677, Existing barn requesting mixed, Staff Reports0/ //fjfl
v JhIi
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
Agenda Item NoE:n4Bcityofrh@aol.com
Mtg. Date: 3/22/04
DATE: MARCH 22, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ATTN: CRAIG R. NEALIS, CITY MANAGER
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
SUBJECT: RESOLUTION NO. 2004-09
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A
CONDITIONAL USE PERMIT TO CONVERT AN EXISTING
STABLE INTO A MIXED USE STRUCTURE AND
GRANTING A VARIANCE TO ENCROACH WITH THE
EXISTING STRUCTURE INTO THE FRONT SETBACK AT
AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING
CASE NO. 677, AT 23 PORTUGUESE BEND ROAD, (LOT 88-
1-RH), RIZI.
BACKGROUND
1. The Planning Commission adopted Resolution No. 2004-09, which is
attached, on March 16, 2004 at their regular meeting granting a request for a
Conditional Use Permit to convert an existing two story stable into a mixed use
structure and a Variance to allow the structure to remain in the front yard
setback. The vote was 5-0.
2. The applicants request a Conditional Use Permit to convert an existing,
two story, 1,210 square foot stable into a mixed use structure, which would
include a stable and an office on the first story and a loft with a tack room, storage
and bathroom above it, and a Variance to allow the structure to remain in the
front setback. The property is accessed from Talley Hand Road. The applicants
commenced the conversion prior to applying for the approvals, but ceased all
construction pending Planning Commission decision.
3. During the Planning Commission proceedings, the Commission expressed
concerns related to the configuration and design of the loft area of the stable, the
presence of heating vents in the loft, the absence of a door or other opening, which
would allow feed to be dropped to the stalls below, the absence of ventilation for
the loft and the placement of electrical controls in the stable stalls. As a result, the
ZC NO. 677
CC 3/22/04
®Pnntc.rf on R(:cycir-,d
• •
applicants' representative met with a barn construction company and revised their
plan to show a trap door for the feed, eliminated the heating vents in the loft area
and provided for ventilation. The conditions of approval require that the
conversion be in conformance with the approved interior and elevation plan, as
submitted.
4. In November 2001, the Planning Commission approved the construction of
a new 5,200 square foot residence to replace an existing residence, with 600 square
foot garage, and a 480 square foot indoor pool. The existing house measuring 3,348
square feet with a 625 square foot garage will be demolished. The applicants
obtained a demolition permit and started partial demolition of the existing house.
5. The existing 1,210 square foot stable, with access, is located in the front yard
setback. This stable was constructed in 1950. As the location in the setback is a pre-
existing condition, no Variance from front yard setback encroachment was required
for the previous proposal.
6. Records show that a building permit was issued in 1950 for a new two stories
stable. Neither the City nor the Rolling Hills Community Association (RHCA) have
the original elevation or floor plans for the stable.
7. Prior to 1969 there were no provisions in the Zoning Code relating to
number of stories for stables. In June of 1969, the Zoning Code was amended to
allow lofts above stables, without glazed openings. The RHCA at the same time
amended their code, adding a requirement that lofts above a stable may be
permitted without glazed openings and requiring that the hayloft plate heights not
exceed 7'6", whereas the stable could be 8'6" high. According to the applicant,
there were windows in the loft area of the original stable.
8. Pursuant to Section 17.16.080 Height Limitation, of the Zoning Ordinance "a
building shall have no more than one story, meaning no interior habitable space
shall exist over other habitable space. For the purpose of this section, interior
habitable space includes lofts, mezzanines and storage areas." Paragraph 2 of this
Section states that barns or stables may have a loft without glazed openings
(windows) and that the loft be limited in use to storage of feed, tack and stable
equipment. Section 17.12.080 defines Habitable Space, Interior, as follows " an area
within a building, fully enclosed by walls, windows, doors, a roof or ceiling, and
floors, which provides living, eating and/or sleeping quarters. Interior habitable
space includes lofts, mezzanines and storage areas". Further, Section 17.16.210A6e,
Mixed Use Structures, states that if a mixed use structure includes a stable, a loft
area may be constructed only over a stable portion of the mixed use structure.
There is no loft or other areas above the proposed office.
9. The elevation plan for the structure shows a 4 foot to 6 foot high storage
area, (not a full story), below that portion of the loft which was converted to a
bathroom. The Municipal Code does not set a minimum height in the definition of a
story or habitable space. After viewing the construction in the field, the Planning
Commission determined that the storage area below the bathroom and tack room
ZC NO. 677
CC 3/22/04
does not constitutes a "story", and therefore could remain, due to the minimal
height.
10. No grading is proposed for this project.
11. The property is zoned RAS-2, and the gross lot area is 2.75 acres. The net lot
area is 105,280 square feet. An 880 square foot water tank is located to the west of
the proposed residence. The three building pads measure 26,984 square feet, which
include a 3,240 square foot pad where the water tank is located. That portion of the
barn pad, which is located in the required setbacks, is not counted towards
buildable pad area.
12. The structural net lot coverage, as approved in 2001, is 8,466 square feet or
8.0%, which includes the proposed residence, garage, pool, service yard, stable and
the water tank, (20% permitted); and the total lot coverage including the structures
and paved areas is 22,281 square feet or 21.2%, (35% permitted).
13. Building pad coverage on the 22,880 square foot residential building pad is
proposed at 6,376 square feet or 27.9 %. Building pad coverage on the 3,240 square
foot water tank pad is 880 square feet or 27.2%. The stable pad, most of which is
located in the setback has coverage of 100%, as the flat portion of the area located in
the setback is not included in the calculations. The three pads, (including the barn
pad, outside the setback), total 26,984 square feet and will have 31.4% structural
pad coverage.
14. Disturbed area of the lot will be 39.5%, (40% permitted).
15. Utilities to the mixed -use structure will be placed underground.
16. According to the Rolling Hills Community Association Manager, the
Association would not review this project as no exterior modification to the
structure is proposed.
17. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council receive and file Resolution No. 2004-09, or
provide direction to staff.
ZC NO. 677
CC 3/22/04
• •
VARIANCE REQUIRED 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; and
B. That such variance is necessary for the preservationand enjoyment of substantial property
rights possessed by other properties in the same vicinity and zone but which is denied the
property in question; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
17.16.210(A) MIXED USE STRUCTURES
Mixed Use Structures. A mixed use structure, as defined by this title, shall be subject to the
following conditions:
a. 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.
b. 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.
c. If a portion of the structure is intended to be used as a stable or barn, that portion of
the structure shall be used exclusively for the purpose of keeping horses or other
permitted animals.
d. There shall be no sleeping quarters, temporary occupancy or kitchen/cooking
facilities or equipment in any portion of the detached garage or mixed use structure.
e. A loft area may be constructed only over a stable area of the structure, pursuant to this
title and the Building Code.
f. 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.
g. 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.
ZC NO. 677
CC 3/22/04
RESOLUTION NO. 2004-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO
CONVERT AN EXISTING STABLE INTO A MIXED USE STRUCTURE
AND GRANTING A VARIANCE TO ENCROACH WITH THE
EXISTING STRUCTURE INTO THE FRONT SETBACK AT AN EXISTING
SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 677, AT 23
PORTUGUESE BEND ROAD, (LOT 88-1-RH) RIZI.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Dr. and Mrs. Rizi with
respect to real property located at 23 Portuguese Bend Road, Rolling Hills (Lot
88-1-RH) requesting a Conditional Use Permit to convert an existing 1,210 square
foot stable into a mixed use structure, to be utilized as a stable and office, which
will also include a bathroom, tack room, storage room, a loft and a 4-6 feet high
storage area below the bathroom and tack room. The existing stable already
encroaches into the front setback, and due to its change of use requires a
Variance to remain in the setback. The conversion commenced prior to the
applicant applying to the City for the CUP and Variance.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on November 18, December 16, 2003,
January 20, 2004, February 17, 2004 and at a field trip visit on December 13, 2003.
The applicants were notified of the public hearings in writing by first class mail
and were in attendance. Evidence was heard and presented from all persons
interested in affecting said proposal, and from members of the City staff and the
Planning Commission having reviewed, analyzed and studied said proposal.
Section 3. In November 2001, the Planning Commission approved the
construction of a new 5,200 square foot residence to replace an existing residence,
with 600 square foot garage, and a 480 square foot indoor pool. The existing
house measuring 3,348 square feet with a 625 square foot garage will be
demolished. The applicants have demolished part of the structure and are in
their final stages of County review process to obtain grading permits for the new
residence.
Section 4. The existing 1,210 square foot stable with access is located
in the front setback. Records show that a building permit was issued in 1950 for
a new two story stable. Neither the City nor the Rolling Hills Community
Association (RHCA) has the original elevation or floor plans for the stable. Prior
to 1969 there were no provisions in the Zoning Code relating to number of
stories for stables. In June of 1969, the Zoning Code was amended to allow lofts
above stables, without glazed openings. The RHCA at the same time amended
their code, adding a requirement that lofts above a stable may be permitted
without glazed openings and requiring that the hayloft plate heights not exceed
RESOLUTION NO. 2004-09
• •
7'6", whereas the stable could be 8'6" high. According to the applicant, there
were windows in the loft area of the original stable.
Section 7. Pursuant to Section 17.16.080 Height Limitation, of the
Zoning Ordinance "a building shall have no more than one story, meaning no
interior habitable space shall exist over other habitable space. For the purpose of
this section, interior habitable space includes lofts, mezzanines and storage
areas." Paragraph 2 of this Section states that barns or stables may have a loft
without glazed openings (windows) and that the loft be limited in use to storage
of feed, tack and stable equipment. Section 17.12.080 defines Habitable Space,
Interior, as " an area within a building, fully enclosed by walls, windows, doors,
a roof or ceiling, and floors, which provides living, eating and/or sleeping
quarters. Interior habitable space includes lofts, mezzanines and storage areas".
Further, Section 17.16.210A6e, Mixed Use Structures, states that if a mixed use
structure includes a stable, a loft area may be constructed only over a stable
portion of the mixed use structure.
Section 8. The "as built" (converted) floor plan and elevation plan for
the stable/office shows a 4 foot to 6 foot high storage area, (not a full story),
below that portion of the loft which was converted to a bathroom and tack room.
The applicants have also constructed stairs leading from the upper level to the
proposed office. The Municipal Code does not set a•minimum height to meet the
definition of a story or habitable space, therefore, during the proceedings the
Planning Commission determined that the 4 foot to 6 foot storage area below the
bathroom and tack room does not constitutes a "story", and could remain.
Section 9. The Planning Commission finds that the project qualifies as
a Class 4 Exemption (State of CA Guidelines, Section 15304 - Minor Land
Alteration) and is therefore categorically exempt from environmental review
under the California Environmental Quality Act.
Section 10. Section 17.16.210(A)(6) of the Rolling Hills Municipal Code
permits approval of a mixed use structure under certain conditions, provided the
Planning Commission approves a Conditional Use Permit. The applicant is
requesting to convert the existing 1,210 square foot stable to a mixed use
structure, -which would consist of stable, office, bathroom, storage room, tack
room, loft and 4-6 feet storage area below the bathroom and tack room. With
respect to this request for a Conditional Use Permit, the Planning Commission
finds as follows:
A. The granting of a Conditional Use Permit for the conversion of a
stable would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan because the use is consistent with similar uses in the
community and is a permitted use with a CUP. The area proposed for the
conversion already exists and such use will not change the existing configuration
and number of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the conversion of the stable to a mixed
RESOLUTION NO. 2004-09
2
• •
use will not adversely affect or be materially detrimental to these adjacent uses,
buildings, or structures because the proposed use will be nestled behind existing
trees and is of sufficient distance from nearby residences so that the structure
will not impact the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the
natural terrain, and surrounding residences because the structure, which houses
the stable/office and related uses will comply with the low profile residential
development pattern of the community and the structure already exists.
D. The proposed conditional use complies with all applicable
development standards of the zone district, except for the encroachment, as
approved by this Resolution, because it is a permitted use under the Municipal
Code.
E. The proposed conditional 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 because the project site is not listed on
the current State of California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title
17 of the Zoning Code because a stable and corral will remain with the
conversion.
Section 11. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves a Conditional Use Permit for
the conversion of the stable to a mixed use structure, subject to the conditions
contained in Section 14 of this Resolution.
Section 12. Section 17.16.110 requires that the front yard setback be fifty
(50) feet from the roadway easement line. The applicants request a Variance to
continue the encroachment into the front yard setback with the converted
structure. With respect to this request for a Variance, the Planning Commission
finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property or to the intended use that do not apply
generally to the other property or class of use in the same zone because the lot is
irregular in shape, and is already developed with a structure in this location. The
location of the mixed use structure is desired so as to preserve nearly all of the
existing open space between the stable/office and the main house.
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. The Variance will permit
the development of the property in a manner similar to development patterns on
surrounding properties. The location of the building pad and the development
pattern of the remaining structures on site, especially the driveway dictate that
RESOLUTION NO. 2004-09
3
ILL
the mixed use structure be located in the front and does not replace the existing
structure.
C. The granting of the Variance will 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 because the proposed conversion of
the existing stable will not be visible to neighbors and will permit the owners to
enjoy their property without deleterious infringement on the rights of
surrounding property owners.
Section 13. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves a Variance for Zoning Case
No. 677 to permit the mixed use structure to remain in the front setback, subject
to the conditions specified in Section 14 of this Resolution.
Section 14 The Conditional Use Permit approval regarding the
conversion of a stable into a mixed use structure approved in Section 11 of this
Resolution, and the Variance regarding the location of the mixed use structure
approved in Section 13 of this Resolution are subject to the following conditions:
A. The Variance, and Conditional Use Permit approvals shall expire
within one year from the effective date of approval as defined in Sections
17.38.070(A) and 17.42.070(A of the Zoning Ordinance unless otherwise extended
pursuant to the requirements of those sections.
B. If any conditions of approval are violated, this approval shall be
suspended and the privileges granted hereunder shall lapse; provided that the
applicants have been given written notice to cease such violation, the
opportunity for a hearing has been provided, and if requested, has been held,
and thereafter the applicant fails to correct the violation within a period of thirty
(30) days from the date of the City's determination.
C. All requirements of the Building Code, the Zoning Ordinance, and
of the zone in which the subject property is located must be complied with,
unless otherwise set forth in this approval.
D. The conversion shall be developed and maintained in substantial
conformance with the elevation and floor plan, dated February 12, 2004, except
as otherwise provided in these conditions.
E. There shall be no grading for this project and no expansion of the
existing foot print of the structure is allowed.
F. All conditions of Section 17.210(A)(6) for mixed use structure shall
be complied with at all times as follows:
a. 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.
RESOLUTION NO. 2004-09
4
•
b. 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.
c. If a portion of the structure is intended to be used as a stable or
barn, that portion of the structure shall be used exclusively for the purpose of
keeping horses or other permitted animals.
d. There shall be no sleeping quarters, temporary occupancy or
kitchen/cooking facilities or equipment in any portion of the detached garage or
mixed use structure.
e. A loft area may be constructed only over a stable area of the
structure, pursuant to this title and the Building Code. -
f. 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.
g. 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.
G. 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 in accordance with
Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills
Municipal Code.
H. Landscaping shall be designed using native trees and shrubs.
The trees, when planted, shall be mature and which at full maturity shall not
obstruct views of neighboring properties but, shall obscure the mixed use
structure.
I. The "as built" conversion shall be reviewed by the Building and
Safety Department and the applicant shall obtain all applicable building permits.
The conversion shall comply with the County Building Code requirements.
J. There shall be no heating vents in the loft area, except that
ventilation vents are required.
K. There shall be an open area in the floor of the loft to allow feed to
be dropped to the stalls below. The stalls shall be developed for the purpose of
RESOLUTION NO. 2004-09
5
keeping horses or other permitted animals only, and may have a concrete floor
with neo-prene pads.
L. All conditions of approval of Resolution No. 2001-24, dated
November 20, 2001 for the construction of a new single family residence and
retention of the 1,210 square foot structure shall be in full force and effect.
M. 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.
N. During construction, conformance with local ordinances and
engineering practices so that people or property is not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
O. During construction, conformance with the air quality management
district requirements, storm water 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.
P. During construction, the Erosion Control Plan containing the
elements set forth in Section 7010 of the 1998 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control storm water pollution as required by the County of Los
Angeles.
Q.
project site.
R. 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.
S. 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 septic tank facilities.
T. 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 and storm water pollution
prevention.
U. 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.
During and after construction, all parking shall take place on the
RESOLUTION NO. 2004-09
6
• •
V. Prior to granting a final inspection and/or certificate of occupancy,
utility lines to the mixed use structure shall be placed underground.
W. The City's and the Community Association's requirements related
to outdoor lighting, roofing material, if the structure is to be re -roofed, and all
other requirements shall be complied with.
X. A drainage plan shall be submitted to the Planning Department
and County Building Department for review and approval. If an above ground
drainage design is utilized, it shall be designed in such a manner as not to cross
over any equestrian trails. Any drainage system shall not discharge water onto a
trail, shall incorporate earth tone colors, including in the design of the dissipater
and be screened from any trail and neighbors views to the maximum extent
practicable, without impairing the function of the drain system.
Y. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Variance and Conditional Use Permit approvals, or the
approvals shall not be effective.
Z. All conditions, when applicable, of the Variance and Conditional
Use Permit approvals must be complied with prior to the issuance of a building
permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 166 1-1)21Y OF MARCH, 2004
ARV WI1'TE, CHAIRMAN
t
ATTEST:
MARILYN KEI .N, DEPUTY CITY CLERK
RESOLUTION NO. 2004-09
7
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution 2004-09 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE
PERMIT TO CONVERT AN EXISTING STABLE INTO A MIXED
USE STRUCTURE AND GRANTING A VARIANCE TO
ENCROACH WITH THE EXISTING STRUCTURE INTO THE
FRONT SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 677, AT 23 PORTUGUESE
BEND ROAD, (LOT 88-1-RH) RIZI.
was approved and adopted at a regular meeting of the Planning Commission on
March 16, 2004 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Margeta, Sommer
and Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
W
DEPUTY CITY CLERK
RESOLUTION NO. 2004-09
8
DATE:
TO:
FROM:
•
City leoffinl
MARCH 16, 2004
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO. ZONING CASE NO. 677
SITE LOCATION: 23 PORTUGUESE BEND ROAD (LOT 88-1-RH)
ZONING AND SIZE: RA-S-2, 2.75 ACRES (GROSS)
APPLICANT: DR. AND MRS. ROGER RIZI
REPRESENTATIVE: DOUGLAS McHATTIE, BOLTON ENGINEERING
PUBLISHED: NOVEMBER 8, 2003
REOUEST
Request for a Conditional Use Permit to convert an existing stable into a mixed use
structure (stable and office), and request for a Variance to permit the structure to
encroach into the front yard setback at an existing single family residence.
BACKGROUND
1. At the February 17, 2004 Planning Commission meeting, the Commission
directed staff to prepare a Resolution of approval in Zoning Case No. 677, with
standard findings and conditions for a mixed -use structure. The vote was 5-0.
Resolution No. 2004-09 is attached for Commission's consideration.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2004-09
approving this development.
Printed on Re yc;l.,d ('>.iper
RESOLUTION NO. 2004-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO
CONVERT AN EXISTING STABLE INTO A MIXED USE STRUCTURE
AND GRANTING A VARIANCE TO ENCROACH WITH THE
EXISTING STRUCTURE INTO THE FRONT SETBACK AT AN EXISTING
SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 677, AT 23
PORTUGUESE BEND ROAD, (LOT 88-1-RH) RIZI.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Dr. and Mrs. Rizi with
respect to real property located at 23 Portuguese Bend Road, Rolling Hills (Lot
88-1-RH) requesting a Conditional Use Permit to convert an existing 1,210 square
foot stable into a mixed use structure, to be utilized as a stable and office, which
will also include a bathroom, tack room, storage room, a loft and a 4-6 feet high
storage area below the bathroom and tack room. The existing stable already
encroaches into the front setback, and due to its change of use requires a
Variance to remain in the setback. The conversion commenced prior to the
applicant applying to the City for the CUP and Variance.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on November 18, December 16, 2003,
January 20, 2004, February 17, 2004 and at a field trip visit on December 13, 2003.
The applicants were notified of the public hearings in writing by first class mail
and were in attendance. Evidence was heard and presented from all persons
interested in affecting said proposal, and from members of the City staff and the
Planning Commission having reviewed, analyzed and studied said proposal.
Section 3. In November 2001, the Planning Commission approved the
construction of a new 5,200 square foot residence to replace an existing residence,
with 600 square foot garage, and a 480 square foot indoor pool. The existing
house measuring 3,348 square feet with a 625 square foot garage will be
demolished. The applicants have demolished part of the structure and are in
their final stages of County review process to obtain grading permits for the new
residence.
Section 4. The existing 1,210 square foot stable with access is located
in the front setback. Records show that a building permit was issued in 1950 for
a new two story stable. Neither the City nor the Rolling Hills Community
Association (RHCA) has the original elevation or floor plans for the stable. Prior
to 1969 there were no provisions in the Zoning Code relating to number of
stories for stables. In June of 1969, the Zoning Code was amended to allow lofts
above stables, without glazed openings. The RHCA at the same time amended
their code, adding a requirement that lofts above a stable may be permitted
without glazed openings and requiring that the hayloft plate heights not exceed
RESOLUTION NO. 2004-09
1
• •
7'6", whereas the stable could be 8'6" high. According to the applicant, there
were windows in the loft area of the original stable.
Section 7. Pursuant to Section 17.16.080 Height Limitation, of the
Zoning Ordinance "a building shall have no more than one story, meaning no
interior habitable space shall exist over other habitable space. For the purpose of
this section, interior habitable space includes lofts, mezzanines and storage
areas." Paragraph 2 of this Section states that barns or stables may have a loft
without glazed openings (windows) and that the loft be limited in use to storage
of feed, tack and stable equipment. Section 17.12.080 defines Habitable Space,
Interior, as " an area within a building, fully enclosed by walls, windows, doors,
a roof or ceiling, and floors, which provides living, eating and/or sleeping
quarters. Interior habitable space includes lofts, mezzanines and storage areas".
Further, Section 17.16.210A6e, Mixed Use Structures, states that if a mixed use
structure includes a stable, a loft area may be constructed only over a stable
portion of the mixed use structure.
Section 8. The "as built" (converted) floor plan and elevation plan for
the stable/office shows a 4 foot to 6 foot high storage area, (not a full story),
below that portion of the loft which was converted to a bathroom and tack room.
The applicants have also constructed stairs leading from the upper level to the
proposed office. The Municipal Code does not set a minimum height to meet the
definition of a story or habitable space, therefore, during the proceedings the
Planning Commission determined that the 4 foot to 6 foot storage area below the
bathroom and tack room does not constitutes a "story", and could remain.
Section 9. The Planning Commission finds that the project qualifies as
a Class 4 Exemption (State of CA Guidelines, Section 15304 - Minor Land
Alteration) and is therefore categorically exempt from environmental review
under the California Environmental Quality Act.
Section 10. Section 17.16.210(A)(6) of the Rolling Hills Municipal Code
permits approval of a mixed use structure under certain conditions, provided the
Planning Commission approves a Conditional Use Permit. The applicant is
requesting to convert the existing 1,210 square foot stable to a mixed use
structure, which would consist of stable, office, bathroom, storage room, tack
room, loft and 4-6 feet storage area below the bathroom and tack room. With
respect to this request for a Conditional Use Permit, the Planning Commission
finds as follows:
A. The granting of a Conditional Use Permit for the conversion of a
stable would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan because the use is consistent with similar uses in the
community and is a permitted use with a CUP. The area proposed for the
conversion already exists and such use will not change the existing configuration
and number of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the conversion of the stable to. a mixed
RESOLUTION NO. 2004-09
2
•
use will not adversely affect or be materially detrimental to these adjacent uses,
buildings, or structures because the proposed use will be nestled behind existing
trees and is of sufficient distance from nearby residences so that the structure
will not impact the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the
natural terrain, and surrounding residences because the structure, which houses
the stable/office and related uses will comply with the low profile residential
development pattern of the community and the structure already exists.
D. The proposed conditional use complies with all applicable
development standards of the zone district, except for the encroachment, as
approved by this Resolution, because it is a permitted use under the Municipal
Code.
E. The proposed conditional 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 because the project site is not listed on
the current State of California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title
17 of the Zoning Code because a stable and corral will remain with the
conversion.
Section 11. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves a Conditional Use Permit for
the conversion of the stable to a mixed use structure, subject to the conditions
contained in Section 14 of this Resolution.
Section 12. Section 17.16.110 requires that the front yard setback be fifty
(50) feet from the roadway easement line. The applicants request a Variance to
continue the encroachment into the front yard setback with the converted
structure. With respect to this request for a Variance, the Planning Commission
finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property or to the intended use that do not apply
generally to the other property or class of use in the same zone because the lot is
irregular in shape, and is already developed with a structure in this location. The
location of the mixed use structure is desired so as to preserve nearly all of the
existing open space between the stable/office and the main house.
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. The Variance will permit
the development of the property in a manner similar to development patterns on
surrounding properties. The location of the building pad and the development
pattern of the remaining structures on site, especially the driveway dictate that
RESOLUTION NO. 2004-09
3
•
i
the mixed use structure be located in the front and does not replace the existing
structure.
C. The granting of the Variance will 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 because the proposed conversion of
the existing stable will not be visible to neighbors and will permit the owners to
enjoy their property without deleterious infringement on the rights of
surrounding property owners.
Section 13. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves a Variance for Zoning Case
No. 677 to permit the mixed use structure to remain in the front setback, subject
to the conditions specified in Section 14 of this Resolution.
Section 14 The Conditional Use Permit approval regarding the
conversion of a stable into a mixed use structure approved in Section 11 of this
Resolution, and the Variance regarding the location of the mixed use structure
approved in Section 13 of this Resolution are subject to the following conditions:
A. The Variance, and Conditional Use Permit approvals shall expire
within one year from the effective date of approval as defined in Sections
17.38.070(A) and 17.42.070(A of the Zoning Ordinance unless otherwise extended
pursuant to the requirements of those sections.
B. If any conditions of approval are violated, this approval shall be
suspended and the privileges granted hereunder shall lapse; provided that the
applicants have been given written notice to cease such violation, the
opportunity for a hearing has been provided, and if requested, has been held,
and thereafter the applicant fails to correct the violation within a period of thirty
(30) days from the date of the City's determination.
C. All requirements of the Building Code, the Zoning Ordinance, and
of the zone in which the subject property is located must be complied with,
unless otherwise set forth in this approval.
D. The conversion shall be developed and maintained in substantial
conformance with the elevation and floor plan, dated February 12, 2004, except
as otherwise provided in these conditions.
E. There shall be no grading for this project and no expansion of the
existing foot print of the structure is allowed.
F. All conditions of Section 17.210(A)(6) for mixed use structure shall
be complied with at all times as follows:
a. 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.
RESOLUTION NO. 2004-09
4
• •
b. 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.
c. If a portion of the structure is intended to be used as a stable or
barn, that portion of the structure shall be used exclusively for the purpose of
keeping horses or other permitted animals.
d. There shall be no sleeping quarters, temporary occupancy or
kitchen/cooking facilities or equipment in any portion of the detached garage or
mixed use structure.
e. A loft area may be constructed only over a stable area of the
structure, pursuant to this title and the Building Code.
f. 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.
g. 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.
G. 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 in accordance with
Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills
Municipal Code.
H. Landscaping shall be designed using native trees and shrubs.
The trees, when planted, shall be mature and which at full maturity shall not
obstruct views of neighboring properties but, shall obscure the mixed use
structure.
I. The "as built" conversion shall be reviewed by the Building and
Safety Department and the applicant shall obtain all applicable building permits.
The conversion shall comply with the County Building Code requirements.
J. There shall be no heating vents in the loft area, except that
ventilation vents are required.
K. There shall be an open area in the floor of the loft to allow feed to
be dropped to the stalls below. The stalls shall be developed for the purpose of
RESOLUTION NO. 2004-09
5
• •
keeping horses or other permitted animals only, and may have a concrete floor
with neo-prene pads.
L. All conditions of approval of Resolution No. 2001-24, dated
November 20, 2001 for the construction of a new single family residence and
retention of the 1,210 square foot structure shall be in full force and effect.
M. 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.
N. During construction, conformance with local ordinances and
engineering practices so that people or property is not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
O. During construction, conformance with the air quality management
district requirements, storm water 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.
P. During construction, the Erosion Control Plan containing the
elements set forth in Section 7010 of the 1998 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control storm water pollution as required by the County of Los
Angeles.
Q. During and after construction, all parking shall take place on the
project site.
R. 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.
S. 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 septic tank facilities.
T. 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 and storm water pollution
prevention.
U. 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.
RESOLUTION NO. 2004-09
6
• •
V. Prior to granting a final inspection and/or certificate of occupancy,
utility lines to the mixed use structure shall be placed underground.
W. The City's and the Community Association's requirements related
to outdoor lighting, roofing material, if the structure is to be re -roofed, and all
other requirements shall be complied with.
X. A drainage plan shall be submitted to the Planning Department
and County Building Department for review and approval. If an above ground
drainage design is utilized, it shall be designed in such a manner as not to cross
over any equestrian trails. Any drainage system shall not discharge water onto a
trail, shall incorporate earth tone colors, including in the design of the dissipater
and be screened from any trail and neighbors views to the maximum extent
practicable, without impairing the function of the drain system.
Y. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Variance and Conditional, Use Permit approvals, or the
approvals shall not be effective.
Z. All conditions, when applicable, of the Variance and Conditional
Use Permit approvals must be complied with prior to the issuance of a building
permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MARCH, 2004
ARVEL WITTE, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 2004-09
7
• •
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution 2004-09 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE
PERMIT TO CONVERT AN EXISTING STABLE INTO A MIXED
USE STRUCTURE AND GRANTING A VARIANCE TO
ENCROACH WITH THE EXISTING STRUCTURE INTO THE
FRONT SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 677, AT 23 PORTUGUESE
BEND ROAD, (LOT 88-1-RH) RIZI.
was approved and adopted at a regular meeting of the Planning Commission on
March 16, 2004 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.
DEPUTY CITY CLERK
RESOLUTION NO. 2004-09
8
DATE:
TO:
FROM:
•
Ciiy o/ f2 P7,.y JJPP
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
FEBRUARY 17, 2004
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 677 �]
23 PORTUGUESE BEND ROAD (LOT 88-1-RH) J
RA-S-2, 2.75 ACRES (GROSS)
DR. AND MRS. ROGER RIZI
DOUGLAS McHATTIE, BOLTON ENGINEERING
NOVEMBER 8, 2003
-C
REQUEST
Request for a Conditional Use Permit to convert an existing stable into a mixed use
structure (stable and office), and request for a Variance to permit the structure to
encroach into the front yard setback at an existing single family residence.
BACKGROUND
1. The applicants request a Conditional Use Permit to convert an existing, legal two
story, 1,210 square foot stable into a mixed use structure, which would include a stable
and an office on the first story and a loft with a bathroom above it, and a Variance to
allow the structure to remain in the front yard setback. The property is accessed from
Talley Hand Road. The applicants started the conversion prior to applying for
approvals, but ceased all construction pending Planning Commission decision.
2. At the December 16, 2003 meeting, the Planning Commission reiterated their
concerns noticed in the field on December 13, 2003. Those concerns related to the
configuration and design of the loft area of the stable, the presence of heating vents in
the loft, the absence of a door or other opening, which would allow feed to be dropped
to the stalls below, the absence, of ventilation for the loft and the placement of electrical
controls in the stable stalls.
3. The applicants' representative requested a continuance of this case to allow them
time to provide a revised plan for the stable/mixed use structure.
4. The applicants' representative met with a barn construction company and
revised their plan to show a trap door for the feed, eliminated the heating vents in the
loft area and provided for ventilation. Should the request be approved, it will be
ZC No. 677 1
Plng.Comm. 2/17/04
prvitc;d on Recycled h'apr;r
•
required that the conversion be in conformance with the approved interior and
elevation plan, as submitted.
5. In November 2001, the Planning Commission approved the construction of a
new 5,200 square foot residence to replace an existing residence, with 600 square foot
garage, and a 480 square foot indoor pool. The existing house measuring 3,348 square
feet with a 625 square foot garage will be demolished. The applicants obtained a
demolition permit and started partial demolition of the existing house.
6. The. existing 1,210 square foot stable with access is located in the front yard
setback. This stable was constructed in 1950. As the location in the setback is a pre-
existing condition, no Variance from front yard setback encroachment was required for
the previous proposal.
7. Records show that a building permit was issued in 1950 for a new two stories
stable. -Neither the City nor the Rolling Hills Community Association (RHCA) have the
original -elevation or floor plans for the stable.
8. Prior to 1969 there were no provisions in the Zoning Code relating to number of
stories for stables. In June of 1969, the Zoning Code was amended to allow lofts above
stables, without glazed openings. The RHCA at the same time amended their code,
adding a requirement that lofts above a stable may be permitted without glazed
openings and requiring that the hayloft plate heights not exceed 7'6", whereas the stable
could be 8'6" high. According to the applicant, there were windows in the loft area of
the original stable.
9. Pursuant .to - Section 17.16.080 Height Limitation, of the Zoning Ordinance "a
building shall have no more than one story, meaning no interior habitable space shall
exist over other habitable space. For the purpose of this section, interior habitable space
includes lofts, mezzanines and storage areas." Paragraph 2 of this Section states that
barns or stables may have a loft without glazed openings (windows) and that the loft be
limited in use to storage of feed, tack and stable equipment. Section 17.12.080 defines
Habitable Space, Interior, as follows " an area within a building, fully enclosed by walls,
windows, doors, a roof or ceiling, and floors, which provides living, eating and/or
sleeping, quarters. Interior habitable space includes lofts, mezzanines and storage
areas". Further, Section 17.16.210A6e, Mixed Use Structures, states that if a mixed use
structure, includes a stable, a loft area may be constructed only over a stable portion of
the mixed use structure. There is no loft or other areas above the proposed office.
10. The elevation plan for the structure shows a 4 foot to 6 foot high storage area,
(not a full story), below that portion of the loft which was converted to a bathroom. The
applicants have also constructed stairs leading from the upper level (tack room) to the
proposed office. The Municipal Code does not set a minimum height (8 feet, for
example) to meet the definition of a story or habitable space. After viewing the
construction in the field, the Planning Commission determined that the storage area
below the bathroom and tack room does not constitutes a "story", and therefore could
remain. Since lofts currently, and in the past, were permitted to have staircases, the
stairs constructed by the applicant could also remain.
ZC No. 677
Plng.Comm. 2/17/04
11. No grading is proposed for this project.
12. The property is zoned RAS-2, and the gross lot area is 2.75 acres. The net lot area
is 105,280 square feet. An 880 square foot water tank is located to the west of the
proposed residence. The three building pads measure 26,984 square feet, which include
a 3,240 square foot pad where the water tank is located. That portion of the barn pad,
which is located in the required setbacks, is not counted towards buildable pad area.
13. The structural net lot coverage, as approved in 2001, is 8,466 square feet or 8.0%,
which includes the proposed residence, garage, pool, service yard, stable and the water
tank, (20% permitted); and the total lot coverage including the structures and paved
areas is 22,281 square feet or 21.2%, (35% permitted).
14. Building pad coverage on the 22,880 square foot residential building pad is
proposed at 6,376 square feet or 27.9 %. Building pad coverage on the 3,240 square foot
water tank pad is 880 square feet or 27.2%. The stable pad, most of which is located in
the setback has coverage of 100%, as the flat portion of the area located in the setback is
not included in the calculations. The three pads, (including the barn pad, outside the
setback), total 26,984 square feet and will have 31.4% structural pad coverage.
15. Disturbed area of the lot will be 39.5%, (40% permitted).
16. Utilities to the mixed -use structure will be placed underground.
17. The Rolling Hills Community Association will not review this project as no
changes to the exterior of the structure are proposed.
18. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review staff report, take public
testimony and provide direction to staff.
ZC No. 677 3
Plng.Comm. 2/17/04
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
17.16.210(A) MIXED USE STRUCTURES
Mixed Use Structures. A mixed use structure, as defined by this title, shall be subject to the
following conditions:
a. 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.
b. 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.
c. If a portion of the structure is intended to be used as a stable or barn, that portion of
the structure shall be used exclusively for the purpose of keeping horses or other
permitted animals.
d. There shall be no sleeping quarters, temporary occupancy or kitchen/cooking
facilities or equipment in any portion of the detached garage or mixed use structure.
e. A loft area may be constructed only over a stable area of the structure, pursuant to this
title and the Building Code.
f. 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.
g. 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.
ZC No. 677 4
Ping.Comm. 2/17/04
DATE:
TO:
FROM:
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
REOUEST
•
City oif2 PP„y JJ.PP
INCORPORATED
JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
JANUARY 20, 2004
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
ZONING CASE NO. 677
23 PORTUGUESE BEND ROAD (LOT 88-1-RH)
RA-S-2, 2.75 ACRES (GROSS)
DR. AND MRS. ROGER RIZI
DOUGLAS McHATTIE, BOLTON ENGINEERING
NOVEMBER 8, 2003
c_
Request for a Conditional Use Permit to convert an existing stable into a mixed use structure
(stable and office), and request for a Variance to permit the structure to encroach into the front
yard setback at an existing single family residence.
BACKGROUND
1. The applicants request a Conditional Use Permit to convert an existing 1,210 square foot
stable into a mixed use structure, which would include a stable and an office on the first story
and a loft with a bathroom above it, and a Variance to allow the structure to remain in the front
yard setback. The property is accessed from Talley Hand Road. The applicants started the
conversion a few months ago, but ceased all construction pending Planning Commission
decision.
2. At the December 16, 2003 meeting, the Planning Commission reiterated their concerns
noticed in the field on December 13, 2003. Those concerns relate to the configuration and design
of the loft area of the stable, the presence of heating vents in the loft, the absence of a door or
other opening, which would allow feed to be dropped to the stalls below, the absence of
ventilation for the loft and the placement of electrical controls in the stable stalls.
3. At the 1December 16, 2003 meeting, the applicants' representative requested a
continuance of this case to tonight's meeting to allow them time to provide a revised
floor and mechanical plan for the stable/mixed use structure.
4. On January 15, 2004, the applicants' representative requested that the hearing be
continued to the February 17, 2004 Planning Commission meeting.
RECOMMENDATION
It is recommended that the Planning Commission continue Zoning Case No. 677 to the
next meeting.
ZC No. 677
Plng.Comm. 1/20/04 6
®Pru,ltd on Fiecvcrod f';rpr;r
01/19/2004 18:15 760771413 MAGAUGD
1111
•
PAGE 01
Bolton Engineering Corporation
707 Silver Spur Road, Suite 201
Rolling Hills Estates, CA 90274
tel (310) 544-6010 fax (310) 544-0458
Ms Yolanta Schwartz,
Principal Planner,
City of Rolling Hills,
2 Portuguese Bend Rd.,
Rolling Hills, CA 90274.
Dear Yolanta,
We herewith respectfully request a continuance in the matter
of the barn conversion at the Rizi residence, 22 Portuguese Bend Road.
We were not able to meet with a stable expert and draw up the
required plans in time to make the January meeting,
We will have the material available so that we may be on the
February agenda.
erely,
Douglas K. McHattie,
Vice President,
DATE:
TO:
FROM:
•
C1i 0/ RO//�.
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
DECEMBER 16, 2003
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 677 23 PORTUGUESE BEND ROAD (LOT 88-1-RH)
RH , ,,,a,,,
RA-S-2, 2.75 ACRES (GROSS) "
DR. AND MRS. ROGER RIZI
DOUGLAS McHATTIE, BOLTON ENGINEERING
NOVEMBER 8, 2003
REQUEST
Request for a Conditional Use Permit to convert an existing stable into a mixed use
structure (stable and office), and request for a Variance to permit the structure to
encroach into the front yard setback at an existing single family residence.
BACKGROUND
1. The Planning Commission visited subject property on December 13, 2003.
2. The applicants request a Conditional Use Permit to convert an existing 1,210
square foot stable into a mixed use, which would include a stable and an office on the
first story and a storage room with a bathroom on the second story, and a Variance to
allow the structure to remain in the front yard setback. The property is accessed from
Talley Hand Road. The applicants started the conversion a few months ago, but ceased
all construction pending Planning Commission decision.
3. In November 2001, the Planning Commission approved the construction of a
new 5,200 square foot residence to replace an existing residence, with 600 square foot
garage, and a 480 square foot indoor pool. The existing house measuring 3,348 square
feet with a 625 square foot garage will be demolished. The applicants are in their final
stages of County review to obtain grading permits for the new residence.
4. The existing 1,210 square foot stable with access is located in the front yard
setback. This stable was constructed in 1950. As the location in the setback is a pre-
existing condition, no Variance from front yard setback encroachment was required for
the previous proposal. However, due to the proposed change in use, a Variance for
encroachment is required.
ZC No. 677
Plng.Comm. 12/16/03 1
®PrririutIon Recy:Ied r''..1pftr
5. Records show that a building permit was issued in 1950 for a new two stories
stable. Neither the City nor the Rolling Hills Community Association (RHCA) has the
original elevation or floor plans for the stable.
6. Prior to 1969 there were no provisions in the Zoning Code relating to number of
stories for stables. In June of 1969, the Zoning Code was amended to allow lofts above
stables, without glazed openings. The RHCA at the same time amended their code,
adding a requirement that lofts above a stable may be permitted without glazed
openings and requiring that the hayloft plate heights not exceed 7'6", whereas the stable
could be 8'6" high. According to the applicant, there were windows in the loft area of
the original stable.
7. Pursuant to Section 17.16.080 Height Limitation, of the Zoning Ordinance "a
building shall have no more than one story, meaning no interior habitable space shall
exist over other habitable space. For the purpose of this section, interior habitable space
includes lofts, mezzanines and storage areas." Paragraph 2 of this Section states that
barns or stables may have a loft without glazed openings (windows) and that the loft be
limited in use to storage of feed, tack and stable equipment. Section 17.12.080 defines
Habitable Space, Interior, as follows " an area within a building, fully enclosed by walls,
windows, doors, a roof or ceiling, and floors, which provides living, eating and/or
sleeping quarters. Interior habitable space includes lofts, mezzanines and storage
areas". Further, Section 17.16.210A6e, Mixed Use Structures, states that if a mixed use
structure includes a stable, a loft area may be constructed only over a stable portion of
the mixed use structure.
8. 8. Just prior to the November 18, 2003 Planning Commission meeting, the
applicants' architect submitted a floor plan and elevation plan for the stable. The plan
shows a 4 foot to 6 foot high storage area, (not a full story), below that portion of the loft
which was converted to a bathroom. The applicants have also constructed stairs leading
from the upper level to the proposed office. The Municipal Code does not set a
minimum height (8 feet for example) to meet the definition of a story or habitable
space, therefore, it is recommended that the Planning Commission determine if the 4
foot to 6 foot storage area below the bathroom constitutes a "story", and should a
bathroom be allowed above a storage area. Since lofts currently and in the past were
permitted to have staircases, the stairs constructed by the applicant could remain.
9. No grading is proposed for this project.
10. The property is zoned RAS-2, and the gross lot area is 2.75 acres. The net lot area
is 105,280 square feet. An 880 square foot water tank is located to .the west of the
proposed residence. The three building pads measure 26,984 square feet, which include
a 3,240 square foot pad where the water tank is located. That portion of the barn pad,
which is located in the required setbacks, is not counted towards buildable pad area.
11. The structural net lot coverage, as approved in 2001, is 8,466 square feet or 8.0%,
which includes the proposed residence, garage, pool, service yard, stable and the water
tank, (20% permitted); and the total lot coverage including the structures and paved
areas is 22,281 square feet or 21.2%, (35% permitted).
ZC No. 677
Plng.Comm. 12/16/03 2
• •
12. Building pad coverage on the 22,880 square foot residential building pad is
proposed at 6,376 square feet or 27.9 %. Building pad coverage on the 3,240 square foot
water tank pad is 880 square feet or 27.2%. The stable pad, most of which is located
outside the setbacks has coverage of 100%, as the area outside the setback is not
included in the calculations. The three pads, (including the barn pad, inside the
setback), total 26,984 square feet and will have 31.4% structural pad coverage.
13. Disturbed area of the lot will be 39.5%, (40% permitted) of the net lot area.
Disturbance includes any remedial grading (temporary disturbance), any graded slopes
and building pad areas, and any nongraded area where impervious surfaces will
remain or are proposed to be added.
14. Utilities to the mixed -use structure will be placed underground.
15. The Rolling Hills Community Association will review this project at a later
date.
16. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review staff report, take public
testimony and provide direction to staff.
ZC No. 677
Plng.Comm. 12/16/03 3
• •
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
17.16.210(A) MIXED USE STRUCTURES
Mixed Use Structures. A mixed use structure, as defined by this title, shall be subject to the
following conditions:
a. 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.
b. 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.
c. If a portion of the structure is intended to be used as a stable or barn, that portion of
the structure shall be used exclusively for the purpose of keeping horses or other
permitted animals.
d. There shall be no sleeping quarters, temporary occupancy or kitchen/cooking
facilities or equipment in any portion of the detached garage or mixed use structure.
e. A loft area may be constructed only over a stable area of the structure, pursuant to this
title and the Building Code.
f. 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.
g. 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.
ZC No. 677
PIng.Comm. 12/16/03 4
DATE:
TO:
FROM:
•
City 0/ RoePnq.ue�
DECEMBER 13, 2003
•
INCORPORATED JANUARY 24, 1957
NO.2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO. ZONING CASE NO. 677
SITE LOCATION: 23 PORTUGUESE BEND ROAD (LOT 88-1-RH
ZONING AND SIZE: RA-S-2, 2.75 ACRES (GROSS)
APPLICANT: DR. AND MRS. ROGER RIZI
REPRESENTATIVE: DOUGLAS McHATTIE, BOLTON ENGINEERING
PUBLISHED: NOVEMBER 8, 2003
REQUEST
Request for a Conditional Use Permit to convert an existing stable into a mixed use
structure (stable and office), and request for a Variance to permit the structure to
encroach into the front yard setback at an existing single family residence.
BACKGROUND
1. The Planning Commission scheduled a field visit to subject property on
December 13, 2003.
2. The applicants request a Conditional Use Permit to convert an existing 1,210
square foot stable into a mixed use, which would include a stable and an office on the
first story and a storage room with a bathroom on the second story, and a Variance to
allow the structure to remain in the front yard setback. The property is accessed from
Talley Hand Road. The applicants started the conversion a few months ago, but ceased
all construction pending Planning Commission decision.
3. In November 2001, the Planning Commission approved the construction of a
new 5,200 square foot residence to replace an existing residence, with 600 square foot
garage, and a 480 square foot indoor pool. The existing house measuring 3,348 square
feet with a 625 square foot garage will be demolished. The applicants are in their final
stages of County review to obtain grading permits for the new residence.
4. The existing 1,210 square foot stable with access is located in the front yard
setback. This stable was constructed in 1950. As the location in the setback is a pre-
existing condition, no Variance from front yard setback encroachment was required for
the previous proposal. However, due to the proposed change in use, a Variance for
encroachment is required.
ZC. No 677
PIng.Comm 12/13/03FT
• •
5. Records show that a building permit was issued in 1950 for a new two stories
stable. Neither the City nor the Rolling Hills Community Association (RHCA) has the
original elevation or floor plans for the stable.
6. Prior to 1969 there were no provisions in the Zoning Code relating to number of
stories for stables. In June of 1969, the Zoning Code was amended to allow lofts above
stables, without glazed openings. The RHCA at the same time amended their code,
adding a requirement that lofts above a stable may be permitted without glazed
openings and requiring that the hayloft plate heights not exceed 7'6", whereas the stable
could be 8'6" high. According to the applicant, there were windows in the loft area of
the original stable.
7. Pursuant to Section 17.16.080 Height Limitation, of the Zoning Ordinance "a
building shall have no more than one story, meaning no interior habitable space shall
exist over other habitable space. For the purpose of this section, interior habitable space
includes lofts, .mezzanines and storage areas." Paragraph 2 of this Section states that
barns or stables may have a loft without glazed openings (windows) and that the loft be
limited in use to storage of feed, tack and stable equipment. Section 17.12.080 defines
Habitable Space, Interior, as follows " an area within a building, fully enclosed by walls,
windows, doors, a roof or ceiling, and floors, which provides living, eating and/or
sleeping quarters. Interior habitable space includes lofts, mezzanines and storage
areas". Further, Section 17.16.210A6e, Mixed Use Structures, states that if a mixed use
structure includes a stable, a loft area may be constructed only over a stable portion of
the mixed use structure.
8. Just prior to the November 18, 2003 Planning Commission meeting, the
applicants' architect submitted a floor plan and elevation plan for the stable. The plan
shows a 4 foot to 6 foot high storage area, (not a full story), below that portion of the loft
which was converted to a bathroom. The applicants have also constructed stairs leading
from the upper level to the proposed office. The Municipal Code does not set a
minimum height (8 feet for example) to meet the definition of a story or habitable
space, therefore, after viewing the interior of the converted stable, it is recommended
that the Planning Commission determine if the 4 foot to 6 foot storage area below the
bathroom constitutes a "story", and should a bathroom be allowed above a storage
area. Since lofts currently and in the past were permitted to have staircases, the stairs
constructed by the applicant could remain.
9. No grading is proposed for this project.
10. The property is zoned RAS-2, and the gross lot area is 2.75 acres. The net lot area
is 105,280 square feet. An 880 square foot water tank is located to the west of the
proposed residence. The three building pads measure 26,984 square feet, which include
a 3,240 square foot pad where the water tank is located. That portion of the barn pad,
which is located in the required setbacks, is not counted towards buildable pad area.
11. The structural net lot coverage, as approved in 2001, is 8,466 square feet or 8.0%,
which includes the proposed residence, garage, pool, service yard, stable and the water
ZC. No 677 2
Ping.Comm 12/13/03FT
• •
tank, (20% permitted); and the total lot coverage including the structures and paved
areas is 22,281 square feet or 21.2%, (35% permitted).
12. Building pad coverage on the 22,880 square foot residential building pad is
proposed at 6,376 square feet or 27.9 %. Building pad coverage on the 3,240 square foot
water tank pad is 880 square feet or 27.2%. The stable pad, most of which is located
outside the setbacks has coverage of 100%, as the area outside the setback is not
included in the calculations. The three pads, (including the barn pad, inside the
setback), total 26,984 square feet and will have 31.4% structural pad coverage.
13. Disturbed area of the lot will be 39.5%, (40% permitted) of the net lot area.
Disturbance includes any remedial grading (temporary disturbance), any graded slopes
and building pad areas, and any nongraded area where impervious surfaces will
remain or are proposed to be added.
14. Utilities to the mixed -use structure will be placed underground.
15. The Rolling Hills Community Association will review this project at a later
date.
16. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission view the project and take
public testimony.
ZC. No 677 3
PIng.Comm 12/13/03FT
• •
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
17.16.210(A) MIXED USE STRUCTURES
Mixed Use Structures. A mixed use structure, as defined by this title, shall be subject to the
following conditions:
a. 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.
b. 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.
c. If a portion of the structure is intended to be used as a stable or barn, that portion of
the structure shall be used exclusively for the purpose of keeping horses or other
permitted animals.
d. There shall be no sleeping quarters, temporary occupancy or kitchen/cooking
facilities or equipment in any portion of the detached garage or mixed use structure.
e. A loft area may be constructed only over a stable area of the structure, pursuant to this
title and the Building Code.
f. 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.
g. 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.
ZC. No 677 4
Plng.Comm 12/13/03FT
A
DATE:
TO:
FROM:
r •
aiy 0/RAn9
NOVEMBER 18, 2003
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO. ZONING CASE NO. 677
SITE LOCATION: 23 PORTUGUESE BEND ROAD (LOT 88-1-RH)
ZONING AND SIZE: RA-S-2, 2.75 ACRES (GROSS)
APPLICANT: DR. AND MRS. ROGER RIZI
REPRESENTATIVE: DOUGLAS McHATTIE, BOLTON ENGINEERING
PUBLISHED: NOVEMBER 8, 2003
REOUEST
Request for a Conditional Use Permit to convert an existing stable into a mixed use
structure (stable and office), and request for a Variance to permit the structure to
encroach into the front yard setback at an existing single family residence.
BACKGROUND
1. The applicants request a Conditional Use Permit to convert an existing 1,210
square foot stable into a mixed use, which would include a stable and an office on the
first story and a storage room with a bathroom on the second story, and a Variance to
allow the structure to remain in the front yard setback. The property is accessed from
Talley Hand Road. The applicants started the conversion a few months ago, but ceased
all construction pending Planning Commission decision.
2. In November 2001, the Planning Commission approved the construction of a
new 5,200 square foot residence to replacean existing residence, with 600 square foot
garage, and a 480 square foot indoor pool. The existing house measuring 3,348 square
feet with a 625 square foot garage will be demolished. The applicants are in their final
stages of County review to obtain grading permits for the new residence.
3. The existing 1,210 square foot stable with access is located in the front yard
setback. This stable was constructed in 1950. As the location in the setback is a pre-
existing condition, no Variance from front yard setback encroachment was required for
the previous proposal. However, due to the proposed change in use, a Variance for
encroachment is required.
4. Records show that a building permit was issued in 1950 for a new two stories
stable. Neither the City nor the Rolling Hills Community Association (RHCA) have the
ZC NO. 667
Plng.Comm. 11 / 18/03 1
@Printed on R:c:y:Ir d f�apr,r
original elevation or floor plans for the stable. The applicants stated that they may have
old plans and will submit them at tonight's meeting.
5. Prior to 1969 there were no provisions in the Zoning Code relating to number of
stories for stables. In June of 1969, the Zoning Code was amended to allow lofts above
stables, without glazed openings. The RHCA at the same time amended their code,
adding a requirement that lofts above a stable be permitted without glazed openings
and requiring that the hayloft plate heights not exceed 7'6", whereas the stable could be
8'6" high. According to the applicant, there were windows in the loft area of the original
stable.
6. Pursuant to Section 17.16.080 Height Limitation, of the Zoning Ordinance "a
building shall have no more than one story, meaning no interior habitable space shall
exist over other habitable space. For the purpose of this section, interior habitable space
includes lofts, mezzanines and storage areas." Paragraph 2 of this Section states that
barns or stables may have a loft without glazed openings (windows) and that the loft be
limited in use to storage of feed, tack and stable equipment. Section 17.12.080 defines
Habitable Space, Interior, as follows " an area within a building, fully enclosed by walls,
windows, doors, a roof or ceiling, and floors, which provides living, eating and/or
sleeping quarters. Interior habitable space includes lofts, mezzanines and storage
areas". Further, Section 17.16.210A6e, Mixed Use Structures, states that if a mixed use
structure includes a stable, a loft area may be constructed only over a stable portion of
the mixed use structure.
7. Based on the provisions of the Zoning Ordinance, as enumerated above, and
consultation with the Assistant City Attorney, it's been determined that the second
story of this stable may not be converted to a use other than its originally intended use
as a loft/tack room. Therefore, should the Commission approve the mixed use structure
(stable and office) for the bottom level, a condition should be imposed that the second
level be converted back to a loft. Since lofts currently and in the past were permitted to
have staircases, the stairs constructed by the applicant could remain.
8. No grading is proposed for this project.
9. The property is zoned RAS-2, and the gross lot area is 2.75 acres. The net lot area
is 105,280 square feet. An 880 square foot water tank is located to the west of the
proposed residence The three building pads measure 26,984 square feet, which include
a 3,240 square foot pad where the water tank is located. That portion of the barn pad,
which is located in the required setbacks, is not counted towards buildable pad area.
10. The structural net lot coverage, as approved in 2001, is 8,466 square feet or 8.0%,
which includes the proposed residence, garage, pool, service yard, stable and the water
tank, (20% permitted); and the total lot coverage including the structures and paved
areas is 22,281 square feet or 21.2%, (35% permitted).
11. Building pad coverage on the 22,880 square foot residential building pad is
proposed at 6,376 square feet or 27.9 %. Building pad coverage on the 3,240 square foot
water tank pad is 880 square feet or 27.2%. The stable pad, most of which is located
outside the setbacks has a coverage of 100%, as the area outside the setback is not
ZC NO. 667
Plng.Comm. 11/18/03 2
•
included in the calculations. The three pads, (including the barn pad, inside the
setback), total 26,984 square feet and will have 31.4% structural pad coverage.
12. Disturbed area of the lot will be 39.5%, (40(Yo permitted) of the net lot area.
Disturbance includes any remedial grading (temporary disturbance), any graded slopes
and building pad areas, and any nongraded area where impervious surfaces will
remain or are proposed to be added.
13. Utilities to the mixed -use structure will be placed underground.
14.
date.
The Rolling Hills Community Association will review this project at a later
15. ' The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review the request and take
public testimony.
ZC NO. 667
Plng.Comm. 11/18/03 3
r
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA.
COUNTY OF LOS ANGELES,
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principle clerk
of the printer of the
Palos Verdes Peninsula News
a newspaper of general circulation, printed and
published semi-weeklv
In the City of Rancho Palos Verdes
County of Los Angeles, and which newspaper has
been adjudged a newspaper of general circulation
by the Superior Court of the County of Los
Angeles, State of California, under the
date of October 15,1963
Case Number C 824957 : that the
notice, of which the annexed is a printed copy (set
in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
November 8,
in the year 2003.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Rancho Palos Verdes
California, this 8th day of November 2003.
t
Signature
This space is for the County Clerk' s Filing Stamp
E
NOVJFAMI-1W4
1 3 2003
CITY OF ROLLING HILLS
Proof of Publication of
PVPN# 7320
NtWS No. 7320
NOTICE OF PUBLIC HEARING BEFORE THE
PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the Planning
Commission of the City of Rolling Hills will hold a Public
Hearing at .7:30 PM on Tuesday, November 18, 2003 in
the Council Chambers of City Hall, 2 Portuguese Bend
Road, Rolling Hills, CA for the purpose of receiving pub-
lic input regarding the following:
ZONING CASE NO. 677. Request for a Conditional
Use Permit to convert an existing stable into a mixed use
structure (stable and office/recreation room), and request
for a Variance to encroach with the structure into the front
yard setback at an existing single family residence at 23
)ortuguese Bend Road (Lot 88-1-RH) Rolling Hills, CA.
i APPLICATION REQUIRED BY MUNICIPAL CODE:
Conditional Use Permit - Chapter 1.7.42 and Variances -
Chapter 17.38.
This project has been determined to be categorically
exempt pursuant to the California Environmental Quality
Act (CEQA).
Any person is welcome to review the subject applica-
tion and plans prior to the public hearing at the City Hall
Administration BJilding located at 2 Portuguese Bend
Road, Rolling Hills, and CA.
j If you challenge the approval or denial of this permit
application in court, you may be limited to raising only
those issues you or someone else raised at the public
hearing described in this notice, or in written correspon-
dence delivered to the Planning Commission at, or prior
to, the public hearing.
!Published in the Palos Verdes Peninsula News on
! Nnvamhar 8 2001
MEMORANDUM TO FILE:
OCTOBER 17, 2003
ZONING CASE NO. 677
23 PORTUGUESE BEND ROAD
DR. AND MRS. ROGER RIZI
ENVIRONMENTAL REVIEW FEE WAS NOT COLLECTED FOR THIS PROJECT
BECAUSE THE PROPOSED PROJECT CONSISTS OF AN EXISTING STRUCTURE
WHICH IS PROPOSED TO BE CONVERTED TO A MIXED USE, STABLE AND
RECREATION ROOM, AND WAS REVIEWED AS PART OF ZONING CASE NO.
639, A REQUEST FOR A NEW SINGLE FAMILY RESIDENCE, WHERE THE
STABLE STRUCTURE WAS TO REMAIN.