential structure
Building to be designed for rural and agricultura
uses only, but may include storage of vehicles
and household items
Size to include the entire footprint including loft,
if any
Minimum of 60% shall be maintained for
agricultural uses
Maximum of 40% not to exceed 800 s.f. may be
maintained for a tack room
Tack room may have sanitary and kitchenette
amenities
Tack room may have glazed openings
Entry doors to agricultural space to be min.
4'wide & 8' high; appearance of a stable door
Loft may be permitted over the agricultural spact
Loft plate height may not exceed 7'
Exterior area of stables may not to be paved
Corral shall be fenced
Access not to exceed 25%
Corral to be contiguous to stable. Planning
Commission may determine the size of a coral
based on the size of the stable
Commercial uses or sleeping is not allowed
Stable and corral comply. To be located no
closer than 25' to the rear setback.
Over 35' to residential structure -on subject
property & over 80' to neighbor's house
Building is proposed to look like a stable
and be used for a stable
1,200 sq.ft.; no loft is proposed
Center isle -400 sq.ft.
Agricultural spaces, including feed and
center isle will be 87.5%
Tack room comprises 150 sq.ft. or 12.5% of
the structure
Currently not proposed
Windows in tack room
To comply- to be reviewed by the
Architectural Committee.
Maximum height of the stable is proposed
to be 14 feet.
No loft
No loft
Proposed gravel or D.G.
Proposed fenced corral
Access proposed bt. 2% and 16% grade
1,265 s.f. corral contiguous to stable.
Applicant is not proposing any commercial
uses or sleeping in the stable
9. The net lot area of the lot is 48,991 square feet. The structural lot coverage
proposed is 8,521 square feet or 17.4% of the net lot area, which includes all of the
structures- (20% maximum permitted). The total lot coverage, including structures and
flatwork is proposed, to be 13,603 square feet or 27.8% of the net lot area, (35%
maximum permitted).
10. The residential building pad is 9,582 square feet. Coverage on .this pad will
remain at 62.8%. The 2,800 square foot guest house pad has coverage of 38.2% and the
proposed stable pad will be 2,738 square feet and will have coverage of 43.8%.
11. Drainage from the stable will be discharged towards Morgan Lane. A drainage
plan will be required at the Building Department submittal stage.
12. A not to exceed 3' wall, ranging from a curb to 3 feet is proposed at the limits of
the stable pad area. Staircase from the stable pad to the residential pad is also proposed.
ZC NO. 845
•
410
13. 79.7% of the lot was previously disturbed. Therefore, the previous disturbance of
the lot is legal, nonconforming. Once the project is constructed (if approved), the
disturbance of the lot will be 82.8%, which requires a. Variance. Grading will consist of
170 cubic yards of cut and 170 cubic yards of fill, to even out the building pad area and
for the driveway. 50 cubic yards are expected to be over -excavated and 50 cubic yard re -
compacted for the project. The dirt will be balanced on site. The applicants are utilizing
a previously graded play area as the main stable pad, requireing minimal additional
disturbance.
14. The 1979 guest house plan shows a stable set aside area in the south western
portion of the lot; above Morgan Lane. A flat area for a playground was created further
north of the set aside area. The applicant proposes to utilize a portion of that area for
this project.
15. In response for justification for the Variance request to exceed the disturbed area,
the applicant's representative state that a large portion of the lot is encumbered by
roadway easements, including the entire width of Morgan Lane easement, which
reduces the net lot area by large amount. Also the lot was significantly disturbed
previously, and the additional 3.14% disturbance is minimal for construction of a stable.
The applicants' representative further states that the corral and stable are well away
from any adjacent habitable structure and not readily visible from any adjacent
property, therefore will not negatively affect adjacent properties. The applicants will
utilize to maximum extent practicable the already existing flat area in the rear of the
house where a play area exists.
16. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
17. When reviewing a development application the Planning Commission must
consider whether the proposed project meets the criteria for CUP, Site Plan Review and
Variance of the Zoning Code.
ZC NO. 845
ZONING CASE NO. 845
DEVELOPMENT STANDARDS
RA-S-2 ZONE SETBACKS
Front: 50 ft. front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
STRUCTURES
(Site Plan Review required for
new structures and 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).
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE
RESIDENTIAL
(30% maximum guideline)
GUEST HOUSE
STABLE
GRADING
Site plan review required if
excavation and/or fill or
combination thereof is more than
3 feet in depth and covers more
than 2,000 sq. ft. 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 nongraded
area where impervious surfaces
exist.)
STABLE (minimum 450 sa. ft.).
CORRAL (minimum 550 sa. ft.)
STABLE ACCESS
ACCESSWAY
VIEWS
PLANTS AND ANIMALS
EXISTING
RESIDENCE, GUEST HOUSE
& POOL
Residence
Garage
Stable
Service
Pool/ spa
Pool eqpm.
Porches
Guest house
TOTAL
4624 sq.ft
704 sq.ft
0 sq.ft.
96 sq.ft
512 sq.ft.
90 sq.ft.
232 sq.ft
1069 sq.ft
7,321 sq.ft
14.94%
11,466 sq.ft. or 23.4%
9,582 sq.ft. pad, 62.8%
2,800 sq.ft.pad, 38.2%
2,738 sq.ft. existing pad
N/A.
79.7% of lot was previously
disturbed
N/A
N/A
Existing from Chestnut Ln.
Planning Commission
Planning Commission
PROPOSED
STABLE & CORRAL -CUP
Residence
Garage
Stable
Service
Pool/spa
Pool eqpm.
Porches
Guest house
4624 sq.ft
704 sq.ft
1200 sq.ft.
96 sq.ft
512 sq.ft.
90 sq.ft.
232 sq.ft
1069 sq.ft
TOTAL 8,521 sq.ft.
8,521 sq.ft. or 17.4% of 48,991
sq.ft. net lot area
13,603 sq. ft or 27.8% of 48,991
sq.ft. net lot area
9,582 sq.ft. pad, 62.8%
2,800 sq.ft.pad, 38.2%
2,738 sq.ft., 43.8%
340 cubic yards total;
170 c.y. cut; 170 c.y. fill and 100
c.y. over excavation and re -
compaction total
82.8% of 48,991 sq.ft. net lot
area
1,200 sq.ft. stable; 1,265- sq.ft.
corral
New -from Morgan Lane
Existing from Johns Canyon
Planning Commission review
Planning Commission review
SITE PLAN REVIEW CRITERIA
11.46.010 Purpose.
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City's General Plan; inc • • orates environmentally and aesthetically
ZC NO. 845
•
•
sensitive grading practices; preserves existing mature vegetation; is compatible and consistent
with the scale, massing and development pattern in the immediate project vicinity; and
otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills.
11.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and
policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the
natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to the
greatest extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site
and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect
drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and mature
trees and supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a buffer or
transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and
safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California
Environmental Quality Act.
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. 845
•
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
11.42.050 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 use observes the spirit and intent of this title.
ZC NO. 845
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THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 2013-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT AND SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A STABLE WITH CORRAL AND GRANTING A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE
OF THE LOT IN ZONING CASE NO. 845 AT 12 JOHNS CANYON
ROAD, (LOT 170-A-7MS), (SMITH). THE PROJECT HAS BEEN
DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Mr. Jack Smith with respect to real
property located at 12 Johns Canyon Road (Lot 170-A-7MS), Rolling Hills, CA requesting
a Conditional Use Permit to construct a 1,200 square foot one story stable and 1,200
square foot corral, Site Plan Review for grading of total of 340 cubic yards of dirt and a
Variance to exceed the maximum permitted disturbance of the lot. The proposed stable
and corral will be located 25-feet from the rear property line. Pursuant to the Zoning
Ordinance, stables and corrals may be located 25-feet from the rear property line.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on September 17, 2013 and October 15, 2013 and at a field trip
visit on October 15, 2013. The applicants and neighbors were 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 Commission having reviewed, analyzed and studied said proposal. The
applicants' representatives and one neighbor were in attendance at the hearings.
Section 3. The property is zoned RAS-2 and consists of 2.00 acres gross in area
and is located at the corner of Morgan Lane and Johns Canyon Road, with two roadway
easements comprising 0.65 acres. The entire Morgan Lane roadway easement (50' wide)
plus additional 10' easement to the Rolling Hills Community Association is located on
subject property. The net lot area for construction" purposes, as measured by the City, is
48,991 square feet or 1.12 acres. The property is currently developed with a 4,624 square
foot new residence with 704 square foot garage, 512 square foot swimming pool/spa,
1,069 square foot guest house and service yard.
Section 4. The Planning Commission finds that the project qualifies as Class 3
exemption from environmental review under the California Environmental Quality Act.
Section 5. Section 17.18 of the Rolling Hills Municipal Code permits approval
of a stable over 200 square feet and a corral over 550 square feet, provided the Planning
Reso. 2013-16
12 Johns Canyon Rd.
ei
Commission approves a Conditional Use Permit. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. Conditionally permitted uses are not outright permitted by the Rolling
Hills Municipal Code. The Commission must consider applications for conditional use
permit and may, with such conditions as are deemed necessary, approve a conditional
use which will not jeopardize, adversely affect, endanger or to otherwise constitute a
menace to the public health, safety or general welfare or be materially detrimental to the
property of other persons located in the vicinity of such use.
B. The granting of a Conditional Use Permit for the construction of the stable
and corral 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 stable and corral,
and the area is located in an area on the property that is adequately sized to
accommodate the stable and adjoining corral. The proposed structure is appropriately
located in that it will be sufficiently separated from nearby structures used for habitation
or containing sleeping quarters.
C. The nature, condition, and development of adjacent structures have been
considered, and the project will not adversely affect or be materially detrimental to these
adjacent uses, buildings, or structures because the proposed stable and corral orientation
is not 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. The
proposed stable and corral are to be located largely on an already graded area, therefore
preserving the natural terrain of the remaining of the property.
D. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the stable complies with the low profile
residential development pattern of the community and will not give the property an
over -built look, and the corral area will remain open and unobstructed. The lot is 2.12
acres net in size and is sufficiently large to accommodate the proposed structure.
E. The proposed conditional use complies with all applicable development
standards of the zone district and requires a Conditional Use Permit pursuant to Section
17.18 of the Zoning Ordinance.
F. 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.
Section 6. 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
Reso. 2013-16 r. 2
12 Johns Canyon Rd.
the property owner substantial property rights enjoyed by other properties in the same
vicinity and zone. A Variance to Section 17.16.070 (B) is required because it states that
the lot disturbance shall be limited to 40.0% of the net lot area. The applicant seeks a
variance from this requirement because the proposed disturbance will be 82.8%. 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 this property that do not apply generally to the other properties in the same
zone. The property is unique in that the rear pad was created in the past but nothing was
constructed there. In addition, the lot is encumbered by two roadway easements, where
an entire street (Morgan Lane) consisting of 50' in width, plus additional 10' easement to
the RHCA is located on subject property, thus, greatly diminishing the net lot area of the
lot. 79.7% of the lot is currently disturbed. The additional 3.14% disturbance is minimal
and is to create access to the stable and corral from the street.
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 would be denied to the property in question absent a variance. Many of the
homes in the area are developed with stables and other accessory uses, and the area
proposed for grading, a large portion of which is already relatively flat, is conducive to
such development, as there is no other area on the lot where a stable may be located with
less grading and disturbance.
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. Significant portions of the lot will be left undeveloped so as
to maintain open space on the property. The additional graded area is on a portion of the
lot which is not intrusive to surrounding properties, and will be screened and landscaped
with trees and shrubs from nearby residences and from the street so that the as graded
condition will not impact the view or privacy of surrounding neighbors, and will permit
the owners to enjoy their property without deleterious infringement on the rights of
surrounding property owners.
D. 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 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.
E. 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 where the lots have been
previously graded and which exceed the maximum permitted disturbance. Unique
Reso. 2013-16
12 Johns Canyon Rd.
•
• •
circumstances applicable to the subject property make it infeasible for the property owner
to comply with Section 17.16.070.
F. 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.
Section 7. Section 17.46.030 requires a development plan to be submitted for
Site Plan Review and approval before any grading requiring a grading permit or any
building or structure may be constructed. With respect to the Site Plan Review
application for the grading for access to the stable and corral, the Planning Commission
finds as follows:
A. The proposed development is compatible with the General Plan, the Zoning
Ordinance and surrounding uses because the proposed project complies with the General
Plan requirement of low profile, low -density residential development with sufficient
open space between surrounding structures. The development conforms to Zoning Code
setbacks and lot coverage requirements, except for the disturbed area. The proposed
project is screened from the road so as to reduce the visual impact of the development.
Although the disturbed are will exceed the maximum permitted, it is partially required
for the stable, which is a requirement of the City that every lot be developed with a stable
and corral or an area set aside for a future stable and corral be provided on a lot that was
previously disturbed.
B. The development plan substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage because the new structure will not cause
the lot to look overdeveloped. The applicant is utilizing an area of the lot that was
previously graded. The applicant revised his application to reduce impact on the
property owner to the west. Significant portions of the lot will be left undeveloped so as
to maintain open space on the property. The structures will be screened. The nature,
condition, and development of adjacent uses, buildings, and structures and the
topography of the lot have been considered, and the construction will not adversely affect
or be materially detrimental to the adjacent uses, buildings, or structures because the
proposed structures will be constructed on a portion of the lot which is least intrusive to
surrounding properties, will be screened and landscaped with trees and shrubs, is of
sufficient distance from nearby residences and will substantially utilize the existing
relatively flat area for the new construction.
C. The proposed activity is compatible with the General Plan and the Zoning
Ordinance. The Land Use Element of the General Plan establishes the maintenance of
strict grading practices to preserve the community's natural terrain. The Building Code
and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import
or export of soil, except under special circumstances applicable to a property and with a
discretionary permission by the Planning Commission. The project conforms to the
grading requirements and Zoning Code setbacks.
Reso. 2013-16
12 Johns Canyon Rd.
4
Qa
D. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The lot coverage
maximum set forth in the Zoning Code will not be exceeded and the proposed project is
consistent with the scale of the neighborhood and will substantially utilize the existing
relatively flat area for the new construction.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
development will utilize a narrow, new driveway approach which will not be entirely
paved and which was approved by the Traffic Commission
F. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 8. Based upon the foregoing findings in Section 5, 6 and 7, the Planning
Commission hereby approves Zoning Case No. 845 a Conditional Use Permit for a stable
and corral, a Site Plan for grading and a Variance to exceed the maximum permitted
disturbance of the lot, subject to the following conditions:
A. The Conditional Use Permit, Site Plan and Variance approvals shall expire
within two years from the effective date of approval as defined in Sections 17.38.070
17.46.080 and 17.42.070, unless otherwise extended pursuant to the requirements of these
sections.
B. It is declared and made a condition of this approval that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has been given written 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 conditions of approval specified herein shall be printed on the
construction plans submitted to the buidling department for plan check and permitting
and shall be available at all time at the construction site.
E. The lot shall be developed and maintained in substantial conformance with
the site plan on file dated October 29, 2013 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 Site Plan, Variance and CUP approvals, herein as applicable, shall be incorporated
Reso. 2013-16
12 Johns Canyon Rd.
5
into the building permit working drawings and complied with prior to issuance of a
building permit from the building department.
F. 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.
G. The licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects 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.
H. Structural lot coverage of the lot shall not exceed 8,521 square feet or 17.4%
of the net lot area, in conformance with lot coverage limitations (20% maximum). The
size of the structure (1,200 sq.ft.) shall be measured from the exterior surface of the
outside walls.
I. The total lot coverage proposed, including structures and flatwork, shall
not exceed 13,603 square feet or 27.8%, of the net lot area, in conformance with lot
coverage limitations (35% max).
J. Grading for this project shall not exceed 340 cubic yards total (cut and fill).
K. The stable building pad is 2,738 square feet and the coverage on this pad
shall not exceed 43.8%.
L. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), and roof covering (RHMC
17.16.190), as well as all other development standards.
M. All utility lines to the stable shall be placed underground.
N. 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 County Code requirements.
O. The stable uses, interior and exterior design are subject to the requirements
of Section 17.18.060 of the RH Zoning Ordinance. The surface of the corral, paddock and
areas adjacent to the agricultural portion of the stable shall remain permeable at all
times.
Reso. 2013-16
12 Johns Canyon Rd.
•
P. As approved by the Traffic Commission, the first 20' of the driveway shall
not exceed 7% in slope, with the remaining driveway not to exceed 25% in slope; the
driveway approach shall be roughened and the driveway shall not be entirely paved.
Q. To the maximum extend practicable, retain the large Eucalyptus tree
located along Morgan Lane in the vicinity of the proposed access to the stable. In
addition, if trees or shrubs are planted with this project, they shall be of a type that do
not grow higher than the ridge line of the stable and shall be maintained at such height
at all times, so that not to impair neighbors' view. The landscaping, if planted, shall
include native drought -resistant vegetation and be planted in an offset manner so that
not to result in a hedge like screen.
R. The project shall be screened from the adjacent property owners at all
times. The existing vegetation along the west property line shall remain, and if removed
or die, the area must be replanted so that it provides a constant screen between the
properties.
S. Construct a three rail fence with gates to contain horses in the stable and
corral area.
T. 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, except as
otherwise approved by the Rolling Hills Community Association.
U. 50% of any construction materials 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.
V. 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.
W. 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.
X. 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. The stable bathroom facility shall be connected to the
existing sewer line on the property.
Reso. 2013-16
12 Johns Canyon Rd.
•
Y. 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.
Z. 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.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF NOVEMBER 2013.
BRAD CHELI, CHAIRMAN
ATTEST:
carduttcu
HEIDI LUCE, CITY CLERK
Reso. 2013-16
12 Johns Canyon Rd.
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2013-16 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT AND SUE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A STABLE WITH CORRAL AND GRANTING A
VARIANCE TO EXCEED THE MAXIMUM PERMI ITED DISTURBANCE
OF THE LOT IN ZONING CASE NO. 845 AT 12 JOHNS CANYON
ROAD, (LOT 170-A-7MS), (SMITH). 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 19, 2013 by the following roll call vote:
AYES: Commissioners Mirsch, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Gray (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices
wfildwa)
HEIDI LUCE, CITY CLERK
Reso. 2013-16
12 Johns Canyon Rd.
9
• •
MEMORANDUM TO RECUSE
FIELD TRIP
Agenda Item No: 4-A
Mtg. Date: 10-15-13
TO: Honorable Chairman and Members of the Planning Commission
FROM: Heidi Luce, Deputy City Clerk
SUBJECT: Zoning Case No. 845 -12 Johns Canyon Road
DATE: October 15, 2013
Due to the proximity of his property to the subject property, Commissioner Gray
should recuse himself from consideration of Zoning Case No. 845 at 12 Johns Canyon
Road. He may however, participate as a resident.
TO:
•
Ral&if qtek
•
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: 10-15-13 Field Trip
HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 845
12 JOHNS CANYON ROAD, (LOT 170-A-7 MS)
RA-S-2, 2.00 ACRES GROSS
MR. JACK SMITH
BOLTON ENGINEERING
SEPTEMBER 5, 2013
REQUEST AND RECOMMENDATION
1. The applicant, Mr. Smith, requests a Conditional Use Permit to construct a 1,200
square foot one story stable with 1,200 square foot corral and a Site Plan Review for a
total of 340 cubic yards of grading, to be balanced on site. A Variance is requested to
exceed the maximum permitted disturbance on the lot. 79.7% of the lot has been
previously disturbed. The proposal entails additional 3.14% disturbance for a total
disturbance of 82.8% of the net lot area.
A new driveway approach from Morgan Lane is proposed to serve the stable. The
Traffic Commission reviewed the driveway approach and recommended approval.
2. It is recommended that the Planning Commission review the staff report, view
the project in the field, take public testimony, continue the hearing to the evening
meeting of the Planning Commission or provide other direction to staff.
BACKGROUND
3. At the September 17, 2013 Planning Commisison meeting, it was suggested that
the applicant revise the location of the proposed stable. Mr. Smith submitted revised
• •
plans and staked the proposed project per the new plan. The applicant switched the
location of the previously proposed stable and corral.
4. The property is zoned RAS-2 and consists of 2.00 acres gross. It is located on the
corner of Morgan Lane and Johns Canyon Road, with two roadway easements
comprising 0.65 acres. The entire Morgan Lane roadway easement (50' wide) is located
on subject property. The net lot area of the lot for construction purposes is 48,991 square
feet or 1.12 acres. The property is accessed from Johns Canyon Road.
5. The property is developed with a 4,624 square foot single family residence with
704 square foot garage and 232 square foot covered porch; a 1,069 square foot guest
house, which was approved in 1979, 512 square foot swimming pool, 90 square foot
pool equipment area and a service yard.
6. The area creating this lot and six others was subdivided in 1973, prior to the
construction of Morgan Lane. An 8' wide slope easement to the City of Rolling Hills
was required at that time in anticipation of future subdivision and construction of a
street. The applicants will be submitting a request to the City Council to vacate the
slope easement. The slope easement has no effect on the proposed construction.
MUNICIPAL CODE COMPLIANCE
7. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over
550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter
17.18. The proposed stable will be one story, and will consist of 2 stalls, 2 open feed
rooms, storage room, tack room and a center isle between the uses. The corral is proposed
to be 1,265 square feet.
Pursuant to the zoning code requirements the following is applicable to this request:
REQUIREMETNS PROPOSED
Proposed 12' wide access from Morgan
Lane. Will not be entirely paved. Traffic
Commission reviewed the access.
Minor grading is required; consisting of 170
c.y. cut and 170 c.y. fill with 50 c.y over
excavation and 50 c.y. compaction
Stable and corral comply. To be located no
closer than 25' to the rear setback.
Over 35' to residential structure -on subject
property & over 80' to neighbor's house
Building to be designed for rural and agricultura: Building is proposed to look like a stable
uses only, but may include storage of vehicles and be used for a stable
and household items
Size to include the entire footprint including loft,
if any
Minimum of 60% shall be maintained for
agricultural uses
ZC NO. 845
Not less than 6' wide roughened access
Stable, corral not to be located on slopes
greater than 4:1
Not in front yard or side or front setback.
May be located up to 25' in rear setback.
Min. 35' from any residential structure
'2-)
1,200 sq.ft.; no loft is proposed
Center isle -400 sq.ft.
Agricultural spaces, including feed and
center isle will be 87.5%
•
•
Maximum of 40% not to exceed 800 s.f. may be
maintained for a tack room
Tack room may have sanitary and kitchen
amenities
Tack room may have glazed openings
Entry doors to agricultural space to be min.
4'wide & 8' high; appearance of a stable door
ITack room comprises 150 sq.ft. or 12.5% of
the structure
Currently not proposed
Windows in tack room
To comply- to be reviewed by the
Architectural Committee.
Maximum height of the stable is proposed
to be 14 feet.
Loft may be permitted over the agricultural spacl No loft
Loft plate height may not exceed 7' I No loft
Exterior area of stables may not to be paved
Corral shall be fenced
Access not to exceed 25%
Corral to be contiguous to stable. Planning
Commission may determine the size of a coral
based on the size of the stable
Commercial uses or sleeping is not allowed
Proposed gravel or D.G.
Proposed fenced corral
Access proposed bt. 2% and 16% grade
1,200 s.f. corral contiguous to stable.
Applicant is not proposing any commercial
uses or sleeping in the stable
8. The net lot area of the lot is 48,991 square feet. The structural lot coverage
proposed is 8,521 square feet or 17.4% of the net lot area, which includes all of the
structures- (20% maximum permitted). The total lot coverage, including structures and
flatwork is proposed to be 13,603 square feet or 27.8% of the net lot area, (35%
maximum permitted).
9. The residential building pad is 9,582 square feet. Coverage on this pad will
remain at 62.8%. The 2,800 square foot guest house pad has coverage of 38.2% and the
proposed stable pad will be 2,927 square feet and will have coverage of 41.0%.
10. Drainage from the stable will be discharged towards Morgan Lane. A drainage
plan will be required at the Building Department submittal stage.
11 A not to exceed 3' wall, ranging from a curb to 3 feet is proposed at the limits of
the stable pad area. Staircase from the stable pad to the residential pad is also proposed.
12. 79.7% of the lot was previously disturbed. Therefore, the previous disturbance of
the lot is legal, nonconforming. Once the project is constructed (if approved), the
disturbance of the lot will be 82.8%, which requires a Variance. Grading will consist of
170 cubic yards of cut and 170 cubic yards of fill, to even out the building pad area and
for the driveway. 50 cubic yards are expected to be over -excavated and 50 cubic yard re -
compacted for the project. The dirt will be balanced on site. The applicants are utilizing
a previously graded play area as the main stable pad, requireing minimal additional
disturbance.
ZC NO. 845
• •
13. The 1979 guest house plan shows a stable set aside area in the south western
portion of the lot; above Morgan Lane. A flat area for a playground was created further
north of the set aside area. The applicant proposes to utilize a portion of that area for
this project.
14. In response for justification for the Variance request to exceed the disturbed area,
the applicant's representative state that a large portion of the lot is encumbered by
roadway easements, including the entire width of Morgan Lane easement, which
reduces the net lot area by large amount. Also the lot was significantly disturbed
previously, and the additional 3.14% disturbance is minimal for construction of a stable.
The applicants' representative further states that the corral and stable are well away
from any adjacent habitable structure and not readily visible from any adjacent
property, therefore will not negatively affect adjacent properties. The applicants will
utilize to maximum extent practicable the already existing flat area in the rear of the
house where a play area exists.
15. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
16. When reviewing a development application the Planning Commission must
consider whether the proposed project meets the criteria for CUP, Site Plan Review and
Variance of the Zoning Code.
ZONING CASE NO. 845
I DEVELOPMENT STANDARDS
RA-S-2 ZONE SETBACKS
Front: 50 ft. front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
STRUCTURES
(Site Plan Review required for
new structures and 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).
STRUCTURAL
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE
RESIDENTIAL
(30% maximum guideline)
GUEST HOUSE
STABLE
LOT
EXISTING I PROPOSED
RESIDENCE, GUEST HOUSE STABLE
& POOL
Residence
Garage
Stable
Service
Pool/spa
Pool eqpm.
Porches
Guest house
TOTAL
4624 sq.ft
704 sq.ft
0 sq.ft.
96 sq.ft
512 sq.ft.
90 sq.ft.
232 sq.ft
1069 sq.ft
7,321 sq.ft
14.94%
11,466 sq.ft. or 23.4%
9,582 sq.ft. pad, 62.8%
2,800 sq.ft.pad, 38.2%
3,087 sq.ft. existing pad
Residence
Garage
Stable
Service
Pool/spa
Pool eqpm.
Porches
Guest house
4624 sq.ft
704 sq.ft
1200 sq.ft.
96 sq.ft
512 sq.ft.
90 sq.ft.
232 sq.ft
1069 sq.ft
TOTAL 8,521 sq.ft.
8,521 sq.ft. or 17.4% of 48,991
sq.ft. net lot area
13,603 sq. ft or 27.8% of 48,991
sq.ft. net lot area
9,582 sq.ft. pad, 62.8%
2,800 sq.ft.pad, 38.2%
2,927 sq.ft., 41%
ZC NO. 845
4' •
•
•
GRADING
Site plan review required if
excavation and/or fill or
combination thereof is more than
3 feet in depth and covers more
than 2,000 sq. ft. 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 nongraded
area where impervious surfaces
exist.)
STABLE (minimum 450 sa. ft.)
CORRAL (minimum 550 so. ft.)
STABLE ACCESS
ACCESSWAY
VIEWS
PLANTS AND ANIMALS
N/A.
79.7% of lot was previously
disturbed
N/A
N/A
Existing from Chestnut Ln.
Planning Commission
Planning Commission
SITE PLAN REVIEW CRITERIA
340 cubic yards total;
170 c.y. cut; 170 c.y. fill and 100
c.y. over excavation and re -
compaction total
82.8% of 48,991 sq.ft net lot
area
1,200 sq.ft. stable; 1,200- sq.ft.
corral
New -from Morgan Lane
Existing from Johns Canyon
Planning Commission review
Planning Commission review
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City's General Plan; incorporates environmentally and aesthetically
sensitive grading practices; preserves existing mature vegetation; is compatible and consistent
with the scale, massing and development pattern in the immediate project vicinity; and
otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and
policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the
natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to the
greatest extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site
and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect
drainage flow, unless such flow is redirected into an existing drainage course;
ZC NO. 845
CJ
• •
7. The project preserves surrounding native vegetation and mature
trees and supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a buffer or
transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and
safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California
Environmental Quality Act.
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.
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 use observes the spirit and intent of this title.
ZC NO. 845
• •
MEMORANDUM TO RECUSE
Agenda Item No: 8-C
Mtg. Date: 10-15-13
TO: Honorable Chairman and Members of the Planning Commission
FROM: Heidi Luce, Deputy City Clerk
SUBJECT: Zoning Case No. 845 -12 Johns Canyon Road
DATE: October 15, 2013
Due to the proximity of his property to the subject property, Commissioner Gray
should recuse himself from consideration of Zoning Case No. 845 at 12 Johns Canyon
Road. He may however, participate as a resident.
al Railee9 qictia
INCORPORATED JANUARY 24, 1957
NO.2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No: 8C
Mtg. Date: 10-15-13
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 845
12 JOHNS CANYON ROAD, (LOT 170-A-7 MS)
RA-S-2, 2.00 ACRES GROSS
MR. JACK SMITH
BOLTON ENGINEERING
SEPTEMBER 5, 2013
REQUEST AND RECOMMENDATION
1. The Planning Commission visited the site earlier today. It is recommended that
the Planning Commission review the staff report, continue the public hearing and
provide direction to staff.
2. The applicant, Mr. Smith, requests a Conditional Use Permit to construct a 1,200
square foot one story stable with 1,200 square foot corral and a Site Plan Review for a
total of 340 cubic yards of grading, to be balanced on site. A Variance is requested to
exceed the maximum permitted disturbance on the lot. 79.7% of the lot has been
previously disturbed. The proposal entails additional 3.14% disturbance for a total
disturbance of 82.8% of the net lot area.
A new driveway approach from Morgan Lane is proposed to serve the stable. The
Traffic Commission reviewed the, driveway approach and recommended approval.
BACKGROUND
3. At the September 17, 2013 Planning Commisison meeting, it was suggested that
the applicant revise the location of the proposed stable. Mr. Smith submitted revised
• •
plans and staked the proposed project in the field per the new plan. The applicant
switched the location of the previously proposed stable and corral.
4. The property is zoned RAS-2 and consists of 2.00 acres gross. It is located on the
corner of Morgan Lane and Johns Canyon Road, with two roadway easements
comprising 0.65 acres. The entire Morgan Lane roadway easement (50' wide) is located
on subject property. The net lot area of the lot for construction purposes is 48,991 square
feet or 1.12 acres. The property is accessed from Johns Canyon Road.
5. The property is developed with a 4,624 square foot single family residence with
704 square foot garage and 232 square foot covered porch; a 1,069 square foot guest
house, which was approved in 1979, 512 square foot swimming pool, 90 square foot
pool equipment area and a service yard.
6. The area creating this lot and six others was subdivided in 1973, prior to the
construction of Morgan Lane. An 8' wide slope easement to the City of Rolling Hills
was required at that time in anticipation of future subdivision and construction of a
street. The applicants will be submitting a request to the City Council to vacate the
slope easement. The slope easement has no effect on the proposed construction.
MUNICIPAL CODE COMPLIANCE
7. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over
550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter
17.18. The proposed stable will be one story, and will consist of 2 stalls, 2 open feed
rooms, storage room, tack room and a center isle between the uses. The corral is proposed
to be 1,265 square feet.
Pursuant to the zoning code requirements the foil
REQUIREMETNS
Not less than 6' wide roughened access
Stable, corral not to be located on slopes
greater than 4:1
Not in front yard or side or front setback.
May be located up to 25' in rear setback.
Min. 35' from any residential structure
Building to be designed for rural and agricultura
uses only, but may include storage of vehicles
and household items
Size to include the entire footprint including loft,
if any
Minimum of 60% shall be maintained for
agricultural uses
ZC NO. 845
owing is applicable to this request:
PROPOSED
Proposed 12' wide access from Morgan
Lane. Will not be entirely paved. Traffic
Commission reviewed the access.
Minor grading is required; consisting of 170
c.y. cut and 170 c.y. fill with 50 c.y over
excavation and 50 c.y. compaction
Stable and corral comply. To be located no
closer than 25' to the rear setback.
Over 35' to residential structure -on subject
property & over 80' to neighbor's house
Building is proposed to look like a stable
and be used for a stable
1,200 sq.ft.; no loft is proposed
Center isle -400 sq.ft.
Agricultural spaces, including feed and
center isle will be 87.5%
•
Maximum of 40% not to exceed 800 s.f. may be
maintained for a tack room
Tack room may have sanitary and kitchen
amenities
Tack room may have glazed openings
Entry doors to agricultural space to be min.
4'wide Sr 8' high; appearance of a stable door
I Loft may be permitted over the agricultural spacd
Loft plate height may not exceed 7'
Exterior area of stables may not to be paved
Corral shall be fenced
I Access not to exceed 25%
Corral to be contiguous to stable. Planning
Commission may determine the size of a coral
based on the size of the stable
Commercial uses or sleeping is not allowed
Tack room comprises 150 sq.ft. or 12.5% of
the structure
Currently not proposed
Windows in tack room
To comply- to be reviewed by the
Architectural Committee.
Maximum height of the stable is proposed
to be 14 feet.
No loft
No loft
Proposed gravel or D.G.
Proposed fenced corral
Access proposed bt. 2% and 16% grade
1,200 s.f. corral contiguous to stable.
Applicant is not proposing any commercial
uses or sleeping in the stable
8. The net lot area of the lot is 48,991 square feet. The structural lot coverage
proposed is 8,521 square feet or 17.4% of the net lot area, which includes all of the
structures- (20% maximum permitted). The total lot coverage, including structures and
flatwork is proposed to 'be 13,603 square feet or 27.8% of the net lot area, (35%
maximum permitted).
9. The residential building pad is 9,582 square feet. Coverage on this pad will
remain at 62.8%. The 2,800 square foot guest house pad has coverage of 38.2% and the
proposed stable pad will be 2,927 square feet and will have coverage of 41.0%.
10. Drainage from the stable will be discharged towards Morgan Lane. A drainage
plan will be required at the Building Department submittal stage.
11 A not to exceed 3' wall, ranging from a curb to 3 feet is proposed at the limits of
the stable pad area. Staircase from the stable pad to the residential pad is also proposed.
12. 79.7% of the lot was previously disturbed. Therefore, the previous disturbance of
the lot is legal, nonconforming. Once the project is constructed (if approved), the
disturbance of the lot will be 82.8%, which requires a Variance. Grading will consist of
170 cubic yards of cut and 170 cubic yards of fill, to even out the building pad area and
for the driveway. 50 cubic yards are expected to be over -excavated and 50 cubic yard re -
compacted for the project. The dirt will be balanced on site. The applicants are utilizing
a previously graded play area as the main stable pad, requireing minimal additional
disturbance.
ZC NO. 845
• •
13. The 1979 guest house plan shows a stable set aside area in the south western
portion of the lot; above Morgan Lane. A flat area for a playground was created further
north of the set aside area. The applicant proposes to utilize a portion of that area for
this project.
14. In response for justification for the Variance request to exceed the disturbed area,
the applicant's representative state that a large portion of the lot is encumbered by
roadway easements, including the entire width of Morgan Lane easement, which
reduces the net lot area by large amount. Also the lot was significantly disturbed
previously, and the additional 3.14% disturbance is minimal for construction of a stable.
The applicants' representative further states that the corral and stable are well away
from any adjacent habitable structure and not readily visible from any adjacent
property, therefore will not negatively affect adjacent properties. The applicants will
utilize to maximum extent practicable the already existing flat area in the rear of the
house where a play area exists.
15. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
16. When reviewing a development application the Planning Commission must
consider whether the proposed project meets the criteria for CUP, Site Plan Review and
Variance of the Zoning Code.
ZONING CASE NO. 845
I DEVELOPMENT STANDARDS
RA-S-2 ZONE SETBACKS
Front: 50 ft. front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
STRUCTURES
(Site Plan Review required for
new structures and 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).
STRUCTURAL
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE
RESIDENTIAL
(30% maximum guideline)
GUEST HOUSE
STABLE
LOT
EXISTING I PROPOSED
RESIDENCE, GUEST HOUSE STABLE
& POOL
Residence
Garage
Stable
Service
Pool/spa
Pool eqpm.
Porches
Guest house
TOTAL
4624 sq.ft
704 sq.ft
0 sq.ft.
96 sq.ft
512 sq.ft.
90 sq.ft.
232 sq.ft
1069 sq.ft
7,321 sq.ft
14.94%
11,466 sq.ft. or 23.4%
9,582 sq.ft. pad, 62.8%
2,800 sq.ft.pad, 38.2%
3,087 sq.ft. existing pad
Residence
Garage
Stable
Service
Pool/spa
Pool eqpm.
Porches
Guest house
TOTAL
4624 sq.ft
704 sq.ft
1200 sq.ft.
96 sq.ft
512 sq.ft.
90 sq.ft.
232 sq.ft
1069 sq.ft
8,521 sq.ft.
8,521 sq.ft. or 17.4% of 48,991
sq.ft. net lot area
13,603 sq. ft or 27.8% of 48,991
sq.ft. net lot area
9,582 sq.ft. pad, 62.8%
2,800 sq.ft.pad, 38.2%
2,927 sq.ft., 41%
ZC NO. 845
1,
GRADING
Site plan review required if
excavation and/or fill or
combination thereof is more than
3 feet in depth and covers more
than 2,000 sq. ft. 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 nongraded
area where impervious surfaces
exist.)
STABLE (minimum 450 sq. ft.)
CORRAL (minimum 550 so. ft.)
STABLE ACCESS
ACCESSWAY
VIEWS
PLANTS AND ANIMALS
N/A.
79.7% of lot was previously
disturbed
N/A
N/A
Existing from Chestnut Ln.
Planning Commission
Planning Commission
SITE PLAN REVIEW CRITERIA
340 cubic yards total;
170 c.y. cut; 170 c.y. fill and 100
c.y. over excavation and re -
compaction total
82.8% of 48,991 sq.ft. net lot
area
1,200 sq.ft. stable; 1,200- sq.ft.
corral
New -from Morgan Lane
Existing from Johns Canyon
Planning Commission review
Planning Commission review
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City's General Plan; incorporates environmentally and aesthetically
sensitive grading practices; preserves existing mature vegetation; is compatible and consistent
with the scale, massing and development pattern in the immediate project vicinity; and
otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be made:
1. The project complies with and is consistent with the goals and
policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot;
3. The project is harmonious in scale and mass with the site, the
natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to the
greatest extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);
5. Grading has been designed to follow natural contours of the site
and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor redirect
drainage flow, unless such flow is redirected into an existing drainage course;
ZC NO. 845
•
• ID •
7. The project preserves surrounding native vegetation and mature
trees and supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a buffer or
transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and
safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California
Environmental Quality Act.
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.
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 use observes the spirit and intent of this title.
ZC NO. 845
•
Ra flee, ge,
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No: 7A
Mtg. Date: 11-19-13
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 845, RESOLUTION NO. 2013-16
12 JOHNS CANYON ROAD, (LOT 170-A-7 MS)
RA-S-2, 2.00 ACRES GROSS
MR. JACK SMITH
BOLTON ENGINEERING
SEPTEMBER 5, 2013
REQUEST AND RECOMMENDATION
1. The applicant, Mr. Smith, requested a Conditional Use Permit to construct a 1,200 square
foot one story stable with 1,200 square foot corral and a Site Plan Review for a total of 340 cubic
yards of grading, to be balanced on site. A new driveway approach is also proposed. A
Variance is requested to exceed the maximum permitted disturbance on the lot. 79.7% of the lot
has been previously disturbed. The proposal entails additional 3.14% disturbance for a total
disturbance of 82.8% of the net lot area.
2. The Planning Commission directed staff to prepare a Resolution of approval with
conditions, which is attached.
Resolution No. 2013-16 contains standard findings and facts and conditions, including
conditions specific to this project as follows:
• That the project be screened from the adjacent properties, and that if the existing
vegetation along the westerly property line is removed or die, that it be replaced so that
screening of the adjacent property is maintained at all times
• That a three rail fence be constructed with gates to contain the horses in the stable/corral
area
• That the large Eucalyptus tree next to the stable access apron remain.
The Commission requested and the applicant has revised the plan showing the driveway two
feet to the west from the previous plan.
4. It is recommended that the Planning Commission review and consider the attached
resolution.
• •
THIS PAGE INTENTIONALLY LEFT BLANK
• •
RESOLUTION NO. 2013-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT AND SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A STABLE WITH CORRAL AND GRANTING A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE
OF THE LOT IN ZONING CASE NO. 845 AT 12 JOHNS CANYON
ROAD, (LOT 170-A-7MS), (SMITH). THE PROJECT HAS BEEN
DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Mr. Jack Smith with respect to real
property located at 12 Johns Canyon Road (Lot 170-A-7MS), Rolling Hills, CA requesting
a Conditional Use Permit to construct a 1,200 square foot one story stable and 1,200
square foot corral, Site Plan Review for grading of total of 340 cubic yards of dirt and a
Variance to exceed the maximum permitted disturbance of the lot. The proposed stable
and corral will be located 25-feet from the rear property line. Pursuant to the Zoning
Ordinance, stables and corrals may be located 25-feet from the rear property line.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on September 17, 2013 and October 15, 2013 and at a field trip
visit on October 15, 2013. The applicants and neighbors were 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 Commission having reviewed, analyzed and studied said proposal. The
applicants' representatives and one neighbor were in attendance at the hearings.
Section 3. The property is zoned RAS-2 and consists of 2.00 acres gross in area
and is located at the corner of Morgan Lane and Johns Canyon Road, with two roadway
easements comprising 0.65 acres. The entire Morgan Lane roadway easement (50' wide)
plus additional 10' easement to the Rolling Hills Community Association is located on
subject property. The net lot area for construction purposes, as measured by the City, is
48,991 square feet or 1.12 acres. The property is currently developed with a 4,624 square
foot new residence with 704 square foot garage, 512 square foot swimming pool/spa,
1,069 square foot guest house and service yard.
Section 4. The Planning Commission finds that the project qualifies as Class 3
exemption from environmental review under the California Environmental Quality Act.
Section 5. Section 17.18 of the Rolling Hills Municipal Code permits approval
of a stable over 200 square feet and a corral over 550 square feet, provided the Planning
Reso. 2013-16
12 Johns Canyon Rd.
1 ()
• •
Commission approves a Conditional Use Permit. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. Conditionally permitted uses are not outright permitted by the Rolling
Hills Municipal Code. The Commission must consider applications for conditional use
permit and may, with such conditions as are deemed necessary, approve a conditional
use which will not jeopardize, adversely affect, endanger or to otherwise constitute a
menace to the public health, safety or general welfare or be materially detrimental to the
property of other persons located in the vicinity of such use.
B. The granting of a Conditional Use Permit for the construction of the stable
and corral 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 stable and corral,
and the area is located in an area on the property that is adequately sized to
accommodate the stable and adjoining corral. The proposed structure is appropriately
located in that it will be sufficiently separated from nearby structures used for habitation
or containing sleeping quarters.
C. The nature, condition, and development of adjacent structures have been
considered, and the project will not adversely affect or be materially detrimental to these
adjacent uses, buildings, or structures because the proposed stable and corral orientation
is not 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. The
proposed stable and corral are to be located largely on an already graded area, therefore
preserving the natural terrain of the remaining of the property.
D. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the stable complies with the low profile
residential development pattern of the community and will not give the property an
over -built look, and the corral area will remain open and unobstructed. The lot is 2.12
acres net in size and is sufficiently large to accommodate the proposed structure.
E. The proposed conditional use complies with all applicable development
standards of the zone district and requires a Conditional Use Permit pursuant to Section
17.18 of the Zoning Ordinance.
F. 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.
Section 6. 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
Reso. 2013-16 2
12 Johns Canyon Rd. ,y
•
the property owner substantial property rights enjoyed by other properties in the same
vicinity and zone. A Variance to Section 17.16.070 (B) is required because it states that
the lot disturbance shall be limited to 40.0% of the net lot area. The applicant seeks a
variance from this requirement because the proposed disturbance will be 82.8%. 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 this property that do not apply generally to the other properties in the same
zone. The property is unique in that the rear pad was created in the past but nothing was
constructed there. In addition, the lot is encumbered by two roadway easements, where
an entire street (Morgan Lane) consisting of 50' in width, plus additional 10' easement to
the RHCA is located on subject property, thus, greatly diminishing the net lot area of the
lot. 79.7% of the lot is currently disturbed. The additional 3.14% disturbance is minimal
and is to create access to the stable and corral from the street.
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 would be denied to the property in question absent a variance. Many of the
homes in the area are developed with stables and other accessory uses, and the area
proposed for grading, a large portion of which is already relatively flat, is conducive to
such development, as there is no other area on the lot where a stable may be located with
less grading and disturbance.
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. Significant portions of the lot will be left undeveloped so as
to maintain open space on the property. The additional graded area is on a portion of the
lot which is not intrusive to surrounding properties, and will be screened and landscaped
with trees and shrubs from nearby residences and from the street so that the as graded
condition will not impact the view or privacy of surrounding neighbors, and will permit
the owners to enjoy their property without deleterious infringement on the rights of
surrounding property owners.
D. 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 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.
E. 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 where the lots have been
previously graded and which exceed the maximum permitted disturbance. Unique
Reso. 2013-16 3
12 johns Canyon Rd.
circumstances applicable to the subject property make it infeasible for the property owner
to comply with Section 17.16.070.
F. 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.
Section 7. Section 17.46.030 requires a development plan to be submitted for
Site Plan Review and approval before any grading requiring a grading permit or any
building or structure may be constructed. With respect to the Site Plan Review
application for the grading for access to the stable and corral, the Planning Commission
finds as follows:
A. The proposed development is compatible with the General Plan, the Zoning
Ordinance and surrounding uses because the proposed project complies with the General
Plan requirement of low profile, low -density residential development with sufficient
open space between surrounding structures. The development conforms to Zoning Code
setbacks and lot coverage requirements, except for the disturbed area. The proposed
project is screened from the road so as to reduce the visual impact of the development.
Although the disturbed are will exceed the maximum permitted, it is partially required
for the stable, which is a requirement of the City that every lot be developed with a stable
and corral or an area set aside for a future stable and corral be provided on a lot that was
previously disturbed.
B. The development plan substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage because the new structure will not cause
the lot to look overdeveloped. The applicant is utilizing an area of the lot that was
previously graded. The applicant revised his application to reduce impact on the
property owner to the west. Significant portions of the lot will be left undeveloped so as
to maintain open space on the property. The structures will be screened. The nature,
condition, and development of adjacent uses, buildings, and structures and the
topography of the lot have been considered, and the construction will not adversely affect
or be materially detrimental to the adjacent uses, buildings, or structures because the
proposed structures will be constructed on a portion of the lot which is least intrusive to
surrounding properties, will be screened and landscaped with trees and shrubs, is of
sufficient distance from nearby residences and will substantially utilize the existing
relatively flat area for the new construction.
C. The proposed activity is compatible with the General Plan and the Zoning
Ordinance. The Land Use Element of the General Plan establishes the maintenance of
strict grading practices to preserve the community's natural terrain. The Building Code
and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import
or export of soil, except under special circumstances applicable to a property and with a
discretionary permission by the Planning Commission. The project conforms to the
grading requirements and Zoning Code setbacks.
Reso. 2013-16
12 Johns Canyon Rd.
• •
D. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The lot coverage
maximum set forth in the Zoning Code will not be exceeded and the proposed project is
consistent with the scale of the neighborhood and will substantially utilize the existing
relatively flat area for the new construction.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
development will utilize a narrow, new driveway approach which will not be entirely
paved and which was approved by the Traffic Commission
F. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 8. Based upon the foregoing findings in Section 5, 6 and 7, the Planning
Commission hereby approves Zoning Case No. 845 a Conditional Use Permit for a stable
and corral, a Site Plan for grading and a Variance to exceed the maximum permitted
disturbance of the lot, subject to the following conditions:
A. The Conditional Use Permit, Site Plan and Variance approvals shall expire
within two years from the effective date of approval as defined in Sections 17.38.070
17.46.080 and 17.42.070, unless otherwise extended pursuant to the requirements of these
sections.
B. It is declared and made a condition of this approval that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has been given written 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 conditions of approval specified herein shall be printed on the
construction plans submitted to the buidling department for plan check and permitting
and shall be available at all time at the construction site.
E. The lot shall be developed and maintained in substantial conformance with
the site plan on file dated October 29, 2013 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 Site Plan, Variance and CUP approvals, herein as applicable, shall be incorporated
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into the building permit working drawings and complied with prior to issuance of a
building permit from the building department.
F. 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.
G. The licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects 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.
H. Structural lot coverage of the lot shall not exceed 8,521 square feet or 17.4%
of the net lot area, in conformance with lot coverage limitations (20% maximum). The
size of the structure (1,200 sq.ft.) shall be measured from the exterior surface of the
outside walls.
I. The total lot coverage proposed, including structures and flatwork, shall
not exceed 13,603 square feet or 27.8%, of the net lot area, in conformance with lot
coverage limitations (35% max).
J. Grading for this project shall not exceed 340 cubic yards total (cut and fill).
K. The stable building pad is 2,738 square feet and the coverage on this pad
shall not exceed 43.8%.
L. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), and roof covering (RHMC
17.16.190), as well as all other development standards.
M. All utility lines to the stable shall be placed underground.
N. 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 County Code requirements.
O. The stable uses, interior and exterior design are subject to the requirements
of Section 17.18.060 of the RH Zoning Ordinance. The surface of the corral, paddock and
areas adjacent to the agricultural portion of the stable shall remain permeable at all
times.
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P. As approved by the Traffic Commission, the first 20' of the driveway shall
not exceed 7% in slope, with the remaining driveway not to exceed 25% in slope; the
driveway approach shall be roughened and the driveway shall not be entirely paved.
Q. To the maximum extend practicable, retain the large Eucalyptus tree
located along Morgan Lane in the vicinity of the proposed access to the stable. In
addition, if trees or shrubs are planted with this project, they shall be of a type that do
not grow higher than the ridge line of the stable and shall be maintained at such height
at all times, so that not to impair neighbors' view. The landscaping, if planted, shall
include native drought -resistant vegetation and be planted in an offset manner so that
not to result in a hedge like screen.
R. The project shall be screened from the adjacent property owners at all
times. The existing vegetation along the west property line shall remain, and if removed
or die, the area must be replanted so that it provides a constant screen between the
properties.
S. Construct a three rail fence with gates to contain horses in the stable and
corral area.
T. 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, except as
otherwise approved by the Rolling Hills Community Association.
U. 50% of any construction materials 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.
V. 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.
W. 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.
X. 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. The stable bathroom facility shall be connected to the
existing sewer line on the property.
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Y. 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.
Z. 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.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF NOVEMBER 2013.
BRAD CHELF, CHAIRMAN
ATTEST:
HEIDI LUCE, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2013-16 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT AND SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A STABLE WITH CORRAL AND GRANTING A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE
OF THE LOT IN ZONING CASE NO. 845 AT 12 JOHNS CANYON
ROAD, (LOT 170-A-7MS), (SMITH). 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 19, 2013 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, CITY CLERK
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