727, Construct a stable & corral in, Resolutions & Approval ConditionsRESOLUTION NO. 2009-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A TWO-YEAR TIME EXTENSION FOR A
PREVIOUSLY APPROVED SITE PLAN REVIEW AND VARIANCE TO
CONSTRUCT A STABLE AND CORRAL IN FRONT YARD AREA OF A LOT IN
ZONING CASE NO. 727 REVISED AT 25 PORTUGUESE BEND ROAD, (LOT
89-A-RH), (CHO).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE
AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mrs. Duk Hee Cho, property
owner, with respect to real property located at 25 Portuguese Bend Road, (Lot 89-A-
RH), Rolling Hills, CA requesting a two-year time extension for a previously
approved Site Plan Review and Variance to construct a stable and corral in the front
yard area in Zoning Case No. 727 Revised. The project was approved by Resolution
No. 2007-18 on November 20, 2007.
Section 2. The Planning Commission considered this item at a meeting on
December 15, 2009 at which time information was presented indicating that additional
time is needed to commence construction.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 13 of Resolution No. 2007-18,
dated November 20, 2007 to read as follows:
"A. The Site Plan and Variance approvals shall expire within four years from
the effective date of approval if work has not commenced as defined in Section
17.38.070 of the Zoning Ordinance. No further extension shall be granted.
Section 4. Except as herein amended, the provisions and conditions of
Resolution No. 2007-18 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOP1ED THIS 15th DAY OF DECEMBER 2009.
ATTEST:
_-.
OREN DF`ROY, IA PERSON
HEIDI LUCE, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2009-12 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A TWO-YEAR TIME EXTENSION FOR A
PREVIOUSLY APPROVED SITE PLAN REVIEW AND VARIANCE TO
CONSTRUCT A STABLE AND CORRAL IN FRONT YARD AREA OF A LOT IN
ZONING CASE NO. 727 REVISED AT 25 PORTUGUESE BEND ROAD, (LOT
89-A-RH), (CHO).
was approved and adopted at a regular meeting of the Planning Commission
on December 15, 2009 by the following roll call vote:
AYES: Commissioners Henke, Pieper, Smith, Witte and Chairperson DeRoy.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
HEIDI LUCE, DEPUTY CITY CLERK
RESOLUTION NO. 2007-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW TO CONSTRUCT A STABLE THAT REQUIRES
GRADING AND A VARIANCE TO LOCATE THE STABLE AND
CORRAL IN THE FRONT YARD AREA IN ZONING CASE NO.
727 REVISED, AT 25 PORTUGUESE BEND ROAD, (LOT 89-A-
RH), (CHO).
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 Mr. and Mrs. Philip Cho with
respect to real property located at 25 Portuguese Bend Road (Lot 89-A-RH), Rolling
Hills, CA requesting a Site Plan Review for grading of 23 cubic yard of cut and 23
cubic yards of fill and a Variance to construct a single story 602 square foot stable with
126 square foot porch and 1,000 square foot corral in the front yard at a property
developed with a single family residence.
Section 2. On September 19, 2006, the Planning Commission approved a 870
square foot stable with 450 square foot covered porch and approximately 1,000 square
foot corral in the front yard area of the property. Grading for 93 cubic yards of cut and
93 cubic yards of fill was also approved. The stable was proposed to be located
southeast of the tennis court.
Section 3. On September 25, 2006 the City Council took the case under
jurisdiction citing concerns over the location of the stable in the front yard and
visibility of the stable from Portuguese Bend Road, inadequate area to corral the
horses in and out of the stable, proximity of the stable to a slope and lack of
information from the Fire Department on their requirements for clearance of
vegetation surrounding the stable, and the effect of the required clearance distance on
the Mature Native Vegetation area.
Subsequently, the applicants revised their project and moved the stable further to the
northeast, and decreased the size of the stable to 767 square feet.
Section 4. At the November 13, 2006 meeting, the City Council deemed the
application substantially different from the original proposal and remanded the case
to the Planning Commission for review of the amended project. The applicants
requested several continuances to study the location further.
Section 5. The Planning Commission conducted several additional public
hearings including on February 20, July 17, August 21, 2007, and at field trip visits on
July 17 and August 21, 2007. The applicants were notified of the hearings in writing by
first class mail. Evidence was heard and presented from all persons interested in said
proposal. The Planning Commission heard reports from City staff and landscape
architect and reviewed, analyzed and studied the proposal. The applicants'
Resolution 2007-18
Cho 1
representatives were in attendance at the hearings. During these proceedings the
applicants further reduced the size of the proposed stable to 602 square feet.
Section 6. At the hearings, the Planning Commission considered the location
of the stable, access to the stable and the turnout and the paddock next to the stable.
Location of the proposed stable in relation to the Mature Native Vegetation area
(MNV), which was designated in 1996 as an area of natural habitat worth preserving,
was discussed and analyzed. The Fire Depaitutent's requirement for retaining a fuel
modification zone within 100-feet of the stable was discussed. The applicants obtained
an opinion from the Fire Department that ground cover and non-flammable trees
would be acceptable in the 100-foot fuel modification zone. Commissioners expressed
concerns about the proximity of the stable to the tennis court and that said location
would lend itself to the structure not being used as a stable but as a recreation room
for tennis court activities.
Section 7. The Planning Commission voted at their meeting on August 21,
2007 to direct staff to prepare a resolution to approve the project. At the September 18,
2007 the Commission considered the resolution and could not reach a consensus to
approve the project. The vote was 2:2, which constitutes a denial. Commissioner Witte
abstained. Upon request from the project architect, the Commission agreed to re -open
the public hearing and scheduled another field trip to view the site again.
Section 8. A duly noticed public hearing was held in the field at the
property on October 16, 2007 at which time the applicants' representatives, showed
several options for locating the stable. Mr. Sweeney, Architect, explained the three
locations and stated that location "C" would be in the orchard and would require
additional grading and disturbance. He stated that this location is also closer to the
MNV zone and there is very little room for a corral. Commissioners viewed the other
two locations, location "A", which was the applicants' preferred location, and location
"B", which was in the same general location as "A", but further away from the tennis
court. After deliberation and discussion the Commission agreed that location "B"
would be the most desirous and directed staff to prepare a resolution of approval of
this project with conditions.
Section 9. In March 2006, a biological assessment study was prepared to
determine if the Mature Native Vegetation area designated in a 1996 study still pertains
to the proposed development. The study found that many non-native plants have
invaded the MNV area and that only 10 native plants exist in the area and 21 non-native
plants. However, the Planning Commission wishes to protect the MNV area from
further removal of vegetation to accommodate the development and required as a
condition of approval of this resolution that native vegetation be planted on the graded
slopes. Information was provided and staff confirmed that the Fire Department would
require brush, flammable and combustible vegetation to be cleared within 100 feet of
the stable, although certain species of trees, and low ground cover could be planted or
retained within the 100-foot fuel modification zone.
Section 10. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore
Resolution 2007-18
Cho 2
categorically exempt from environmental review under the California Environmental
Quality Act.
Section 11. Section 17.46.020(A)(1) requires a Site Plan Review for grading for
projects requiring a grading permit. The applicants propose to grade 23 cubic yards of
cut and 23 cubic yards of fill for the construction of the stable and corral. With respect
to the Site Plan Review application the Planning Commission makes the following
findings of fact:
A. The proposed activity is compatible with the General Plan and the
Zoning Ordinance in that an equestrian use and activity is being proposed that will
preserve the distinctive rural residential character of the City. The Land Use Element
of the General Plan establishes the maintenance of strict grading practices to preserve
the community's natural terrain. The Building Code and the Zoning Ordinance
require a balanced cut and fill ratio and do not permit import or export of soil, except
under special circumstances applicable to a property or with a discretionary
permission by the Planning Commission. Due to the location of the existing
development and the topography of the lot in order to meet the requirement to build a
stable and corral, the grading is necessary. The grading of 23 cubic yards of cut and fill
is minimal and would be an extension of grading that was previously approved for
the tennis court.
B. The proposed activity preserves and integrates into the site design, to the
maximum extent feasible, existing natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage courses, and land -forms (such
as hillsides and knolls). Although minor grading activity is necessary to construct the
stable, the grading is proposed to follow the contours of the land. The development
plan substantially preserves the natural and undeveloped state of the lot, as the corral
area will be left as open space, and enhances it by additional landscaping, which is a
requirement of this resolution. Significant portions of the lot will be left undeveloped
so as to maintain open space on the property. After reviewing several options of
locations for the stable, the Planning Commission found that the approved location is
most desirous. The stable in the approved location will not require great amount of
grading, is in an area of the lot that is away from the residence and is easily screened
from Portuguese Bend Road.
C. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction of
the stable and corral will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed project will be
constructed on a portion of the lot which is least intrusive to surrounding properties,
will be screened and landscaped with trees and shrubs, is a sufficient distance from
nearby residences and the street so that the proposed construction will not impact the
view or privacy of surrounding neighbors; and will permit the owners to enjoy their
property without deleterious infringement on the rights of surrounding property
owners.
Resolution 2007-18
Cho 3
D. The proposed development is harmonious in scale and mass with the
site, the natural terrain and surrounding residences. The proposed project is consistent
with the scale of the neighborhood.
E. The development plan will be based upon compliance with the
conditions contained in this Resolution, supplement the existing vegetation with
landscaping that is compatible with and enhances the rural character of the
community and provide a stable and fenced corral. Upon completion of the project the
corral area will remain as open space.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project does not affect the circulation for pedestrians and vehides and will
utilize the existing dirt road.
G. The project conforms to the requirements of the California
Environmental Quality Act and is exempt from its requirements.
Section 12. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and requirements
of the Zoning Ordinance when exceptional or extraordinary circumstances applicable
to the property and not applicable to other similar properties in the same zone prevent
the owner from making use of a parcel of property to the same extent enjoyed by
similar properties in the same vicinity. Section 17.16.200(A)(3) states that no corral,
pen, stable, barn other similar holding facility shall be permitted in the front yard. The
applicants are requesting to construct the stable and the corral in the front yard area.
With respect to the request for a Variance to construct the stable and corral in the front
yard, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property that do not apply generally to the other property or class of
use in the same zone because the configuration of the lot together with the fact that
the house and pool are located in the rear of the lot, making the front yard area large
creates difficulty in constructing the stable and corral elsewhere on the property.
Locating the stable and corral in the front will minimize grading of the lot and will
cause the construction to not be in any setbacks and to utilize a partially existing pad
area, which was created for the tennis court.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone,
but which is denied to the property in question. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed by
similarly situated properties in the same vicinity and zone. The encroachment permits
the use of the lot to the extent allowed for other properties in the vicinity. The
Variance will permit the development with minimum disturbance and grading. The
lot size and configuration, together with the existing development on the lot creates a
difficulty in locating the project elsewhere on the property.
Resolution 2007-18
Cho 4
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located. Locating the project in the front of the
residence will allow the remaining portion of the lot to remain undeveloped and
would minimize grading. The stable and corral will be screened from the adjacent
properties and the road, as required by the conditions of this approval.
Section 13. Based upon the foregoing findings in Section 11, and Section 12,
of this Resolution, the Planning Commission hereby approves the Variance and Site
Plan Review in Zoning Case No. 727 REVISED, for grading and construction of an 602
square foot stable without a loft, a 126 square foot porch and 1,000 square foot corral
in the front yard, subject to the following conditions:
A. The Site Plan and Variance approvals shall expire within two years from
the effective date of approval if work has not commenced as defined in Sections
17.38.070(A) and 17.46.080 of the Zoning Ordinance, unless otherwise extended
pursuant to the requirements of these sections.
B. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the City has given the applicants written notice
to cease such violation, the opportunity for a hearing has been provided, and if
requested, has been held, and thereafter the applicant fails to correct the violation
within a period of thirty (30) days from the date of the City's determination.
C. All requirements of the 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 the permit, or shown otherwise on an approved
plan. This shall include, but not be limited to, the requirements of the Outdoor
Lighting Ordinance, Undergrounding of Utilities Ordinance, Roof Covering
Ordinance, requirements for stable, and others.
D. The stable shall be used exclusively for keeping permitted domestic
animals and tools and material associated with said use. The stable shall not be
converted to other uses.
E. The lot shall be developed and maintained in substantial conformance with
the site plan on file dated November 15, 2007, and include a fenced corral, except as
otherwise provided in these conditions. No loft is proposed for the stable.
F. The floor for the animal stalls, shall be constructed of pervious material,
and shall be approved by the City prior to installation.
G. Structural lot coverage shall not exceed 17,502 square feet or 8.0% in
conformance with lot coverage limitations.
H. Total lot coverage of structures and paved areas shall not exceed 29,163
square feet or 13.3% in conformance with lot coverage limitations.
Resolution 2007-18
Cho 5
R. No contractor, operator of a bulldozer or other equipment or other
construction worker on the site shall allow equipment, supplies, debris or soil to
encroach or spill over into the protected Mature Natural Vegetation area located along
Portuguese Bend Road, as depicted on a plan marked MNV dated February 1,1996.
S. Utility lines to the stable shall be placed underground and the roof
material for the stable shall meet the City and RHCA requirements.
T. During construction perimeter easements shall remain clear and free of
debris, parked vehicles, building material, building equipment and all other
construction items.
U. The access to the stable shall not exceed 25% in slope and shall not be
paved.
V. Perimeter easements and trails, if any, including roadway easements
shall remain free and clear of any improvements including, but not be limited to,
fences -including construction fences, landscaping, irrigation and drainage devices,
play equipment, parked vehicles, building materials, debris and equipment, except
that the Rolling Hills Community Association may approve certain encroachments.
W. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
X. Once the corral is completed, it shall have water sprinklers to be used to
reduce dust.
Y. 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, objectionable odors, landslides, mudflows, erosion, or
land subsidence shall be required.
Z. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct surface
water in an approved manner.
AA. During and after construction, all parking shall take place on the
project site and, if necessary, any overflow parking may take place within nearby
roadway easements.
AB. During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
Resolution 2007-18
Cho 7
AC. Drainage dissipater shall be constructed outside of any easements and
shall not affect the blue line stream or the Mature Native Vegetation Area. The
drainage system shall be approved by the L.A. County Department of Building and
Safety, and shall be designed in such a manner as to drain in southerly direction of the
property (towards Portuguese Bend Road) and be dissipated on the subject property.
If an above ground swale and / or dissipater is required, the above ground swale
and/or dissipater shall be designed in such a manner as not to cross over any
equestrian trails or discharge water onto a trail or blue line stream, shall be stained in
an earth tone color, and shall be screened from any trail, road and neighbors' view to
the maximum extent practicable, without impairing the function of the drainage
system.
AD. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the
installation and maintenance of stormwater drainage facilities.
AE. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) related to solid waste.
AF. This project shall be reviewed and approved by the RHCA. The City
does not approve or recommend the design or any architectural features of the
proposed structure. City staff and/or the Planning Commission shall review any
deviations to this project that the RHCA may recommend or require, which would
trigger grading or change in the development standards herein approved.
AG. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described in
Condition D.
AH The applicants shall execute an Affidavit of Acceptance of all conditions
of this Site Plan and Variance approvals, pursuant to Sections 17.38.060 and 17.46.065
of the Zoning Ordinance, or the approval shall not be effective.
AI. All conditions of this Site Plan Review and Variances approval, which
apply, must be complied with prior to the issuance of a building permit from the
County of Los Angeles.
AJ. 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 2007-18
Cho 8
PASSED, APPROVED AND ADOP 1E;D THIS 20th DAY OF NOVEMBER 2007.
14\X iBdIpt,
ROGEZ SOMMER, CHAIRMAN
ATTEST:
`S'
MARILYN L. KERN, DEPUTY CITY CLERK
Resolution 2007-18
Cho 9
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2007-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW TO CONSTRUCT A STABLE THAT REQUIRES
GRADING AND A VARIANCE TO LOCATE THE STABLE AND
CORRAL IN THE FRONT YARD AREA IN ZONING CASE NO.
727 REVISED, AT 25 PORTUGUESE BEND ROAD, (LOT 89-A-
RH), (CHO).
was approved and adopted at a regular meeting of the Planning Commission on
November 20, 2007 by the following roll call vote:
AYES: Commissioners DeRoy, Smith, Witte and Chairman Sommer.
NOES: None.
ABSENT: Commissioner Henke.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
L,k,,,
DEPUTY CITY CLERK
Resolution 2007-18
Cho 10
RESOLUTION NO. 2006-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW TO CONSTRUCT A STABLE THAT REQUIRES
GRADING AND A VARIANCE TO LOCATE THE STABLE AND
CORRAL IN THE FRONT YARD AREA IN ZONING CASE NO.
727 AT 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH), (CHO).
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 Mr. and Mrs. Philip Cho with
respect to real property located at 25 Portuguese Bend Road (Lot 89-A-RH), Rolling
Hills, CA requesting a Site Plan Review for grading and construction of an 870 square
foot stable, without a loft, with 450 square foot porch and a 1,000 square foot corral.
The stable and corral are proposed to be located in the front yard area, which requires
a Variance.
Section 2. Previously, the applicants designated a 1,000 square foot area to
the west of the residence as suitable for future stable and corral. The applicants now
wish to construct a larger stable (870 sq.ft. with 450 sq.ft. porch) and corral (1,000
sq.ft.) and locate them in the front of the tennis court.
Section 3. The Planning Commission conducted duly noticed public
hearings to consider the request in Zoning Case No. 727 on June 20, 2006 August 15,
2006, and at a field trip visit on August 15, 2006. The applicants were notified of the
hearings in writing by first class mail. Evidence was heard and presented from all
persons interested in said proposal. The Planning Commission heard a report from
the City staff and reviewed, analyzed and studied the proposal. The applicants and
the applicants' representative were in attendance at the hearings.
Section 4. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore
categorically exempt from environmental review under the California Environmental
Quality Act.
Section 5. Section 17.46.020(A)(1) requires a Site Plan Review for grading for
projects requiring a grading permit. The applicants propose to grade 93 cubic yards of
cut and 93 cubic yards of fill for the construction of the stable and corral. With respect
to the Site Plan Review application the Planning Commission makes the following
findings of fact:
A. The proposed activity is compatible with the General Plan and the
Zoning Ordinance in that an equestrian use and activity is being proposed that will
preserve the distinctive rural residential character of the City. The Land Use Element
of the General Plan establishes the maintenance of strict grading practices to preserve
the community's natural terrain. The Building Code and the Zoning Ordinance
• •
require a balanced cut and fill ratio and do not permit import or export of soil, except
under special circumstances applicable to a property or with a discretionary
permission by the Planning Commission. Due to the location of the existing
development and the topography of the lot in order to meet the requirement to build a
stable and corral, the grading is necessary. The grading of 93 cubic yards of cut and fill
is minimal and would be an extension of grading that was previously approved for
the tennis court.
B. The proposed activity preserves and integrates into the site design, to the
maximum extent feasible, existing natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage courses, and land -forms (such
as hillsides and knolls). Although minor grading activity is necessary to construct the
stable, the grading is proposed to follow the contours and the stable will be tucked
into the hillside. The development plan substantially preserves the natural and
undeveloped state of the lot, as the corral area will be left as open space, and enhances
it by additional landscaping, which is a requirement of this resolution. Significant
portions of the lot will be left undeveloped so as to maintain open space on the
property.
C. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction of
the stable and corral will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed project will be
constructed on a portion of the lot which is least intrusive to surrounding properties,
will be screened and landscaped with trees and shrubs is a sufficient distance from
nearby residences and the street so that the proposed construction will not impact the
view or privacy of surrounding neighbors, and will permit the owners to enjoy their
property without deleterious infringement on the rights of surrounding property
owners.
D. The proposed development is harmonious in scale and mass with the
site, the natural terrain and surrounding residences. The proposed project is consistent
with the scale of the neighborhood.
E. The development plan will be based upon compliance with the
conditions contained in this Resolution, supplement the existing vegetation with
landscaping that is compatible with and enhances the rural character of the
community and provide a stable and corral. Upon completion of the project the corral
area will remain as open space.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project does not affect the circulation for pedestrians and vehicles and will
utilize the existing driveway.
G. The project conforms to the requirements of the California
Environmental Quality Act and is exempt from its requirements.
• •
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and requirements
of the Zoning Ordinance when exceptional or extraordinary circumstances applicable
to the property and not applicable to other similar properties in the same zone prevent
the owner from making use of a parcel of property to the same extent enjoyed by
similar properties in the same vicinity. Section 17.16.200(A)(3) states that no corral,
pen, stable, barn other similar holding facility shall be permitted in the front yard. The
applicants are requesting to construct the stable and the corral in the front yard area.
With respect to the request for a Variance to construct the stable and corral in the front
yard, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property that do not apply generally to the other
property or class of use in the same zone because the configuration of the lot
together with the fact that the house is located near the rear of the lot, making the
front yard area large creates difficulty in constructing the stable and corral
elsewhere on the property. Locating the stable and corral in the front will
minimize grading of the lot and will cause the construction to not be in any
setbacks and to utilize a partially existing pad area.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
zone, but which is denied to the property in question. Strict application of the
Zoning Ordinance would deprive the property owner of the right and benefits
enjoyed by similarly situated properties in the same vicinity and zone. The
encroachment permits the use of the lot to the extent allowed for other properties
in the vicinity. The Variance will permit the development of the property in a
manner similar to development patterns on surrounding properties and minimize
grading. The lot size and configuration, together with the existing development
on the lot creates a difficulty in locating the project elsewhere on the property.
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located. Locating the project in the front of the
residence will allow the remaining portion of the lot to remain undeveloped and
would minimize grading. The stable and corral will be screened from the adjacent
properties and the road, as required by the conditions of this approval.
Section 7. Based upon the foregoing findings in Section 5, and Section 6, of
this Resolution, the Planning Commission hereby approves the Variance and Site Plan
Review in Zoning Case No. 727 for grading and construction of an 870 square foot
stable without a loft, a 450 square foot porch and 1,000 square foot corral in the front
yard, subject to the following conditions:
A. The Site Plan and Variance approvals shall expire within two years from
the effective date of approval if work has not commenced as defined in Sections
17.38.070(A) and 17.46.080 of the Zoning Ordinance, unless otherwise extended
pursuant to the requirements of these sections.
B. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the City has given the applicants written notice
to cease such violation, the opportunity for a hearing has been provided, and if
requested, has been held, and thereafter the applicant fails to correct the violation
within a period of thirty (30) days from the date of the City's determination.
C. All requirements of the 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 the permit, or shown otherwise on an approved
plan. This shall include, but not be limited to, the requirements of the Outdoor
Lighting Ordinance, Undergrounding of Utilities Ordinance, Roof Covering
Ordinance and others.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated September 12, 2006, except as
otherwise provided in these conditions. No loft is proposed for the stable.
E. Structural lot coverage shall not exceed 18,094 square feet or 8.1% in
conformance with lot coverage limitations.
F. Total lot coverage of structures and paved areas shall not exceed 29,833
square feet or 13.4% in conformance with lot coverage limitations.
G. The disturbed area of the lot shall not exceed 45,030 square feet or 20.2%
in conformance with disturbed area limitations.
H. Building pad coverage on the stable building pad, (11,750 sq.ft.), which
includes the proposed tennis court, shall not exceed 70.7%.
I. Grading for the stable shall not exceed 93 cubic yards of cut and 93 cubic
yards of fill and shall be balanced on site.
J. Landscaping shall be designed using mature trees and shrubs so as not to
obstruct views from neighboring properties, but to screen the structure on the lot. If
trees are to be incorporated into the landscaping scheme, at maturity they shall be no
higher than the ridge height of the stable. The stable shall be screened from
Portuguese Bend Road. Two copies of landscaping plan shall be submitted to staff for
review and approval.
K. No contractor, operator of a bulldozer or other equipment or other
construction worker on the site shall allow equipment, supplies, debris or soil to
encroach or spill over into the protected Mature. Natural Vegetation area located along
Portuguese Bend Road, as depicted on a plan marked MNV dated February 1,1996.
L. Landscaping shall include water efficient irrigation, to the maximum
extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic
controllers, incorporates an irrigation design using "hydrozones," considers slope
• •
factors and climate conditions in design, and utilizes means to reduce water waste
resulting from runoff and overspray.
M. Utility lines to the stable shall be placed underground and the roof
material for the stable shall meet the City and RHCA requirements.
N. During construction perimeter easements shall remain clear and free of
debris, parked vehicles, building material, building equipment and all other
construction items.
O. The access to the stable shall not exceed 14% in slope and shall not be
paved.
P. If during construction a construction fence is installed, it shall not block
any easements.
Q. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
R. Once the corral is completed, it shall be sprinkled to reduce dust.
S. During construction, conformance with the Air Quality Management
District requirements, stormwater pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or
land subsidence shall be required.
T. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct surface
water in an approved manner.
U. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking may take place within nearby roadway
easements.
V. During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
W. The drainage dissipater shall be relocated so that it is not located in any
easements nor affect the blue line stream or the Mature Native Vegetation Area. The
drainage system shall be approved by the Los Angeles County Department of
Building and Safety, and shall be designed in such a manner as to drain in southerly
direction of the property (towards Portuguese Bend Road) and to the maximum extent
practicable be dissipated on the subject property. If an above ground swale and / or
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dissipater is required, the above ground swale and/or dissipater shall be designed in
such a manner as not to cross over any equestrian trails or discharge water onto a trail
or blue line stream, shall be stained in an earth tone color, and shall be screened from
any trail, road and neighbors' view to the maximum extent practicable, without
impairing the function of the drainage system.
X. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the
installation and maintenance of stormwater drainage facilities.
Y. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) related to solid waste.
Z. The project shall be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
permits.
AA. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described in
Condition D.
AB. The applicants shall execute an Affidavit of Acceptance of all conditions
of this Site Plan and Variance approvals, pursuant to Sections 17.38.060 and 17.46.065
of the Zoning Ordinance, or the approval shall not be effective.
AC. All conditions of this Site Plan Review and Variances approval, which
apply, must be complied with prior to the issuance of a building permit from the
County of Los Angeles.
AD. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6.
PASSED, APPROVED AND ADOPTED THI DAY OF SEPTEMBER 2006.
MARVEL WITTE, CHAIRMAN
ATTEST:
MARILYN L. KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2006-011 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO
CONSTRUCT A STABLE THAT REQUIRES GRADING AND A VARIANCE TO
LOCATE THE STABLE AND CORRAL IN THE FRONT YARD AREA IN
ZONING CASE NO. 727 AT 25 PORTUGUESE BEND ROAD, (LOT 89-A-RH),
(CHO).
was approved and adopted at a regular meeting of the Planning Commission on
September 19, 2006 by the following roll call vote:
AYES: Commissioners Hankins, Witte and Chairman Sommer.
NOES: None.
ABSENT: Commissioners DeRoy and Henke.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
1'Yct-„
DEI3UTY CITY CLERK