939, Convert existing barn into a r, Staff ReportsTO:
FROM:
ea", 06 Raab, qeeed
INCORPORATED JANUARY 24, 1957
NO.2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No. 5A
Mtg. Date: 10-08-18
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
YOLANTA SCHWARTZ, PLANNING DIRECTOR
JULIA STEWART, SENIOR PLANNER
THROUGH: ELAINE JENG. P.E:, CITY MANAGER
SUBJECT: RESOLUTION NO. 2018-12 - A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL
FOR A CONDITIONAL USE PERMIT TO CONVERT THE EXISTING 1,560
SQUARE FOOT STABLE TO A MIXED -USE STRUCTURE; AND TWO
VARIANCES FOR .A 24 FOOT ENCROACHMENT INTO THE FRONT
YARD SETBACK WITH A 330 SQUARE FOOT ADDITION TO THE
RESIDENCE AND WITH A MIXED -USE STRUCTURE IN ZONING CASE
NO. 939 AT 9 JOHNS CANYON ROAD, LOT 170-A-1-MS, (DAVID
STONE).
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
DAVID STONE
TAVISHA NICOLSON, BOLTON ENGINEERING
DAVE PALACIOS, AGENT
July 5, 2018 and August 9, 2018
PROTECT DESCRIPTION AND RECOMMENDATION
Recommendation
It is recommended that the City Council receive and file this report or provide other
direction to staff.
The Project
The applicant is proposing a small residential addition, legalizing an as -built residential
addition, demolishing an existing swimming pool, pool deck, pool equipment and
covered porch area, and converting an existing stable into a mixed -use structure.
ZC NO. 939 9 Johns Canyon
1
Conditional Use Permit
The applicant is requesting a Conditional Use Permit to convert an existing 1,560 square
foot stable to a mixed -use structure with a recreation room and storage space.
Variances
The applicant requests two variances for the proposed project: 1) to encroach into the
front yard setback by 24 linear feet, with 325 square feet of proposed residential
addition in the encroachment; and 2) an encroachment of the existing barn that will be
converted into a mixed use building, which encroaches 12 feet into the required front
yard setback.
Administrative Review
Also proposed is to construct a new 385 square foot residential addition (additional
bathroom), legalize a 220 square foot as -built residential addition, and demolish the
pool, porch and other outdoor amenites. These improvements do not require a
discretionary review by the Planning Commission, but are listed for information
because they are a part of a larger project and will be undertaken at the same time.
Additionally, the applicant has included the stable , and corral set aside area in the
disturbance calculations of 65.27%, but a variance is only needed if the set aside area is
located in an area requiring a discretionary approval. The proposed project would be
constructed entirely within the existing area of disturbance, and the stable and corral
are not proposed at this time, so no variance is needed for disturbance. The existing
disturbance will remain at 62.55%.
Planning Commission Review
The project was initially presented to the Planning Commission at its regular meeting
held on July 17, 2018. A morning field trip was conducted for the project on August 21,
2018 with additional review and discussion at the evening Planning Commission
meeting held on that same date. After review and discussion of revisions to the project,
the Planning Commission directed staff to prepare a Resolution of approval. There was
some discussion regarding whether or not the loft from the stable would be removed.
The Planning Commission was comfortable approving the project so long as the loft
remains as storage. On September 25, 2018, the Planning Commission approved the
resolution for the project.
Special Conditions of Approval
At the field visit on August 21, 2018 by the Planning Commission, the Commission was
presented with information regarding the future of the loft in the stable that will be
converted to mixed use. As a result, the following special consideration was included:
• The loft in the existing stable will remain once the building is converted to mixed
use. However, the staircase leading to the loft shall be removed and the loft area
shall be converted to attic space, per the City's definition:
ZC No. 939 9 Johns Canyon 2
• •
'Storage area" means space within a building or structure, including
attics, used for storing of items. It includes spaces located below or above
a story and may not exceed six feet in height at any one point. Attics may
have a ceiling that follows the shape and the angle of the roofline, which
could be more than six feet high at the peak of the ceiling. Attics and
storage areas shall not have doors to the exterior, window openings,
heating or air conditioning'.
This condition is specific to this project and is included in the resolution together with
the standard findings of facts and, conditions of approval.
BACKGROUND
Zoning, Land Size and Existing Conditions
The property is zoned RAS-2 and the gross lot area is 2.0 acres. For development
purposes the net lot area is 1.25 acres or 54,332 square feet, which is considered legal
nonconforming. Records show that the property is improved with an existing 4,895
square foot house with a 555 square foot garage, 1,560 square foot stable, pool, and
other miscellaneous structures.
Driveway and Motor Court
The applicant does not propose any changes to the driveway or driveway apron.
Past Approval for the Property
On January 17, 1973, the Planning Commission approved a conditional use permit for
construction of a garage in the front yard.
On December 7, 1976, the Planning Commission approved a conditional use permit for
the construction of a stable in the front yard of the property.
In 1989, a 1,741 square foot addition, including 3 new bedrooms, bathrooms, and an
addition to the garage, were constructed.
On March 26, 2009, a building permit was issued for re -roofing.
On October 12, 2009, the City Council approved a request for a new driveway according
to plans reviewed by the City's Traffic Commission on September 24, 2009.
MUNICIPAL CODE COMPLIANCE
Grading and Stabilization
Balanced grading of 100 cubic yards will be done for overexcavation and recompaction.
Any future stable and corral would require 20 feet of cut and 20 feet of fill for a total of
40 cubic yards. No dirt will be imported or exported for the proposed project.
ZC No. 939 9 Johns Canyon 3
• •
Disturbance
The total disturbed area for the project site is 62.55% or 33,985 square feet. The proposed
project would only add 3.72% or 2,020 square feet, which brings the total to 65.27% or
35,460 square feet, if the stable were anticipated to be constructed and/or the location of
the stable required a variance.
Height
The finished roof height of the proposed bathroom addition will be 16 feet. This is lower
than the existing highest ridgeline of 18 feet, as measured from the finished grade.
Drainage
The drainage and erosion control plans, if required, will be reviewed by Los Angeles
County prior to the issuance of any building permits.
Lot Coverage
The structural net lot coverage is proposed at 9,131 square feet or 16.81% (20% max.
permitted). The total lot coverage proposed (structural and flatwork) will be 13,648
square feet or 25.12% (35% max. permitted).
The building pad coverage on the main residence pad is 8,556 square feet or 56.08%,
which includes the residence, garage, swimming pool & spa, pool equipment, and
service yard structures, but excludes the permissible deductions of portion of the
attached porch and several of the miscellaneous outdoor amenities. However, the
elimination of the swimming pool and adjacent deck will reduce the residential
building pad coverage to 55.78%. The resolution enables the applicant to keep the
existing building pad coverage.
The building pad coverage on the new stable pad is proposed at 450 square feet or
173.08%, which includes the stable. The stable pad would have to be created when the
stable and corral are constructed. (The reason for the large coverage is that most of the
future building pad, if created for the stable, will be in the rear setback (as is permitted
for stables); but the calculations of a building pad do not include flat areas in setbacks.
Therefore, the coverage for the 450 sf. future stable is, calculated against that portion of
the flat area that is outside of setback.)
Walls
No additional walls are included in the proposed project.
Stable and Corral Set Aside
The existing stable is proposed to be converted to a mixed -use structure. This is in part
due to the close proximity of the stable to the as -built residential addition to be
legalized. A stable and corral set aside have been included in the plans and calculations
for the proposed project.
ZC No. 939 9 Johns Canyon 4
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CONDITIONAL USE PERMIT TABLES
A Conditional Use Permit is required for the mixed -use structure.
Mixed -Use Structure Requirements
Pursuant to the Zoning Ordinance, mixed -use structures are allowed uses with a
Conditional Use Permit and the following regulations apply:
Definition: "Mixed use structure" means a structure detached from the primary
building and used or designed to be used for a garage or for two or more of the
following uses: garage, keeping of horses or other permitted animals, storage of
equestrian, agricultural and general household goods, recreational purposes, an
office, a study or other uses. Two or more of the same uses within the structure
are not permitted. If any of the uses include keeping of horses or other permitted
animals, no portion of the structure may contain a guest-house or sleeping
quarters for humans.
Conditions: Mixed Use Structures. A mixed use structure, as defined by this
title, shall be subject to the following conditions:
a. Mixed use structures shall not be located in the front yard or any
setback;
b. That portion of the structure intended to be used for other than a
garage use, shall not exceed eight hundred square feet in size;
c. Vehicular access to the garage or mixed use structure shall not occur
within an easement or within twenty-five feet of the side or rear lot line;
d. If a portion of the structure is designed or intended to be used for a
garage, that portion shall be separated by an interior common wall
from the portion of the structure used as a stable, barn, office, study,
recreational use or other use. The interior common wall shall be
constructed in the same manner as found in attached townhouse
construction. No access from the interior of the portion used for a
garage to the interior of the portion used for the other use shall be
permitted;
e. If a portion of the structure is intended to be used as a stable, that
portion of the structure, in addition to meeting the requirements of this
subsection shall be subject to the requirements of Chapter 17.18 of this
title.
f. If a portion of the structure is intended to be used as a garage, there
shall be no sleeping quarters, occupancy, kitchen or kitchenette
facilities, but a sanitary facility including a sink and toilet maybe
permitted. The remainder of the structure and its uses shall comply
with the provisions of this section for each individual use.
ZC No. 939 9 Johns Canyon 5
• •
g•
A loft area may be constructed only over the stable portion of the
mixed use structure, subject to the requirements of Chapter 17.18 of this
title.
h. Where the garage, stable or any other use that is specified on the
approved plan is converted to another use, or if the proportions of any
approved use is changed without required approvals, the permit
granting the mixed use structure may be revoked, pursuant to Chapter
17.58, and the structure shall be removed at the cost of the property
owner;
i. If any conditions of the permit are violated, or if any law, statute or
ordinance is violated, the permit may be revoked and the privileges
granted by the permit shall lapse, provided that the property owner has
been given written notice to cease such violation and has failed to do so
for a period of thirty days, and further provided that the owner has
been given an opportunity for a hearing.
The proposed structure meets the above conditions and is so stipulated in the
Resolution; a variance is requested to keep a portion of the previously approved stable
in the front setback as a mixed -use structure.
Utility Lines/ Septic Tank
All utility lines, if not already underground, shall be placed underground. Any changes
to the septic tank will be reviewed by Los Angeles County Public Health.
General
The mixed -use structure is requested in order to legalize all conditions on the lot. The
previously approved residential addition (and the illegally constructed residential
addition) were built too close to the existing stable. The Los Angeles Public Health
Department requires a minimum of 35 feet distance from all residential living space to
any horse or animal keeping areas. There is less. than 35 feet from the existing
unpermitted non -conforming portion of the residence and the existing stable. The
applicant is seeking to change the use of the existing stable structure to eliminate the
nonconformity.
Justification from Applicant
"The project is compatible with the General Plan, Zoning Ordinance and surrounding
uses other than a portion of it being located in the front yard setback. The residence,
with the new addition, will still be in line with the size of the adjacent residences. From
a site coverage standpoint the site with the addition of the proposed structures is still
well below the allowable 30% overall coverage allowance. The conversion of the stable
to a recreation room and storage space stays compatible with the General Plan, as it was
already constructed in the front setback. The legalization of the building addition is also
compatible as it is outside of all setbacks and there is no overage in structural coverage.
The original approved building and covered porch shown in the area of the
unpermitted addition so there were no changes to ridge height or coverages. The
ZC No. 939 9 Johns Canyon 6
• •
setbacks are on par with those surrounding it, 35 feet for the side yards and 50 feet for
front and rear as it is the RAS-2 zone. The disturbance of the lot is all existing from the
previous development and no additional disturbance is proposed other than for the
future stable set -aside.
The addition will be connected to the existing residence and located on a previously
developed pad. There is no grading required, other than over -excavation and re -
compaction for the slab. There are no hillsides or knolls and no mature trees or
vegetation. The stable set -aside' is in a location which minimal grading would be
required, including for a future 6 foot pathway. The legalization of the building
addition was also already under the roof of the approved house so there is no grading
required for this.
The site development plan follows the natural contours of the site by concentrating the
development in an area that was previously developed. The only new grading required
is for over -excavation and re -compaction for the slab and a future stable set aside.
The area of proposed structures was previously developed as a building pad and does
not have any existing vegetation on it. The proposed addition is behind a fence and
connected to the existing residence.
Building coverage is minimized by proposing a modes addition and keeping the lot
coverage below the zoning code requirements.
The plan is harmonious in scale and mass as surrounding residences. The neighboring
residences vary between being larger and smaller than the residence with the proposed
addition. The setbacks match those of neighboring properties in the RAS-2 zone.
There is not proposed change to the driveway access. There is no proposed increase in
the number of bedrooms so the number of residents and vehicles is not expected to
increase. The proposed addition is also behind an existing fence.
The Site Plan is sensitive and conforms with the requirements of CEQA and will not
have any significant impacts to the environment.
New residential addition of 384 sf.
A Variance is required due to 330 s.f. of the addition being in the front yard setback
with a maximum encroachment of 24 feet
Conversion of Barn to Recreation and Storage rooms
A Variance is required due to 350 s.f. of recreation room being in the front yard setback
encroaching a maximum of 11 feet. There is no further encroachment other than the
previously approved stable.
ZC No. 939 9 Johns Canyon 7
• •
Disturbance > 40%
The proposed disturbance of the site with the future stable set -aside is 65.27% The
Existing disturbance is 61.55% but is legal non -conforming.
The existing building pad was constructed largely towards the front of the lot, and due
to the code changes, the majority of the existing house is also in the front setback. This
means that unless the addition is placed at the back of the house, which wouldn't work
architecturally, any addition will be in the front yard setback. We have worked to
minimize the amount of encroachment and also to keep in the addition behind an
existing fence line. For the disturbance, the existing site condition is legal non-
conforming in that 61.55% of the lot was previously disturbed. For the future stable set -
aside we will need to increase this disturbance by 3.72% to 65.27%. The stable set -aside
needs to be 35 feet away from the residence which means that is t needs to be in an area
which was previously not disturbed. Regarding the encroachment of the newly
converted stable to recreation/storage rooms; there is no proposed additional
encroachment, the exterior of the footprint is not proposed to change.
Due to the layout of the lot and existing house there are minimal places to place an
addition outside of the front yard setback in a way that flows for the project site. The
variance will not be a detriment due to the fact that it will be connected to the existing
residence and appear as one continuous house. The encroachment from the existing
stable was approved previously and the project will simply change the use of the
building to a recreation room and storage.
The proposed residence, garage, and other additions are compatible with the general
plan and zoning ordinance with exception to the addition being located in the front
yard setback and the disturbance being exceeded. These exceptions are covered under
the variance requests".
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
City Council Review
When reviewing a resolution of approval, the City Council must consider whether the
proposed project meets the criteria for a Conditional Use Permit and Variances, as
attached below.
ZC No. 939 9 Johns Canyon 8
Environmental Review
The project has been determined to be categorically exempt (Class 3) pursuant
Section 15303 of the California Environmental Quality Act (CEQA) Guidelines.
SPR, CUP & VR
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from side property line
Rear: 50 ft. from rear property line
SPR required for grading & additions,
• Variance is required for encroachment
into front yard.
CUP to convert stable into mixed -use
structure
GRADING
Site Plan Review required if
excavation and/or fill or combination
thereof that is more than 3 feet in
depth and covers more than 2,000 sq.
ft.) must be balanced on -site.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
Stable
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any non -graded area where
impervious surfaces exist.)
STABLE (min. 450 S.F.
& 550 S.F. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
II
Project Summary
EXISTING II PROPOSED
SINGLE FAMILY RESIDENCE,
GARAGE, POOL, BARN
Residence
Garages
Pool/spa
Guest House
Pool equip.
Stable/Barn
Attach porch-
Det. Coy. Porch
Det. Trellis
Rec. Room
Storage
Service yard
TOTAL
N/A
4,895 s.f.
555 s.f.
350 s.f.
0 s.f.
80 s.f.
1,560 s.f.
470 s.f.
420 s.f.
300 s.f.
0 s.f.
O s.f.
96 s.f.
8,726 s.f.
16.06% of 54,332 s.f. net lot area
to
BATHROOM ADDITION,
REMOVAL OF SWIMMING
POOL, AND BARN
CONVERSION TO REC.
ROOM/STORAGE
Residence 5,500 s.f.
Garages 555 s.f.
Pool/spa 0 s.f.
Guest House 0 s.f.
Pool equip. 0 s.f.
Stable -future 450 s.f.
Attach porch- 250 s.f.
Det. Coy. Porch 420 s.f.
Det. Trellis 300 s.f.
Rec. Room 800 s.f.
Storage 760 s.f.
Service yard 96 s.f.
TOTAL 9,131 s.f.
100 cy of grading (overexcavation
and compaction)
Balanced on site
16.81% of 54,332 s.f. net lot area
25.24% of 54,332 s.f. net lot area 25.12% of 54,332 s.f. net lot area
56.08% of 15,258 s.f. pad
0% (no existing pad)
62.55% or 33,985 s.f.
1,560 s.f. stable
Existing approach
Existing driveway approach
N/A
N/A
55.78% of 15,258 s.f. pad
173.08% (if a pad were created)
65.27% or 35,460 s.f. with stable
and corral set aside
62.55% or 33,985 s.f. actual project
disturbance (unchanged)
450 s.f. (stable set -aside)
New pathway (set -aside only)
Existing driveway approach
N/A
N/A
ZC No. 939 9 Johns Canyon
9
•
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.
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.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC No. 939 9 Johns Canyon 10
Reffaif qee4
INCORPORATED JANUARY 24, 1957
NO.2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No. 6A
Mtg. Date: 09-25-18
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: JULIA STEWART, ACTING PLANNING DIRECTOR 3
JOHN SIGNO, CONTRACT PLANNER
THRU: YOLANTA SCHWARTZ, INTERIM CITY MANAGER (/,�
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 939
9 JOHNS CANYON ROAD (LOT 170-A-1-MS)
RAS-2, 2.0 ACRES (GROSS)
DAVID STONE
TAVISHA NICOLSON, BOLTON ENGINEERING
DAVE PALACIOS, AGENT
July 5, 2018 and August 9, 2018
REQUEST AND PLANNING COMMISSION ACTION
Applicant Request
The applicant is proposing a small residential addition, legalizing an as -built residential
addition, demolishing an existing swimming pool, pool deck, pool equipment and
covered porch area, and converting an existing stable into a mixed -use structure. •
Conditional Use Permit
The applicant is requesting a Conditional Use Permit to convert an existing 1,560 square
foot stable to a mixed -use structure with a recreation room and storage space.
Variances
The applicant requests two variances for the proposed project: 1) to encroach into the
front yard setback by 24 linear feet, with 325 square feet of proposed residential
addition in the encroachment; and 2) an encroachment of the existing barn that will be
converted into a mixed use building, which encroaches 12 feet into the required front
yard setback.
ZC NO.939 9 Johns Canyon
1
• •
Administrative Review
Also proposed is to construct a new 385 square foot residential addition (additional
bathroom), legalize a 220 square foot as -built residential addition, and demolish the
pool, porch and other outdoor amenites. These improvements do not . require a
discretionary review by the Planning Commission, but are listed for information
because they are a part of a larger project and will be undertaken at the same time.
Additionally, the applicant has included the stable and corral set aside area in the
disturbance calculations of 65.27%, but a variance is only needed if the set aside area is
located in an area requiring a discretionary approval. The proposed project would be
constructed entirely within the existing area of disturbance, and the stable and corral
are not proposed at this time, so no variance is needed for disturbance. The existing
disturbance will remain at 62.55%.
Planning Commission Review
The project was initially presented to the Planning Commission at its regular meeting
held on July 17, 2018. A morning field trip was conducted for the project on August 21,
2018 with additional review and discussion at the evening Planning Commission
meeting held on that same date. After review and discussion of revisions to the project,
the Planning Commission directed staff to prepare a Resolution of approval.
Special Conditions of Approval
At the field visit on August 21, 2018 by the Planning Commission, the Commission was
presented with information regarding the future of the loft in the stable that is proposed
to be converted to mixed use. As a result, the following special consideration has been
included:
• The loft in the existing stable will remain once the building is converted to mixed
use. However, the staircase leading to the loft shall be removed and the loft area
shall be converted to attic space, per the City's definition:
'Storage area" means space within a building or structure, including
attics, used for storing of items. It includes spaces located below or above
a story and may not exceed six feet in height at any one point. Attics may
have a ceiling that follows the shape and the angle of the roofline, which
could be more than six feet high at the peak of the ceiling. Attics and
storage areas shall not have doors to the exterior, window openings,
heating or air conditioning'.
This condition is specific to this project and is included in the draft Resolution together
with the standard findings of facts and conditions of approval.
Recommendation
It is recommended that the Planning Commission review and consider the attached
Resolution 2018-12 for adoption.
ZC No. 939 9 Johns Canyon 2
Environmental Review
The project has been determined to be categorically exempt (Class 3) pursuant to
Section 15303 of the California Environmental Quality Act (CEQA) Guidelines.
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;
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 APPROVAL OF CONDITIONAL USE PERMIT
17.42.050 Basis for approval or denial of conditional use permit.
ZC No. 939 9 Johns Canyon 3
• •
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.
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.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC No. 939 9 Johns Canyon
4
• •
RESOLUTION NO. 2018-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT TO CONVERT THE
EXISTING 1,560 SQUARE FOOT STABLE TO A MIXED -USE STRUCTURE; AND TWO
VARIANCES FOR A 24 FOOT ENCROACHMENT INTO THE FRONT YARD SETBACK
WITH A 330 SQUARE FOOT ADDITION TO THE RESIDENCE AND WITH A MIXED -USE
STRUCTURE IN ZONING CASE NO. 939 AT 9 JOHNS CANYON ROAD, LOT 170-A-1-MS,
(DAVID STONE).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Tavisha Ales and Dave Palacios on
behalf of David Stone with respect to real property located at 9 Johns Canyon Road, Rolling
Hills (Lot 170-A-1-MS) requesting a Conditional Use Permit to convert a stable into a mixed-
used structure and two Variances for the residential addition and mixed -use structure to be
located in the front yard setback. The applicant also applied for other miscellaneous
improvements.
A 1,000 square foot set aside area for a future stable and corral has been designated,
which if constructed would cause additional disturbed area on the lot, which currently is
62.55%. The proposed project would be constructed entirely within the existing disturbed
area. Therefore, currently no variance is needed for the disturbance even though the
calculations for an increased disturbance were disclosed to the Planning Commission and
included for informational purposes.
Section 2. The Planning Commission conducted a duly noticed public hearing on
July 17, 2018 at its regular evening meeting. On August 21, 2018, the Planning Commission
conducted a duly noticed public hearing by viewing the project in the field, opening the
hearing to enable brief public testimony and continuing the meeting to the evening meeting of
the Planning Commission on that same date. At the August 21, 2018 evening meeting, the
Planning Commission provided direction to staff to prepare a resolution of approval for the
proposed project.
Neighbors within a 1,000-foot radius were notified of the public hearings and a notice was
published in the Peninsula News on July 5, 2018 and August 9, 2018. The applicants and their
agents were notified of the public hearings in writing by first class mail and the applicants and
agents were in attendance at the hearing. Evidence was heard and presented from all persons
interested in affecting said proposal, and from members of the City staff.
Section 3. The property is zoned RAS-2 and the gross lot area is 2.0 acres. The net lot
area is 1.25 acres or 54,332 square feet, which is considered legal nonconforming. The existing
property is currently improved with an existing 4,895 square foot house, 555 square foot
garage, 1,560 square foot stable, pool, and other miscellaneous structures
Resolution No. 2018-12
9 Johns Canyon Mixed -Use Structure and Residential Addition -1-
• •
Section 4. The Planning Commission finds that the project is exempt from the
California Environmental Quality Act, (CEQA) pursuant to Class 3, Section 15303 of the CEQA
guidelines.
Section 5. Conditional Use Permit. Section 17.16.040 of the Rolling Hills Municipal
Code permits approval of a mixed -use structure with a Conditional Use Permit. The Planning
Commission must consider applications for a Conditional Use Permit and may, with such
conditions as are deemed necessary, approve a conditional use which will not jeopardize,
adversely affect, endanger or to otherwise constitute a menace to the public health, safety or
general welfare or be materially detrimental to the property of other persons located in the
vicinity of such use. With respect to this request for a Conditional Use Permit to convert a
1,560 square foot stable to a mixed -use structure, the Planning Commission finds as follows:
A. The proposed conditional use is consistent with the General Plan. The proposed
mixed -use structure is more compatible with the existing land uses than the stable given the
proximity of the structure to the residence, which is used for habitation and sleeping quarters.
The project is consistent with the General Plan since it provides an area for a new stable set
aside area reflecting the equestrian nature of the community. B. The nature,
condition, and development of adjacent uses, buildings and structures have been considered,
and the use will not adversely affect or be materially detrimental to these adjacent uses,
buildings, or structures. The current stable use is materially detrimental to the current main
residence due to the proximity of the structures. The proposed mixed -use structure that would
replace the stable, on the other hand, is more consistent with the main residence on the
property. The proposed mixed -use structure is also located on a 2.0 acre lot and its general
location is of sufficient distance from the nearby residences so as to not impact the view or
privacy of surrounding neighbors. The proposed mixed -use structure will also be screened by
existing landscaping which will further ensure that it does not adversely affect the neighboring
structures.
C. The site for the proposed conditional use is adequate size and shape to
accommodate the use and building proposed. The proposed mixed -use structure is 1,560
square feet and is large enough to support a recreation room with storage. It also complies
with the low profile residential development pattern of the community and will not give the
property an over -built look. The lot is 2.0 gross acres and is sufficiently large to accommodate
the proposed mixed -use structure.
D. The proposed conditional use complies with all applicable development
standards of the zone district. The mixed -use structure complies with the Zoning Ordinance,
including Section 17.12.130 and Section 17.16.210(A)(6) subject to the variance granted
pursuant to this resolution.
E. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting criteria for hazardous waste
facilities because the project site is not listed on the current State of California Hazardous
Waste and Substances Sites List. It will not affect any existing hazardous waste management
facilities.
Resolution No. 2018-12
9 Johns Canyon Mixed -Use Structure and Residential Addition -2-
F. The proposed conditional use observes the spirit d intent of this title. The
P P
proposed mixed -use structure will provide the residence with a recreation room and storage
area and remove a potential zoning code violation that stems from the proximity of the current
stable structure to the residence. The proposed mixed -use structure complies with the zoning
code in terms of area, height, use, and aesthetics. It will also comply with the setback
requirement based on the variance granted in this resolution. The proposed recreation room
component of the new mixed -use structure complies with the maximum allowable square
footage for this site. The storage component also complies with the maximum allowable
square footage.
Section 6. Variances. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary circumstances
applicable to the property prevent the owner from making use of a parcel of property to the
same extent enjoyed by similar properties in the same vicinity or zone.
For the mixed -use structure, a variance from the requirements of Section 17.16.210(A)(6)
(mixed -use structures cannot be located in the front yard) and from Section 17.16.110
(structures cannot be located in the front yard front yard setback) of the Zoning Ordinance is
required. For the addition to the residence, a variance from the requirement of Section
17.16.110 (structures cannot be located in the front yard front yard setback) of the Zoning
Ordinance is required.
With respect to the aforementioned request for a variance, the Planning Commission
finds as follows:
1. There are exceptional or extraordinary circumstances and conditions applicable
to the property that do not apply generally to other properties in the same vicinity and zone.
The natural slope of the subject property the location of the building pad, and the shape of the
lot constrain development. The current stable was granted a variance to be located in the front
yard setback due to the oddly shaped lot. The same conditions warrant granting a variance to
allow a conversion of the stable to a mixed -use structure in the front yard setback.
The residential addition is located within the setback area because it is creating a master suite
with one of the bedrooms of the house. This prevents it from being placed on another portion
of the home. Further, placing the bathroom addition to the rear of the residence would require
the owners to demolish the only covered porch on the property, an amenity enjoyed by most
property owners in the City.
2. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property owners in the same vicinity and zone but which is
denied to the property in question by strict application of the code. The variance is necessary
to allow the mixed -use structure in the front yard setback. The stable was previously granted a
variance to be located in the front yard setback. The proximity of the stable to the residence
violates the code. Allowing the conversion of the stable to a mixed -use structure in the front
yard setback is necessary to preserve the structure. The variance is necessary to provide the
Applicant with a use for the building.
Resolution No. 2018-12
9 Johns Canyon Mixed -Use Structure and Residential Addition -3-
The variance to allowthe addition to the residence to remain the front yard setback is
necessary to the preservation of the Applicant's property right since the placement of
the addition is essential to preserving the only covered porch on the property, an
amenity enjoyed by most property owners in the City. The residential addition is
located within the setback area because it is creating a master suite with one of the
bedrooms of the house. This prevents it from being placed on another portion of the
home.
3. The granting of the variance would not be materially detrimental to the public
welfare or injurious to the properties or improvements in such vicinity. The mixed -use
structure in the front yard setback will not be detrimental to the public welfare or injurious to
the properties or improvements in the vicinity because it will be blocked by a planter wall
making it minimally visible from adjacent properties. Rather, it will be beneficial to the public
welfare and other properties since more space will be provided between the residence and the
stable bringing the property into code compliance. It will not negatively affect drainage or
traffic circulation to and from the property.
The variance to allow the addition to the residence to remain in the front yard setback would
not be materially detrimental to the public welfare or injurious to the properties or
improvements in the vicinity because it is already built. Additionally, only a small portion of
the addition extends into the front yard setback. The addition is cohesive when compared to
the remainder of the residence. It will also not negatively affect drainage or traffic circulation
to and from the property.
4. In granting the variance, the spirit and intent of the Zoning Ordinance will be
observed. The proposed mixed -use structure in the front yard setback will be within the spirit
and intent of the Zoning Ordinance. It will not detrimentally affect the rural character of the
community. The design of the mixed -use structure is orderly and attractive. The style is
cohesive with the rural character and will match the construction of the residence.
The portion of the addition to the residence in the front yard setback will also not
detrimentally affect the rural character of the community. The addition is cohesive with the
rural character of the City and the remainder of the residence. Additionally, even with the
addition, the size of the residence is similar to or smaller than other nearby residences.
Granting the variance to allow a portion of the addition to extend into the front yard setback
will be within the spirit and intent of the Zoning Ordinance.
5. The variance will not grant special privilege to the applicant. The proposed
mixed -use structure is bringing the property into code compliance since it is taking the place
of a stable that is in the front yard setback which is too close to the residence. The proposed
mixed -use structure in the front yard setback is usable as a recreation room and storage space.
It is no longer usable as a stable.
Granting the variance to allow a portion of the addition to the residence in the front
yard will not grant a special privilege to the applicant. It is necessary in order to
preserve the only covered porch on the property, an amenity enjoyed by most property
owners in the City. The residential addition is located within the setback area because it
is creating a master suite with one of the bedrooms of the house. This prevents it from
being placed on another portion.of the home.
Resolution No. 2018-12
9 Johns Canyon Mixed -Use Structure and Residential Addition -4-
The size of the remodeled residence is similar to other remodeled and new residences in the
area or smaller.
6. The variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities. The variance to allow the mixed -use structure in the front yard setback is consistent
with the portions of the County of Los Angeles Hazardous Waste Management Plan relating
to siting and siting criteria for hazardous waste facilities because the project site is not listed on
the current State of California Hazardous Waste and Substances Sites List. It will not affect
any existing hazardous waste management facilities.
The variance to allow a portion of the addition to the residence to extend into the front yard
setback is consistent with the portions of the County of Los Angeles Hazardous Waste
Management Plan relating to siting and siting criteria for hazardous waste facilities because
the project site is not listed on the current State of California Hazardous Waste and Substances
Sites List. It will not affect any existing hazardous waste management facilities.
7. The variance is consistent with the General Plan of the City of Rolling Hills.
Although the variance will allow a mixed -use structure in the front yard area, it will allow the
property owner to make use of the existing stable structure. It will also bring the property into
code compliance since the mixed -use structure can no longer be used as a stable due to the
proximity of the stable to the addition to the residence. Accordingly, the project is still in line
with the General Plan's requirement of low profile, low -density residential development with
sufficient open space between surrounding structures. Finally, even though the stable is being
converted to a mixed -use structure, the project provides for a stable set aside, which is in line
with the City's General Plan's focus on an equestrian community. .
The variance to allow a portion of the addition to the residence to extend into the front yard
setback is consistent with the General Plan. Even with the addition, the size of the residence is
similar to or smaller than other nearby residences. It meets the General Plan's requirement of
low profile, low -density residential development with sufficient open space between
surrounding structures and maintaining sufficient setbacks to provide buffers between
residential uses; only a small portion of the addition extends into the front yard setback. There
is still sufficient space in the setback to buffer the property's residential use from other
neighboring residences.
Section 7. Based upon the foregoing findings, and the evidence in the record, the
Planning Commission hereby approves Applicant's requests in Zoning Case No. 939for a
conditional use permit to the convert the stable to a 1,560 square foot mixed -use structure and
two variances to allow a portion of the mixed -use structure to be located in the front yard
setback and a portion of the 385 square foot addition to be located in the front yard setback,
subject to the following conditions:
A. This approval shall expire within two years from the effective date of approval
unless the approval granted is otherwise extended pursuant to the requirements of RHMC
Sections 17.42.070 and 17.38.070.
B. If any condition of this resolution is violated, the entitlement granted by this
resolution shall be suspended and the privileges granted hereunder shall lapse and upon
Resolution No. 2018-12
9 Johns Canyon Mixed -Use Structure and Residential Addition -5-
receipt of written notice from the City, all construction work performed,if any,on the
P t3' being
subject property shall immediately cease, other than work determined by the City Manager or
his/her designee required to cure the violation. The stop work order will be lifted once the
Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In
the event that the Applicant disputes the City Manager or his/ her designee's determination
that a violation exists or disputes how the violation must be cured, the Applicant may request
a hearing before the City Council. The hearing shall be scheduled at the next regular meeting
of the City Council for which the agenda has not yet been posted, the Applicant shall be
provided written notice of the hearing. The stop work order shall remain in effect during the
pendency of the hearing. The City Council shall make a determination as to whether a
violation of this Resolution has occurred. If the Council determines that a violation has not
occurred or has been cured by the time of the hearing, the Council will lift the stop work order.
If the Council determines that a violation has occurred and has not yet been cured, the Council
shall provide the Applicant with a deadline to cure the violation; no construction work shall be
performed on the property until and unless the violation is cured by the deadline, other than
work designated by the Council to accomplish the cure. If the violation is not cured by the
deadline, the Council may either extend the deadline at the Applicant's request or schedule a
hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter
17.58 of the RHMC.
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied with
unless otherwise set forth in this permit, or shown otherwise on an approved plan.
Construction fencing may be required.
D. The lot shall be developed and maintained in substantial conformance with the
site plan on file received on July 12, 2018 except as otherwise provided in these conditions. The
working drawings submitted to the Department of Building and Safety for plan check review
shall conform tothe approved development plan. All conditions of the CUP and Variance
approvals shall be incorporated into the building permit working drawings, and where
applicable complied with prior to issuance of a grading or building permit from the building
department.
The conditions of approval of this Resolution shall be printed onto building plans submitted to
the Building Department for review and shall be kept on site at all times.
Any modifications and/or changes to the approved project, including resulting from field
conditions, shall be discussed and approved by staff prior to implementing the changes.
E. Prior to submittal of final working drawings to Building and Safety Department
for issuance of building permits, the plans for the project shall be submitted to City staff for
verification that the final plans are in compliance with the plans approved by the Planning
Commission.
F. A licensed professional preparing construction plans for this project for Building
Department review shall execute a Certificate affirming that the plans conform in all respects
to this Resolution approving this project and all of the conditions set forth therein and the
City's Building Code and Zoning Ordinance.
Resolution No. 2018-12
9 Johns Canyon Mixed -Use Structure and Residential Addition -6-
• •
Further, the person obtaining a building and/or grading permit for this project shall
execute a Certificate of Construction stating that the project will be constructed according to
this Resolution and any plans approved therewith.
G. Structural lot coverage of the lot shall not exceed 9,131 square feet or 16.81% of
the net lot area, in conformance with lot coverage limitations (20% maximum). The structural
coverage on the building pad shall not exceed 8,556 square feet or 56.08%.
The total lot coverage proposed, including structures and flatwork, shall not exceed
13,648 square feet or 25.12%, of the net lot area, in conformance with lot coverage limitations
(35% max).
H. Balanced grading of 100 cubic yards will be done for over -excavation and
compaction shall take place for the proposed project. The disturbed area of the lot, including
the approved stable and corral set aside shall not exceed 65.27%, excluding the set aside area,
shall not exceed 62.55%.
I. A minimum of five-foot level path and/or walkway, which does not have to be
paved, shall be provided around the entire perimeter of all structures, or as otherwise required
by the Fire Department.
J. The mixed -use structure shall not be used as habitable space, and may not have a
kitchen, and shall meet all of the requirements of Section 17.16.210(6).
K. The finished roof height of the proposed improvements shall not exceed 16 feet
at the highest ridgeline.
L. The property on which the project is located shall contain an area of minimum of
1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and
corral (550 square feet) with access thereto.
M. The applicant shall comply with all requirements of the Lighting Ordinance of
the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, roofing
and material requirements of properties in the Very High Fire Hazard Severity Zone.
N. All utility lines to the mixed -use structure and residence shall be placed
underground, subject to all applicable standards and requirements.
O. A drainage plan, if required by the Building Department, shall be prepared and
approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to
LA County Code requirements.
O. If applicable, the new landscaping shall be subject to the requirements of the
City's Water Efficient Landscape Ordinance (Chapter 13.18of the RHMC).
P. The setback lines and roadway easement lines in the vicinity of the construction
for this project shall remain marked throughout the construction.
Resolution No. 2018-12
9 Johns Canyon Mixed -Use Structure and Residential Addition -7-
• •
The silhouette (story poles) shall be taken down and removed from the property
immediately upon completion of the review process of the project.
Q. Perimeter easements, including roadway easements and trails, if any, shall
remain free and clear of any improvements including, but not be limited to fences -including
construction fences, any hardscape, driveways, landscaping, irrigation and drainage devices,
except as otherwise approved by the Rolling Hills Community Association.
R. Any construction facility, such as a construction trailer/office or portable toilets,
to a maximum extent practicable, shall be located in a manner not visible from the street, and
be in a location satisfactory to City staff.
S. Minimum of 65% of any construction materials must be recycled or diverted
from landfills. The hauler of the materials shall obtain City's Construction and Demolition
permits for waste hauling prior to start of work and provide proper documentation to the City.
T. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances and
engineering practices so that people or property are not exposed to undue vehicle trips, noise,
dust, and objectionable odors shall be required.
U. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of 7 AM
and 6 PM, Monday through Saturday, when construction and mechanical equipment noise is
permitted, so as not to interfere with the quiet residential environment of the City of Rolling
Hills.
V. The contractor shall not use tools that could produce a spark, including for
clearing and grubbing, during red flag warning conditions. Weather conditions can be found
at: httpWwww.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It
is the sole responsibility of the property owner and/or his/her contractor to monitor the red
flag warning conditions. Should a red flag warning be declared and if work is to be conducted
on the property, the contractor shall have readily available fire distinguisher.
W. The property owners shall be required to conform with the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMP's) requirements related to solid waste, drainage and storm water drainage facilities
management. Further the property owners shall be required to conform to the County Health
Department requirements for a septic system, if a new septic system is required.
X. Prior to finalizing the project an "as constructed" set of plans and certifications,
including certifications of ridgelines of the structure, shall be provided to the Planning
Department and the Building Department to ascertain that the completed project is in
compliance with the approved plans. In addition, any modifications made to the project
during construction, shall be depicted on the "as built" plan.
Resolution No. 2018-12
9 Johns Canyon Mixed -Use Structure and Residential Addition -8-
• ehY. Construction vehicles or equipment, ment, employees ees vehicles, delivery trucks shall
not impede any traffic lanes to the maximum extend practical; and if necessary to block traffic
in order to aid in the construction, no more than a single lane may be blocked for a short
period of time and flagmen utilized on both sides of the impeded area to direct traffic.
Z. The applicant must screen the proposed mixed -use structure by maintaining
adequate landscaping to screen it from Johns Canyon Road and any new trees or shrubs, shall
not at any time during growth be higher than the ridgeline of the existing ridgeline of the
residence.
AA. The loft in the existing stable will remain once the building is converted to
mixed -use. However, the staircase leading to the loft shall be removed and the loft area
shall be converted to attic space, per the City's definition:
'Storage area" means space within a building or structure, including attics, used for
storing of items. It includes spaces located below or above a story and may not
exceed six feet in height at any one point. Attics may have a ceiling that follows the
shape and the angle of the roofline, which could be more than six feet high at the
peak of the ceiling. Attics and storage areas shall not have doors to the exterior,
window openings, heating or air conditioning'.
AB. The applicant shall execute an Affidavit of Acceptance of all conditions of this
permit pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall
be recorded together with the resolution.
PASSED, APPROVED AND ADOPTED THIS 25TH DAY OF SEPTEMBER 2018.
BRAD CHELF, CHAIRMAN
ATTEST:
YVETTE HALL, CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing on
this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling
Hills Municipal Code and Code of Civil Procedure Section 1094.6.
Resolution No. 2018-12
9 Johns Canyon Mixed -Use Structure and Residential Addition -9-
STATE OF CALIFORNIA •
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2018-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT TO CONVERT
THE EXISTING 1,560 SQUARE FOOT STABLE TO A MIXED -USE STRUCTURE; AND
TWO VARIANCES FOR A 24 FOOT ENCROACHMENT INTO THE FRONT YARD
SETBACK WITH A 330 SQUARE FOOT ADDITION TO THE RESIDENCE AND WITH
A MIXED -USE STRUCTURE IN ZONING CASE NO. 939 AT 9 JOHNS CANYON
ROAD, LOT 170-A-1-MS, (DAVID STONE).
was approved and adopted at a regular meeting of the Planning Commission on September 25,
2018 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
YVETTE HALL, CITY CLERK
Resolution No. 2018-12
9 Johns Canyon Mixed -Use Structure and Residential Addition -10-
• •
Gat, 06 Roger",
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: 08-21-18
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: JULIA STEWART, ACTING PLANNING DIRECTOR
JOHN SIGNO, CONTRACT PLANNER `T
APPLICATION NO. ZONING CASE NO. 939
SITE LOCATION: 9 JOHNS CANYON ROAD (LOT 170-A-1-MS)
ZONING AND SIZE: RAS-2, 2.0 ACRES (GROSS)
APPLICANT: DAVID STONE
REPRESENTATIVE: TAVISHA NICOLSON, BOLTON ENGINEERING
DAVE PALACIOS, AGENT
PUBLISHED: July 5, 2018 and August 9, 2018
PROTECT DESCRIPTION AND RECOMMENDATION
The Project
The applicant is proposing a small residential addition, legalizing an as -built residential
addition, demolishing an existing swimming pool, pool deck, pool equipment and
covered porch area, and converting an existing stable into a mixed -use structure.
Site Plan Review
The applicant is requesting a Site Plan Review to construct a new 385 square foot
residential addition and legalize a 220 square foot as -built residential addition.
Conditional Use Permit
The applicant is requesting a Conditional Use Permit to convert an existing 1,560 square
foot stable to a mixed -use structure with a recreation room and storage space.
Variances
The applicant requests multiple variances for the proposed project: 1) to encroach into
the front yard setback by 24 linear feet, with 325 square feet of proposed residential
ZC NO.939 9 Johns Canyon
1/10
1
• •
addition in the encroachment, 2) the existing barn that will be converted into a mixed
use building encroaches 12 feet into the required front yard setback, and 3) the future
stable, corral, and access will add disturbance to the site which already exceeds the
maximum allowable 40% disturbance at 61.55%. The proposed project will add 3.72% of
disturbance, or 2,020 square feet, for a total of 65.27%.
Field Visit
The Planning Commission viewed the project in the field earlier today, opened the
hearing to enable brief public testimony and continued the . meeting to the evening
meeting of the Planning Commission. It is recommended that the Planning Commission
continue the public hearing and provide direction to staff.
BACKGROUND
Demolition
Along with the new construction, the applicant proposes the demolition of an existing
swimming pool, pool deck, pool equipment, and covered porch area.
A loft in the existing stable will be eliminated once the building is converted to mixed
use. The staircase leading to the loft will be removed and the loft area will be converted
to attic space, per City's definition:
"Storage area" means space within a building or structure, including attics, used
for storing of items. It includes spaces located below or above a story and may
not exceed six feet in height at any one point. Attics may have a ceiling that
follows the shape and the angle of the roofline, which could be more than six feet
high at the peak of the ceiling. Attics and storage areas shall not have doors to
the exterior, window openings, heating or air conditioning".
Zoning, Land Size and Existing Conditions
The property is zoned RAS-2 and the gross lot area is 2.0 acres. For development
purposes the net lot area of the lot is 54,332 square feet, which is considered legal.
nonconforming. Records show that the property is improved with an existing 4,895
square foot house with a 555 square foot garage and the barn.
Driveway and Motor Court
The applicant does not propose any changes to the driveway or driveway apron.
Past Approval for the Property
On January 17, 1973, the Planning Commission approved a conditional use permit for
construction of a garage in the front yard.
On December 7, 1976, the Planning Commission approved a conditional use permit for
the construction of a stable in the front yard of the property.
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In 1989, a 1,741 square foot addition, including 3 new bedrooms, bathrooms, and an
addition to the garage, were constructed.
On March 26, 2009, a building permit was issued for re -roofing.
On October 12, 2009, the City Council approved a request for a new driveway according
to plans reviewed by the City's Traffic Commission on September 24, 2009.
MUNICIPAL CODE COMPLIANCE
Grading and Stabilization
Balanced grading of 100 cubic yards will be done for overexcavation and recompaction.
The future stable and corral requires 20 feet of cut and 20 feet of fill for a total of 40
cubic yards. No dirt will be imported or exported.
Disturbance
The total disturbed area for the project site is 61.55% or 33,440 square feet. The proposed
project will add 3.72% or 2,020 square feet, which brings the total to 65.27% or 35,460
square feet. Thus, a variance is required.
Height
The finished roof height of the proposed bathroom addition will be 16 feet. This is lower
than the existing highest ridgeline of 18 feet, as measured from the finished grade.
Drainage
The drainage and erosion control plans, if required, will be reviewed by Los Angeles
County prior to the issuance of any building permits.
Lot Coverage
The structural net lot coverage is proposed at 9,131 square feet or 16.81% (20% max.
permitted). The total lot coverage proposed (structural and flatwork) will be 13,648
square feet or 25.12% (35% max. permitted).
The building pad coverage on the main residence pad is 8,556 square feet or 56.08%,
which includes the residence, garage, swimming pool & spa, pool equipment, and
service yard structures, but excludes the permissible deductions of portion of the
attached porch and several of the miscellaneous outdoor amenities.
The building pad coverage on the new stable pad is proposed at 450 square feet or
173.08%, which includes the stable.. The stable pad would have to be created when the
stable and corral are constructed. (The reason for the large coverage is that most of the
future building pad, if created for the stable, will be in the rear setback (as is permitted
for stables); but the calculations of a building pad do not include flat areas in setbacks.
Therefore, the coverage for the 450 sf. future stable is calculated against that portion of
the flat area that is outside of setback.)
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Walls
No additional walls are included in the proposed project.
Stable and Corral Set Aside
The existing stable is proposed to be converted to a mixed -use structure. This is in part
due to the close proximity of the stable to the as -built residential addition to be
legalized. A stable and corral set aside have been included in the plans and calculations
for the proposed project.
CONDITIONAL USE PERMIT TABLES
A Conditional Use Permit is required for the mixed -use structure.
Mixed -Use Structure Requirements
Pursuant to the Zoning Ordinance, mixed -use structures are allowed uses with a
Conditional Use Permit and the following regulations apply:
Definition: "Mixed use structure" means a structure detached from the primary
building and used or designed to be used for a garage or for two or more of the
following uses: garage, keeping of horses or other permitted animals, storage of
equestrian, agricultural and general household goods, recreational purposes, an
office, a study or other uses. Two or more of the same uses within the structure
are not permitted. If any of the uses include keeping of horses or other permitted
animals, no portion of the structure may contain a guest-house or sleeping
quarters for humans.
Conditions: Mixed Use Structures. A mixed use structure, as defined by this
title, shall be subject to the following conditions:
a. Mixed use structures shall not be located in the front yard or any
setback;
b. That portion of the structure intended to be used for other than a
garage use, shall not exceed eight hundred square feet in size;
c. Vehicular access to the garage or mixed use structure shall not occur
within an easement or within twenty-five feet of the side or rear lot line;
d. If a portion of the structure is designed or intended to be used for a
garage, that portion shall be separated by an interior common wall
from the portion of the structure used as a stable, barn, office, study,
recreational use or other use. The interior common wall shall be
constructed in the same manner as found in attached townhouse
construction. No access from the interior of the portion used for a
garage to the interior of the portion used for the other use shall be
permitted;
e. If a portion of the structure is intended to be used as a stable, that
portion of the structure, in addition to meeting the requirements of this
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subsection shall be subject to the requirements of Chapter 17.18 of this
title.
f. If a portion of the structure is intended to be used as a garage, there
shall be no sleeping quarters, occupancy, kitchen or kitchenette
facilities, but a sanitary facility including a sink and toilet maybe
permitted. The remainder of the structure and its uses shall comply
with the provisions of this section for each individual use.
A loft area may be constructed only over the stable portion of the
mixed use structure, subject to the requirements of Chapter 17.18 of this
title.
h. Where the garage, stable or any other use that is specified on the
approved plan is converted to another use, or if the proportions of any
approved use is changed without required approvals, the permit
granting the mixed use structure may be revoked, pursuant to Chapter
17.58, and the structure shall be removed at the cost of the property
owner;
If any conditions of the permit are violated, or if any law, statute or
ordinance is violated, the permit may be revoked and the privileges
granted by the permit shall lapse, provided that the property owner has
been given written notice to cease such violation and has failed to do so
for a period of thirty days, and further provided that the owner has
been given an opportunity for a hearing.
The proposed structure meets the above conditions and will be so stipulated in the
Resolution, if the project is approved and no variance applies.
g•
Utility Lines/ Septic Tank
All utility lines, if not already underground, shall be placed underground. Any changes
to the septic tank will be reviewed by Los Angeles County Public Health..
General
The mixed -use structure is requested in order to legalize all conditions on the lot. The
previously approved residential addition (and the illegally constructed residential
addition) were built too close to the existing stable. The Los Angeles Public Health
Department requires a minimum of 35 feet distance from all residential living space to
any horse or animal keeping areas. There is less than 35 feet from the existing
unpermitted non -conforming portion of the residence and the existing stable. The
applicant is seeking to change the use of the existing stable structure to eliminate the
nonconformity.
Justification from Applicant
"The project is compatible with the General Plan, Zoning Ordinance and surrounding
uses other than a portion of it being located in the front yard setback. The residence,
with the new addition, will still be in line with the size of the adjacent residences. From
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a site coverage standpoint the site with the addition of the proposed structures is still
well below the allowable 30% overall coverage allowance. The conversion of the stable
to a recreation room and storage space stays compatible with the General Plan, as it was
already constructed in the front setback. The legalization of the building addition is also
compatible as it is outside of all setbacks and there is no overages in structural
coverage. The original approved building and covered porch shown in the area of the
unpermitted addition so there were no changes to ridge height or coverages. The
setbacks are on par with those surrounding it, 35 feet for the side yards and 50 feet for
front and rear as it is the RAS-2 zone. The disturbance of the lot is all existing from the
previous development and no additional disturbance is proposed other than for the
future stable set -aside.
The addition will be connected to the existing residence and located on a previously
developed pad. There is no grading required, other than over -excavation and re -
compaction for the slab. There are no hillsides or knolls and no mature trees or
vegetation. The stable set -aside is in a location which minimal grading would be
required, including for a future 6 foot pathway. The legalization of the building
addition was also already under the roof of the approved house so there is no grading
required for this.
The site development plan follows the natural contours of the site by concentrating the
development in an area that was previously developed. The only new grading required
is for over -excavation and re -compaction for the slab and a future stable set aside.
The area of proposed structures was previously developed as a building pad and does
not have any existing vegetation on it. The proposed addition is behind a fence and
connected to the existing residence.
Building coverage is minimized by proposing a modes addition and keeping the lot
coverage below the zoning code requirements.
The plan is harmonious in scale and mass as surrounding residences. The neighboring
residences vary between being larger and smaller than the residence with the proposed
addition. The setbacks match those of neighboring properties in the RAS-2 zone.
There is not proposed change to the driveway access. There is no proposed increase in
the number of bedrooms so the number of residents and vehicles is not expected to
increase. The proposed addition is also behind an existing fence.
The Site Plan is sensitive and conforms with the requirements of CEQA and will not
have any significant impacts to the environment.
New residential addition of 384 s.f.
A Variance is required due to 330 s.f. of the addition being in the front yard setback
with a maximum encroachment of 24 feet
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1'
Conversion of Barn to Recreation and Storage rooms
A Variance is required due to 350 s.f. of recreation room being in the front yard setback
encroaching a maximum of 11 feet. There is no further encroachment other than the
previously approved stable.
Disturbance > 40%
The proposed disturbance of the site with the future stable set -aside is 65.27% The
Existing disturbance is 61.55% but is legal non -conforming.
The existing building pad was constructed largely towards the front of the lot, and due
to the code changes, the majority of the existing house is also in the front setback. This
means that unless the addition is placed at the back of the house, which wouldn't work
architecturally, any addition will be in the front yard setback. We have worked to
minimize the amount of encroachment and also to keep in the addition behind an
existing fence line. For the disturbance, the existing site condition is legal non-
conforming in that 61.55% of the lot was previously disturbed. For the future stable set -
aside we will need to increase this disturbance by 3.72% to 65.27%. The stable set -aside
needs to be 35 feet away from the residence which means that is t needs to be in an area
which was previously not disturbed. Regarding the encroachment of the newly
converted stable to recreation/storage rooms; there is no proposed additional
encroachment, the exterior of the footprint is not proposed to change.
Due to the layout of the lot and existing house there are minimal places to place an
addition outside of the front yard setback in a way that flows for the project site. The
variance will not be a detriment due to the fact that it will be connected to the existing
residence and appear as one continuous house. The encroachment from the existing
stable was approved previously and the project will simply change the use of the
building to a recreation room and storage.
The proposed residence, garage, and other additions are compatible with the general
plan and zoning ordinance with exception to the addition being located in the front
yard setback and the disturbance being exceeded. These exceptions are covered under
the variance requests".
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must consider
whether the proposed project meets the criteria for Site Plan Review, a Conditional Use
Permit and Variances, as attached below.
ZC No. 939 9 Johns Canyon 7
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Environmental Review
The project has been determined to be categorically exempt (Class 3) pursuant
Section 15303 of the California Environmental Quality Act (CEQA) Guidelines.
Project Summary
EXISTING
SPR, CUP & VR II
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from side propertyline
Rear: 50 ft. from rear property line
SPR required for grading & additions,
Variance is required for encroachment
into front yard.
CUP to convert stable into mixed -use
structure
GRADING
Site Plan Review required if
excavation and/or fill or combination
thereof that is more than 3 feet in
depth and covers more than 2,000 sq.
ft.) must be balanced on -site.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any non -graded area where
impervious surfaces exist.)
STABLE (min. 450 S.F.
& 550 S.F. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
I VIEWS
I PLANTS AND ANIMALS
SINGLE FAMILY RESIDENCE,
GARAGE, POOL, BARN
Residence
Garages
Pool/spa
Guest House
Pool equip.
Stable/Barn
Attach porch-
Det. Coy. Porch
Det. Trellis
Rec. Room
Storage
Service yard
TOTAL
N/A
4,895 s.f.
555 s.f.
350 s.f.
0 s.f.
80 s.f.
1,560 s.f.
470 s.f.
420 s.f.
300 s.f.
0 s.f.
0 s.f.
96 s.f.
8,726 s.f.
16.06% of 54,332 s.f. net lot area
PROPOSED
BATHROOM ADDITION,
REMOVAL OF SWIMMING
POOL, AND BARN
CONVERSION TO REC.
ROOM/STORAGE
Residence 5,500 s.f.
Garages 555 s.f.
Pool/spa 0 s.f.
Guest House 0 s.f.
Pool equip. 0 s.f.
Stable -future 450 s.f.
Attach porch- 250 s.f.
Det. Coy. Porch 420 s.f.
Det. Trellis 300 s.f.
Rec. Room 800 s.f.
Storage 760 s.f.
Service yard 96 s.f.
TOTAL 9,131 s.f.
20 cy of cut and 20 cy of fill
50 cy of overexcavation
50 cy of recompaction
(140 cy of combined cut, fill,
overex. and recomp.)
16.81% of 54,332 s.f. net lot area
25.24% of 54,332 s.f. net lot area 25.12% of 54,332 s.f. net lot area
56.08% of 15,258 s.f. pad
61.55% or 33,440 s.f.
1,500 s.f.
Existing approach
Existing driveway approach
N/A
N/A
55.78% of 15,258 s.f. pad
65.27% or 35,460 s.f.
450 s.f. (set -aside)
New pathway
Existing driveway approach
Planning Commission review
Planning Commission review
to
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I
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; 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.
1146.050 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 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;
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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.
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.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC No. 939 9 Johns Canyon 10
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Rallewo qte4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No. 4AFT
Mtg. Date: 08-21-18
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: JULIA STEWART, ACTING PLANNING DIRECTOR
JOHN SIGNO, CONTRACT PLANNER
APPLICATION NO. ZONING CASE NO. 939
SITE LOCATION: 9 JOHNS CANYON ROAD (LOT 170-A-1-MS)
ZONING AND SIZE: RAS-2, 2.0 ACRES (GROSS)
APPLICANT: DAVID STONE
REPRESENTATIVE: TAVISHA NICOLSON, BOLTON ENGINEERING
DAVE PALACIOS, AGENT
PUBLISHED: July 5, 2018 and August 9, 2018
PROTECT DESCRIPTION AND RECOMMENDATION
The Project
The applicant is proposing a small residential addition, legalizing an as -built residential
addition, demolishing an existing swimming pool, pool deck, pool equipment and
covered porch area, and converting an existing stable into a mixed -use structure.
Site Plan Review
The applicant is requesting a Site Plan Review to construct a new 385 square foot
residential addition and legalize a 220 square foot as -built residential addition.
Conditional Use Permit
The applicant is requesting a Conditional Use Permit to convert an existing 1,560 square
foot stable to a mixed -use structure with a recreation room and storage space.
Variances
The applicant requests multiple variances for the proposed project: 1) to encroach into
the front yard setback by 24 linear feet, with 325 square feet of proposed residential
addition in the encroachment, 2) the existing barn that will be converted into a mixed
ZC NO.939 9 Johns Canyon
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1
• •
use building encroaches 12 feet into the required front yard setback, and 3) the future
stable, corral, and access will add disturbance to the site which already exceeds the
maximum allowable 40% disturbance at 61.55%. The proposed project will add 3.72% of
disturbance, or 2,020 square feet, for a total of 65.27%.
Recommendation
It is recommended that the Planning Commission view the project in the field, open the
public hearing, take brief public testimony and continue the meeting to the evening
meeting of the Planning Commission or provide other direction to staff.
BACKGROUND
Previous Meeting
On July 17, 2018, the Planning Commission reviewed the proposed project and
continued the public hearing to the August 21, 2018 field visit.
Demolition
Along with the new construction, the applicant proposes the demolition of an existing
swimming pool, pool deck, pool equipment, and covered porch area.
A loft in the existing stable will be eliminated once the building is converted to mixed
use. The staircase leading to the loft will be removed and the loft area will be converted
to attic space, per City's definition:
"Storage area" means space within a building or structure, including attics, used
for storing of items. It includes spaces located below or above a story and may not
exceed six feet in height at any one point. Attics may have a ceiling that follows the
shape and the angle of the roofline, which could be more than six feet high at the peak
of the ceiling. Attics and storage areas shall not have doors to the exterior, window
openings, heating or air conditioning".
Zoning, Land Size and Existing Conditions
The property is zoned RAS-2 and the gross lot area is 2.0 acres. For development
purposes the net lot area of the lot is 54,332 square feet, which is considered legal
nonconforming. Records show that the property is improved with an existing 4,895
square foot house, a 555 square foot garage and the barn.
Driveway and Motor Court
The applicant does not propose any changes to the driveway or driveway apron.
Past Approval for the Property
On January 17, 1973, the Planning Commission approved a conditional use permit for
construction of a garage in the front yard.
On December 7, 1976, the Planning Commission approved a conditional use permit for
the construction of a stable in the front yard of the property.
ZC No. 939 9 Johns Canyon 2
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0
In 1989, a 1,741 square foot addition, including 3 new bedrooms, bathrooms, and an
addition to the garage, were constructed.
On March 26, 2009, a building permit was issued for re -roofing.
On October 12, 2009, the City Council approved a request for a new driveway according
to plans reviewed by the City's Traffic Commission on September 24, 2009.
MUNICIPAL CODE COMPLIANCE
Grading and Stabilization
Balanced grading of 100 cubic yards will be done for overexcavation and recompaction.
The future stable and corral requires 20 feet of cut and 20 feet of fill for a total of 40
cubic yards. No dirt will be imported or exported.
Disturbance
The total disturbed area for the project site is 61.55% or 33,440 square feet. The proposed
project will add 3.72% or 2,020 square feet, which brings the total to 65.27% or 35,460
square feet. Thus, a variance is required.
Height
The finished roof height of the proposed bathroom addition will be 16 feet. This is lower
than the existing highest ridgeline of 18 feet, as measured from the finished grade.
Drainage
The drainage and erosion control plans, if required, will be reviewed by Los Angeles
County prior to the issuance of any building permits.
Lot Coverage
The structural net lot coverage is proposed at 9,131 square feet or 16.81% (20% max.
permitted). The total lot coverage proposed (structural and flatwork) will be 13,648
square feet or 25.12% (35% max. permitted).
The building pad coverage on the main residence pad is 8,556 square feet or 56.08%,
which includes the residence, garage, swimming pool Sr spa, pool equipment, and
service yard structures, but excludes the permissible deductions of portion of the
attached porch and several of the miscellaneous outdoor amenities.
The building pad coverage . on the new stable pad is proposed at 450 square feet or
173.08%, which includes the stable. The stable pad would have to be created when the
stable and corral are constructed. (The reason for the large coverage is that most of the
future building pad, if created for the stable, will be in the rear setback (as is permitted
for stables); but the calculations of a building pad do not include flat areas in setbacks.
Therefore, the coverage for the 450 sf. future stable is calculated against that portion of
the flat area that is outside of setback.)
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• •
Walls
No additional walls are included in the proposed project.
Stable and Corral Set Aside
The existing stable is proposed to be converted to a mixed -use structure. This is in part
due to the close proximity of the stable to the as -built residential addition to be
legalized. A stable and corral set aside have been included in the plans and calculations
for the proposed project.
CONDITIONAL USE PERMIT TABLES
A Conditional Use Permit is required for the mixed -use structure.
Mixed -Use Structure Requirements
Pursuant to the Zoning Ordinance, mixed -use structures are allowed uses with a
Conditional Use Permit and the following regulations apply:
Definition: "Mixed use structure" means a structure detached from the primary building
and used or designed to be used for a garage or for two or more of the following uses:
garage, keeping of horses or other permitted animals, storage of equestrian, agricultural
and general household goods, recreational purposes, an office, a study or other uses.
Two or more of the same uses within the structure are not permitted. If any of the uses
include keeping of horses or other permitted animals, no portion of the structure may
contain a guest-house or sleeping quarters for humans.
Conditions: Mixed Use Structures. A mixed use structure, as defined by this
title, shall be subject to the following conditions:
a. Mixed use structures shall not be located in the front yard or any
setback;
b. That portion of the structure intended to be used for other than a
garage use, shall not exceed eight hundred square feet in size;
c. Vehicular access to the garage or mixed use structure shall not occur
within an easement or within twenty-five feet of the side or rear lot line;
d. If a portion of the structure is designed or intended to be used for a
garage, that portion shall be separated by an interior common wall
from the portion of the structure used as a stable, barn, office, study,
recreational use or other use. The interior common wall shall be
constructed in the same manner as found in attached townhouse
construction. No access from the interior of the portion used for a
garage to the interior of the portion used for the other use shall be
permitted;
e. If a portion of the structure is intended to be used as a stable, that
portion of the structure, in addition to meeting the requirements of this
subsection shall be subject to the requirements of Chapter 17.18 of this
title;
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•
f. If a portion of the structure is intended to be used as a garage, there
shall be no sleeping quarters, occupancy, kitchen or kitchenette
facilities, but a sanitary facility including a sink and toilet maybe
permitted. The remainder of the structure and its uses shall comply
with the provisions of this section for each individual use;
A loft area may be constructed only over the stable portion of the
mixed use structure, subject to the requirements of Chapter 17.18 of this
title;
h. Where the garage, stable or any other use that is specified on the
approved plan is converted to another use, or if the proportions of any
approved use is changed without required approvals, the permit
granting the mixed use structure may be revoked, pursuant to Chapter
17.58, and the structure shall be removed at the cost of the property
owner; and
If any conditions of the permit are violated, or if any law, statute or
ordinance is violated, the permit may be revoked and the privileges
granted by the permit shall lapse, provided that the property owner has
been given written notice to cease such violation and has failed to do so
for a period of thirty days, and further provided that the owner has
been given an opportunity for a hearing.
The proposed structure meets the above conditions and will be so stipulated in the
Resolution, if the project is approved.
g.
Utility Lines/ Septic Tank
All utility lines, if not already underground, shall be placed underground. Any changes
to the septic tank will be reviewed by Los Angeles County Public Health.
General
The mixed -use structure is requested in order to legalize all conditions on the lot. The
previously approved residential addition (and the illegally constructed residential
addition) were built too close to the existing stable. The Los Angeles Public Health
Department requires a minimum of 35 feet distance from all residential living space to
any horse or animal keeping areas. There is less than 35 feet from the existing
unpermitted non -conforming portion of the residence and the existing stable. The
applicant is seeking to change the use of the existing stable structure to eliminate the
nonconformity.
Justification from Applicant
"The project is compatible with the General Plan, Zoning Ordinance and surrounding
uses other than a portion of it being located in the front yard setback. The residence,
with the new addition, will still be in line with the size of the adjacent residences. From
a site coverage standpoint the site with the addition of the proposed structures is still
well below the allowable 30% overall coverage allowance. The conversion of the stable
ZC No. 939 9 Johns Canyon 5
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• •
to a recreation room and storage space stays compatible with the General Plan, as it was
already constructed in the front setback. The legalization of the building addition is also
compatible as it is outside of all setbacks and there is no overages in structural
coverage. The original approved building and covered porch were located in the area of
the unpermitted addition so there will be no changes to ridge height or coverages. The
setbacks are on par with those surrounding it, 35 feet for the side yards and 50 feet for
front and rear as it is the RAS-2 zone. The disturbance of the lot is all existing from the
previous development and no additional disturbance is proposed other than for the
future stable set -aside.
The addition will be connected to the existing residence and located on a previously
developed pad. There is no grading required, other than over -excavation and re -
compaction for the slab. There are no hillsides or knolls and no mature trees or
vegetation. The stable set -aside is in a location which minimal grading would be
required, including for a future 6 foot pathway. The legalization of the building
addition was also already under the roof of the approved house so there is no grading
required for this.
The site development plan follows the natural contours of the site by concentrating the
development in an area that was previously developed. The only new grading required
is for over -excavation and re -compaction for the slab and a future stable set aside.
The area of proposed structures was previously developed as a building pad and does
not have any existing vegetation on it. The proposed addition is behind a fence and
connected to the existing residence.
Building coverage is minimized by proposing an addition on a developed pad and
keeping the lot coverage below the zoning code requirements.
The plan is harmonious in scale and mass as surrounding residences. The neighboring
residences vary between being larger and smaller than the residence with the proposed
addition. The setbacks match those of neighboring properties in the RAS-2 zone.
There is no proposed change to the driveway access. There is no proposed increase in
the number of bedrooms so the number of residents and vehicles is not expected to
increase. The proposed addition is also behind an existing fence.
The Site Plan is sensitive and conforms with the requirements of CEQA and will not
have any significant impacts to the environment.
New residential addition of 385 sf.
A 'Variance is required due to 330 s.f. of the addition being in the front yard setback
with a maximum encroachment of 24 feet.
Conversion of Barn to Recreation and Storage rooms
ZC No. 939 9 Johns Canyon 6
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A Variance is required due to 350 s.f. of recreation room being in the front yard setback
encroaching a maximum of 11 feet. There is no further encroachment other than the
previously approved stable.
Disturbance > 40%
The proposed disturbance of the site with the future stable set -aside is 65.27% The
existing disturbance is 61.55% but is legal non -conforming.
The existing building pad was constructed largely towards the front of the lot, and due
to the code changes, the majority of the existing house is also in the front setback. This
means that unless the addition is placed at the back of the house, which wouldn't work
architecturally, any addition will be in the front yard setback. We have worked to
minimize the amount of encroachment and also to keep in the addition behind an
existing fence line. For the disturbance, the existing site condition is legal non-
conforming in that 61.55% of the lot was previously disturbed. For the future stable set -
aside we will need to increase this disturbance by 3.72% to 65.27%. The stable set -aside
needs to be 35 feet away from the residence which means that it needs to be in an area
which was previously not disturbed. Regarding the encroachment of the newly
converted stable to recreation/storage rooms, there is no proposed additional
encroachment; the exterior of the footprint will not change.
Due to the layout of the lot and existing house there are minimal places to place an
addition outside of the front yard setback in a way that flows for the project site. The
variance will not be a detriment due to the fact that it will be connected to the existing
residence and appear as one continuous house. The encroachment from the existing
stable was approved previously and , the project will simply change the use of the
building to a recreation room and storage.
The proposed residence, garage, and other additions are compatible with the general
plan and zoning ordinance with exception to the addition being located in the front
yard setback and the disturbance being exceeded. These exceptions are covered under
the variance requests".
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must consider
whether the proposed project meets the criteria for Site Plan Review, Conditional Use
Permit and Variances, as attached below.
Environmental Review
The project has been determined to be categorically exempt (Class 3) pursuant to
Section 15303 of the California Environmental Quality Act (CEQA) Guidelines.
ZC No. 939 9 Johns Canyon 7
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SPR, CUP & VR
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from side property line
Rear: 50 ft. from rear property line
SPR required for grading & additions,
Variance is required for encroachment
into front yard.
CUP to convert stable into mixed -use
structure
GRADING
Site Plan Review required if
excavation and/or fill or combination
thereof that is more than 3 feet in
depth and covers more than 2,000 sq.
ft.) must be balanced on -site.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any non -graded area where
impervious surfaces exist.)
STABLE (min. 450 S.F.
& 550 S.F. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
Project Summary
EXISTING
SINGLE FAMILY RESIDENCE,
GARAGE, POOL, BARN
Residence
Garages
Pool/spa
Guest House
Pool equip.
Stable/Barn
Attach porch-
Det. Coy. Porch
Det. Trellis
Rec. Room
Storage
Service yard
TOTAL
N/A
4,895 s.f.
555 s.f.
350 s.f.
0 s.f.
80 s.f.
1,560 s.f.
470 s.f.
420 s.f.
300 s.f.
0 s.f.
0 s.f.
96 s.f.
8,726 s.f.
16.06% of 54,332 s.f. net lot area
25.24% of 54,332 s.f. net lot area
56.08% of 15,258 s.f. pad
61.55% or 33,440 s.f.
1,500 s.f.
Existing approach
Existing driveway approach
N/A
N/A
PROPOSED
BATHROOM ADDITION,
REMOVAL OF SWIMMING
POOL, AND BARN
CONVERSION TO REC.
ROOM/STORAGE
Residence 5,500 s.f.
Garages 555 s.f.
Pool/spa 0 s.f.
Guest House 0 s.f.
Pool equip. 0 s.f.
Stable -future 450 s.f.
Attach porch- 250 s.f.
Det. Coy. Porch 420 s.f.
Det. Trellis 300 s.f.
Rec. Room 800 s.f.
Storage 760 s.f.
Service yard 96 s.f.
TOTAL 9,131 s.f.
20 cy of cut and 20 cy of fill
50 cy of overexcavation
50 cy of recompaction
(140 cy of combined cut, fill,
overex. and recomp.)
16.81% of 54,332 s.f. net lot area
25.12% of 54,332 s.f. net lot area
55.78% of 15,258 s.f. pad
65.27% or 35,460 s.f.
450 s.f. (set -aside)
New pathway
Existing driveway approach
Planning Commission review
Planning Commission review
SITE PLAN REVIEW CRITERIA
ZC No. 939 9 Johns Canyon 8
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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; 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.
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 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;
ZC No. 939 9 Johns Canyon 9
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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.
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.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC No. 939 9 Johns Canyon 10
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TO:
Re (lief qe .16
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No. 8B
Mtg. Date: 07-17-18
HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: JULIA STEWART, ACTING PLANNING DIRECTOR `, S
JOHN SIGNO, CONTRACT PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 939
9 JOHNS CANYON ROAD (LOT 170-A-1-MS)
RAS-2, 2.0 ACRES (GROSS)
DAVID STONE
TAVISHA NICOLSON, BOLTON ENGINEERING
DAVE PALACIOS, AGENT
JULY 5, 2018
PROTECT DESCRIPTION AND BACKGROUND
The Project
The applicant is proposing a small residential addition, legalizing a previous residential
addition, demolishing an existing swimming pool, pool deck, pool equipment and
covered porch area, and converting an existing stable into a mixed -use structure.
Site Plan Review
The applicant is requesting a Site Plan Review to construct a new approximately 385
square foot residential addition and legalize an approximately 220 square foot as -built
residential addition.
Conditional Use Permit
The applicant is requesting a Conditional Use Permit to convert an existing 1,560 square
foot stable to a mixed -use structure with a recreation room and storage space.
Variances
The applicant requests multiple variances for the proposed project: 1) to encroach into
the front yard setback by 24 linear feet, with 325 square feet of proposed residential
ZC NO.939 9 Johns Canyon
1
• a
addition in the encroachment, 2) the existing barn that will be converted into a mixed
use building encroaches 12 feet into the required front yard setback, and 3) the future
stable, corral, and access will add disturbance to the site which already exceeds the
maximum allowable 40% disturbance at 61.55%. The proposed project will add 3.72% of
disturbance, or 2,020 square feet, for a total of 65.27%.
Demolition
Along with the new construction, the applicant proposes the demolition of an existing
swimming pool, pool deck, pool equipment, and covered porch area.
Zoning, Land Size and Existing Conditions
The property is zoned RAS-2 and the gross lot area is 2.0 acres. For development
purposes the net lot area of the lot is 54,332 square feet. Records show that the property
is improved with an existing 4,895 square foot house with a 555 square foot garage
Driveway and Motor Court
The applicant does not propose any changes to the driveway or driveway apron.
Past Approval for the Property
On January 17, 1973, the Planning Commission approved a conditional use permit for
construction of a garage in the front yard.
On December 7, 1976, the Planning Commission approved a conditional use permit for
the construction of a stable in the front yard of the property.
On March 26, 2009, a building permit was issued for re -roofing.
On October 12, 2009, the City Council approved a request for a new driveway according
to plans reviewed by the City's Traffic Commission on September 24, 2009.
MUNICIPAL CODE COMPLIANCE
Grading and Stabilization
Balanced grading of 100 cubic yards will be done for overexcavation and recompaction.
The future stable and corral requires 20 feet of cut and 20 feet of fill for a total of 40
cubic yards. No dirt will be imported or exported.
Disturbance
The total disturbed area for the project site is 61.55% or 33,440 square feet. The proposed
project will add 3.72% or 2,020 square feet, which brings the total to 61.27% or 35,460
square feet. Thus, a variance is required.
Height
The finished roof height of the proposed bathroom addition will be 16 feet. This is lower
than the existing highest ridgeline of 18 feet.
ZC No. 939 9 Johns Canyon 2
• I
Drainage
The drainage and erosion control plans, if required, will be reviewed by Los Angeles
County prior to the issuance of any building permits.
Storm Water Management
This application is subject to the General Permit requirements for storm water
management, where the State requires that a Storm Water Pollution Prevention
Plan be submitted and a permit obtained, due to grading on one or more acres of land.
This application is also subject to the City's Low Impact Development (LID) ordinance
requirements for retention of water on site, and the City's Water Efficient
Landscaping Ordinance where the applicants must implement low water usage planting
and devices and certify compliance. All of these requirements will be monitored at the
plan check review process and during construction.))
Lot Coverage
The structural net lot coverage is proposed at 9,131 square feet or 16.81% (20% max.
permitted). The total lot coverage proposed (structural and flatwork) will be 13,648
square feet or 25.12% (35% max. permitted).
The building pad coverage on the main residence pad is 8,556 square feet or 56.08%,
which includes the residence, garage, swimming pool & spa, pool equipment, and
service yard structures, but excludes the permissible deductions of portion of the
attached porch and several of the miscellaneous outdoor amenities.
The building pad coverage on the new stable pad is proposed at 450 square feet or
173.08%, which includes the stable.. The stable pad would have to be created when the
stable and corral are constructed.
Walls
No additional walls are included in the proposed project.
Stable and Corral Set Aside
The existing stable is proposed to be converted to a mixed -use structure. This is in part due to
the close proximity of the stable to the as -built residential addition to be legalized. A stable
and corral set aside have been included in the plans and calculations for the proposed project.
CONDITIONAL USE PERMIT TABLES
A Conditional Use Permit is required for the mixed -use structure.
Mixed -Use Structure Requirements
Pursuant to the Zoning Ordinance, mixed -use structures are allowed uses with a
Conditional Use Permit and the following regulations apply:
ZC No. 939 9 Johns Canyon 3
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Definition: "Mixed use structure" means a structure detached from the primary building and
used or designed to be used for a garage or for two or more of the following uses: garage,
keeping of horses or other permitted animals, storage of equestrian, agricultural and general
household goods, recreational purposes, an office, a study or other uses. Two or more of the
same uses within the structure are not permitted. If any of the uses include keeping of horses
or other permitted animals, no portion of the structure may contain a guest-house or sleeping
quarters for humans.
Conditions: Mixed Use Structures. A mixed use structure, as defined by this
title, shall be subject to the following conditions:
a. Mixed use structures shall not be located in the front yard or any
setback;
b. That portion of the structure intended to be used for other than a
garage use, shall not exceed eight hundred square feet in size;
c. Vehicular access to the garage or mixed use structure shall not occur
within an easement or within twenty-five feet of the side or rear lot line;
d. If a portion of the structure is designed or intended to be used for a
garage, that portion shall be separated by an interior common wall
from the portion of the structure used as a stable, barn, office, study,
recreational use or other use. The interior common wall shall be
constructed in the same manner as found in attached townhouse
construction. No access from the interior of the portion used for a
garage to the interior of the portion used for the other use shall be
permitted;
e. If a portion of the structure is intended to be used as a stable, that
portion of the structure, in addition to meeting the requirements of this
subsection shall be subject to the requirements of Chapter 17.18 of this
title.
f. If a portion of the structure is intended to be used as a garage, there
shall be no sleeping quarters, occupancy, kitchen or kitchenette
facilities, but a sanitary facility including a sink and toilet maybe
permitted. The remainder of the structure and its uses shall comply
with the provisions of this section for each individual use.
g. A loft area may be constructed only over the stable portion of the
mixed use structure, subject to the requirements of Chapter 17.18 of this
title.
h. Where the garage, stable or any other use that is specified on the
approved plan is converted to another use, or if the proportions of any
approved use is changed without required approvals, the permit
granting the mixed use structure may be revoked, pursuant to Chapter
17.58, and the structure shall be removed at the cost of the property
owner;
ZC No. 939 9 johns Canyon 4
• •
i. If any conditions of the permit are violated, or if any law, statute or
ordinance is violated, the permit may be revoked and the privileges
granted by the permit shall lapse, provided that the property owner has
been given written notice to cease such violation and has failed to do so
for a period of thirty days, and further provided that the owner has
been given an opportunity for a hearing.
The proposed structure meets the above conditions and will be so stipulated in the
Resolution, if the project is approved and no variance applies.
Utility Lines / Septic Tank
All utility lines, if not already underground, shall be placed underground. Any changes
to the septic tank will be reviewed by Los Angeles County Public Health.
General
The mixed -use structure is required in order to legalize all conditions on the lot. The
previously approved residential addition (and the illegally constructed residential
addition) were built too close to the existing stable. The Los Angeles Public Health
Department requires a minimum of 35 feet distance from all residential living space to
any horse or animal keeping areas. There is less than 35 feet from the existing illegal
non -conforming portion of the residence and the existing stable. The applicant is
seeking to change the use of the existing stable structure to remedy this mistake by the
previous contractor.
Justification from Applicant
"The project is compatible with the General Plan, Zoning Ordinance and surrounding
uses other than a portion of it being located in the front yard setback. The residence,
with the new addition, will still be in line with the size of the adjacent residences. From
a site coverage standpoint the site with the addition of the proposed structures is still
well below the allowable 30% overall coverage allowance. The conversion of the stable
to a recreation room and storage space stays compatible with the General Plan, as it was
already constructed in the front setback. The legalization of the building addition is also
compatible as it is outside of all setbacks and there is no overages in structural
coverage. The original approved building and covered porch shown in the area of the
unpermitted addition so there were no changes to ridge height or coverages. The
setbacks are on par with those surrounding it, 35 feet for the side yards and t0 feet for
front and rear as it is the RAS02 zone. The disturbance of the lot is all existing from the
previous development and no additional disturbance is proposed other than for the
future stable set -aside.
The addition will be connected to the existing residence and located on a previously
developed pad. There is no grading required, other than over -excavation and re -
compaction for the slab. There are no hillsides or knolls and no mature trees or
vegetation. The stable set -aside is in a location which minimal grading would be
require3d and we are only showing a future 6 foot pathway down to it. The legalization
ZC No. 939 9 Johns Canyon 5
• •
of the building addition was also already under the roof of the approved house so there
is no grading required for this.
The site development plan follows the natural contours of the site by concentrating the
development in an area that was previously developed. The only new grading required
is for over -excavation and re -compaction for the slab and a future stable set aside.
The area of proposed structures was previously developed as a building pad and does
not have any existing vegetation on it. The proposed addition is behind a fence and
connected to the existing residence.
Building coverage is minimized by proposing a modes addition and keeping the lot
coverage below the zoning code requirements.
The plan is harmonious in scale and mass as surrounding residences. The neighboring
residences vary between being larger and smaller than the residence with the proposed
addition. The setbacks match those of neighboring properties in the RAS-2 zone.
There is not proposed change to the driveway access. There is no proposed increase
number of bedrooms either so the number, of residents / vehicles is not proposed to
increase. The proposed addition is also behind an existing fence.
The Site Plan is sensitive and conforms with the requirements of CEQA and will not
have any significant impacts to the environment.
New residential addition of 384 s.f.
A Variance is required due to 330 s.f. of the addition being in the front yard setback
with a maximum encroachment of 24 feet
Conversion of Barn to Recreation and Storage rooms
A Variance is required due to 350 s.f. of recreation room being in the front yard setback
(maximum of 11. Feet). There is no further encroachment other than the previously
approved stable.
Disturbance > 40%
The proposed disturbance of the site with the future stable set -aside is 65.27% The
Existing disturbance is 61.55% but is legal non -conforming.
The existing building pad was constructed largely towards the front of the lot, and due
to the code changes, the majority of the existing house is also in the front setback. This
means that unless the addition is placed at the back of the house, which wouldn't work
architecturally, any addition will be in the front yard setback. We have worked to
minimize the amount of encroachment and also to keep in the addition behind an
existing fence line. For the disturbance, the existing site condition is legal non-
conforming in that 61.55% of the lot was previously disturbed. For the future stable set-
ZC No. 939 9 Johns Canyon 6
•
•
aside we will need to increase this disturbance by 3.72% to 65.27%. The stable set -aside
needs to be 35 feet away from the residence which means that is t needs to be in an area
which was previously not disturbed. Regarding the encroachment of the newly
converted stable to recreation / storage rooms; there is no proposed additional
encroachment, the exterior of the footprint is not proposed to change.
Due to the layout of the lot and existing house there are minimal places to place an
addition outside of the front yard setback in a way that flows for the project site. The
variance will not be detriment due to the fact that it will be connected to the existing
residence and appear as one continuous house and encroachment from the existing
stable was approved previously and we are simply proposing to change the use of the
building.
The proposed residence, garage, and other additions are compatible with the general
plan and zoning ordinance, other an the addition being located in the front yard
setback and the disturbance being exceeded".
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must consider
whether the proposed project meets the criteria for Site Plan Review, a Conditional Use
Permit and Variances, as attached below.
Environmental Review
The project has been determined to be categorically exempt (Class 3) pursuant
Section 15303 of the California Environmental Quality Act (CEQA) Guidelines.
SPR, CUP & VR
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft from side property line
Rear: 50 ft. from rear property line
SPR required for grading, pool,
covered patio, misc. structures &
walls.
Variance is required for encroachment
into front yard.
Project Summary
EXISTING
SINGLE FAMILY RESIDENCE,
GARAGE, POOL, BARN
Residence
Garages
Pool/spa
Guest House
Pool equip.
Stable/Barn
Attach porch-
Det. Coy. Porch
Det. Trellis
Rec. Room
Storage
4,895 s.f.
555 s.f.
350 s.f.
0 s.f.
80 s.f.
1,560 s.f.
470 s.f.
420 s.f.
300 s.f.
0 s.f.
0 s.f.
PROPOSED
BATHROOM ADDITION,
REMOVAL OF SWIMMING
POOL, AND BARN
CONVERSION TO REC.
ROOM/STORAGE
Residence
Garages
Pool/spa
Guest House
Pool equip.
Stable -future
Attach porch-
Det. Coy. Porch
Det. Trellis
Rec. Room
Storage
5,500 s.f.
555 s.f.
0 s.f.
0 s.f.
0 s.f.
450 s.f.
250 s.f.
420 s.f.
300 s.f.
800 s.f.
760 s.f.
to
ZC No. 939 9 Johns Canyon 7
GRADING
Site Plan Review required if
excavation and/ or fill or combination
thereof that is more than 3 feet in
depth and covers more than 2,000 sq.
ft.) must be balanced on -site.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any non -graded area where
impervious surfaces exist.)
STABLE (min. 450 S.F.
& 550 S.F. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
Service yard 96 s.f. Service yard 96 s.f.
TOTAL
N/A
8,726 s.f.
16.06% of 54,332 s.f. net lot area
25.24% of 54,332 s.f. net lot area
56.08% of 15,258 s.f. pad
61.55% or 33,440 s.f.
1,500 s.f.
Existing approach
Existing driveway approach
N/A
N/A
TOTAL 9,131 s.f.
70 cy of cut; 70 cy of fill
(140 cy of combined cut, fill,
overex. and recomp.)
16.81% of 54,332 s.f. net lot area
25.12% of 54,332 s.f. net lot area
55.78% of 15,258 s.f. pad
65.27% or 35,460 s.f.
450 s.f. (set -aside)
New pathway
Existing driveway approach
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:
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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 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.
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal)
must make the following findings:
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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.
SOURCE: City of Rolling Hills Zoning Ordinance
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