794, Convert existing stable into a, Resolutions & Approval ConditionsRESOLUTION NO. 2012-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO
A PREVIOSULY APPROVED PROJECT FOR A CONDITIONAL
USE PERMIT AND A VARIANCE IN ZONING CASE NO. 794, AT
2960 PALOS VERDES DRIVE NORTH, (LOT 1-B-RH),
(STARINIERI).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Dr. and Mrs. Giancarlo
Starinieri with respect to real property located at 2960 Palos Verdes Drive North
requesting two year time extension to comply with the requirements of Resolution
No. 2010-27 to legalize "as built" improvements.
Section 2. The Commission considered this item at a meeting on November
20, 2012 at which time information was presented indicating that additional time is
needed to process and implement the project.
Section 3. Based upon information and evidence submitted, the Planning
Commission grants two year time extension and does hereby amend Paragraph A,
Section 9 of Resolution No. 2010-27, dated November 16, 2010 to read as follows:
A. The Conditional Use Permit and Variance approvals shall expire within
four years from the effective date of approval as defined in Sections 17.38.080
and 17.42.070.
Section 4. Except as herein amended, the provisions and conditions of
Resolution No. 2010-27 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF NOVEMBER 2012.
JEFFirlr, K, MAN
ATTEST;
vi
HEIDI LUCE
DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2012-24 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO
A PREVIOSULY APPROVED PROJECT FOR A CONDITIONAL
USE PERMIT AND A VARIANCE IN ZONING CASE NO. 794, AT
2960 PALOS VERDES DRIVE NORTH, (LOT 1-B-RH),
(STARINIERI).
was approved and adopted at a regular meeting of the Planning Commission on
November 20, 2012 by the following roll call vote:
AYES: Commissioners Chelf, Henke, Mirsch, Smith and Chairman Pieper.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
If I'
HEIDI LUCE
DEPUTY CITY CLERK
RECORDING RESST BY
WHEN RECORDED MAIL TO
'UME C(i Y Ot' KOLi- tn)C1 f-1tLt to
pLP-1,7 Itz) q i pT .
FAILING Z. Po Ro
ADDRESS
Z(TY. STATE g0LL(Ot-t 1.41t_L.5 Ca,,
DP CODE 90274
TITLES)
P 117/2011
*20110150444*
SPACE .".ROVE TH!S UtNE RESERVED FOR RECORDER'S USE
• •
RECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 794
XX CONDITIONAL USE PERMIT XX VARIANCES
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
2960 PALOS VERDES DRIVE NORTH, ROLLING HILLS, CA 90274 (LOT 1-B-RH)
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 794
XX CONDITIONAL USE PERMIT XX VARIANCES
I (We),certify (or d/ clare) under the penalty of perjury that the foregoing is true and correct.
Signature ' Signature
Name typed or printed
6, a0r. 42. t.o 5 7,Q R iA?J L2 1
Name typed or printed
Address Z960 RAZD.SI/;'i' i 72 e, AV• Address
R64c.//+%ry Alf L44 ( .g, 94 27¢
City/State City/State
• •
Signatures must be acknowledged by a notary public.
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2010-25
State of California )
County of Los Angeles )
On l — ZS- / / before me,
)2p c JOY t-M5 "7"-C Ah; /74 tZc) / d LI C-
Personally
appeared C� /AAlf' Q L. v 5 7 e ,4)/n)/6.--/Z
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are
subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in
his/her/their authorized capacity(ies) and that by his/ her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand and official seal.
Signature of Notary
( Seal)
DOUGLAS K. MCHATTIE
Commission # 1833934 z Notary Public-Calitornla
Los Angeles County
My Comm. Expires Feb 25. 2013
RESOLUTION NO. 2010-27
6Yw1'T- i-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN
AN "AS BUILT" GUEST HOUSE AND VARIANCES TO RETAIN THE GUEST
HOUSE AND A SOLID ROOF DETACHED PORCH IN THE FRONT YARD
AREA OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE STABLE
AND CORRAL IN THE FRONT YARD AREA OF THE LOT ON A PROPERTY
DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING CASE NO.
794, AT 2960 PALOS VERDES DRIVE NORTH, (LOT 1-B-RH), (STARINIERI).
THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Dr. and Mrs. Giancarlo Starinieri
with respect to real property located at 2960 Palos Verdes Drive North (Lot 1-B-RH)
requesting a Conditional Use Permit (CUP) to retain a 405 square foot "as built" guest
house on the lot and Variances to retain the guest house and a 171 square foot solid
roof detached porch in the front yard area of the lot and to set aside an area for a future
stable and corral in the front yard area of the lot. No grading would be required for the
future stable and corral in the proposed location.
Section 2. The property is zoned RAS-1 and consists of 2.68 acres gross,
(excluding roadway easement). The net lot area for development purposes is 101,178
square feet or 2.32 acres. The guest house and a covered patio are located in the front
yard of the property. Pursuant to the Zoning Ordinance, no structures may be located
in front of the leading edge of the residence. Therefore the guest house and the covered
patio require approval of a Variance to remain in their current location.
Section 3. In 1977 building permits were issued for a 1,017 sq.ft. stable which
was to be located in the rear of the residence. The permits expired and the stable was
not constructed. There are no records on file for a stable or guest house in its current
location.
Section 4. The applicant originally proposed to set aside an area for a future
stable and corral in the rear of the property, where a stable structure was approved in
1977. Substantial grading would be necessary to construct in this area, which would
trigger exceedance in the maximum permitted disturbance requirement. A Variance for
disturbance was originally requested. During the field trip to the property, the
Planning Commission recommended an alternate location for the set aside area for the
future stable and corral. The alternate area would be located in the front yard area of
the lot, but when constructed would notrequire any grading, thus no variance.
1
Reso. 2010-27
ZC 794
However, the location of the future stable and corral in the front yard area requires a
Variance.
Section 5. The Planning Commission conducted duly noticed public hearings
on the subject application in the field on October 19, 2010 and at a regular meeting on
October 19. The Variance portion of the application for the location of a future stable
and corral was noticed on November 4, 2010 and considered at the November 16, 2010
regular Planning Commission meeting. The applicant and his agent were notified of the
public hearings in writing by first class mail. Evidence was heard and presented from
all persons interested in affecting said proposal and from members of the City staff and
the Planning Commission having reviewed, analyzed and studied said proposal. The
applicant and applicant's representative were in attendance at the hearings.
Section 6. The Planning Commission finds that the project qualifies as a Class
1 Exemption, Existing Facilities, and is therefore categorically exempt from
envirorunental review under the California Environmental Quality Act.
Section 7. Section 17.16.210(A)(5) of the Rolling Hills Municipal Code
permits approval of a guest-house under certain conditions, provided the Planning
Commission approves a Conditional Use Permit. 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 retention of a structure
previously constructed as a stable, and now used as a guest-house would be consistent
with the purposes and objectives of the Zoning Ordinance and General Plan because the
use is consistent with similar uses in the community, meets all the applicable code
development standards for a guest house, as conditioned, and the area being set aside
and proposed for the future stable and corral is located in an area on the property that is
adequately sized to accommodate a 450 square foot barn and 550 square foot adjoining
corral.
B. The nature, condition, and development of adjacent structures have been
considered, and the conversion of a stable to a guest house will not adversely affect or be
materially detrimental to these adjacent uses, buildings, or structures because the
structure is located near outdoor recreational amenities and walkway accessing the
residence. The as built structure's orientation is towards the lot interior and main
residence, as opposed to towards neighbors and its general location is of sufficient
distance from nearby residences so as to not impact the view or privacy of surrounding
neighbors.
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the guest-house complies with the low
profile residential development pattern of the community and is screened from
neighbors view by trees that will be retained.
Reso. 2010-27
ZC 794
2
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 405 square foot size of the guest house is less
than the maximum 800 square feet permitted under the Municipal Code and the guest
house does not encroach into any setback, however it is located in the front of the lot,
which requires a Variance.
E. The proposed conditional use is consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting criteria for
hazardous waste facilities because the project site is not listed on the current State of
California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title 17 of
the Zoning Code because an adequate area is set aside for the construction of a future
stable structure and adjacent corral and the structure is screened from adjacent
properties and is not obtrusive to neighbors. In addition, the illegally constructed
structure will be inspected for building code violations and will be brought to
compliance with the construction codes to protect the health and safety of its users.
Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the
Zoning Ordinance when exceptional or extraordinary circumstances applicable to the
property and not applicable to other similar properties in the same zone prevent the
owner from making use of a parcel of property to the same extent enjoyed by similar
properties in the same vicinity. Section 17.12.250 requires that the front yard area of a
lot be unobstructed and unoccupied by any structure. In order to set aside a 1,000
square foot area for a future stable and corral and in order to retain the solid roofed
porch in the front yard, the applicant is seeking a Variance. With respect to this
request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to this property that justify the request because:
1. The existing residence has been developed towards the rear of the lot.
There is not an adequate area in the rear of the residence to construct a future stable
and corral without major disturbance of the natural terrain behind the residence. In
addition, the equestrian access to the rear would be difficult. Regarding the porch, it
has been constructed previously and used as a run -in -shed for animals. It is of solid
construction and is currently used as shelter for dogs.
2. The lot was graded previously to create a pad for construction in a
manner that the structure was placed towards the rear of the building pad. The
topography of the lot together with the fact that the existing pad and residence are
Reso. 2010-27
ZC 794
3
located in the rear create difficulty in setting aside the area for a future stable and
corral elsewhere on the property.
3. The configuration of the lot and location of the existing residence on the
lot is such that there is not a sufficient area in the rear of the residence to construct a
stable and corral on the existing building pad, which would meet the size and
distance requirement (35 feet from a residential structure). The lot behind the
building pad slopes significantly towards the rear. Such slopes are problematic for
construction of stable and corral.
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 because due to the existing grade, and
the location of the residence, as well as the fact that there is already graded flat area in
the front of the residence, it would be a hardship to located the stable in the rear yard.
The expansive open space in the front yard comfortably supports future stable.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located because a stable, if ever built in the front yard, would .
not affect any neighbor's views and therefore property value and would be screened
from the street, and the area being set aside and proposed for the future stable and
corral is located in an area on the property that is adequately sized to accommodate a
450 square foot barn and 550 square foot adjoining corral.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that it is required by the Zoning Ordinance to set aside an area for
a stable and corral in order to improve the property, in this case the front yard set
aside area is suitable area for a future stable and corral.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the illegally converted structure comply with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures and a set aside area for a future stable and
corral, and will be conditioned to be brought to compliance with building code.
Section 9. Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 794 including a Conditional Use Permit and
Variance to retain previously constructed 405 square foot guest house and 171 square
foot solid roof porch in the front yard area with set aside area for a future 450 square
foot stable and 550 square foot corral also in the front yard area of the lot, subject to the
following conditions:
Reso. 2010-27
ZC 794
4
A. The Conditional Use Permit and Variance approvals shall expire within
two years from the effective date of approval as defined in Sections 17.38.080 and
17.42.070, unless otherwise extended pursuant to the requirements of this section.
B. It is declared and made a condition of this approval that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested,
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in this permit, or shown otherwise on an
approved plan.
D. At the sole expense of the applicant, the guest house and the solid roof
porch shall be inspected by a building official and if found to be deficient of the LA
County Building Code, they shall be modified and/or repaired to meet the L.A. County
Building Code requirements. All required building permits shall be obtained for the
previously conducted work and any required remediation work.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated October 19, 2010 except as otherwise provided in these
conditions. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the approved development plan.
All conditions of the Variance and CUP approvals, herein as applicable, shall be
incorporated into the building permit working drawings.
F. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the Planning Commission and that the plans were approved by the
RHCA Architectural Committee for exterior features.
G. The guest house shall be subject to the following requirements, per
Section 17.16.210(5) of the Zoning Ordinance:
a. All guest or servant quarters must be developed on the same recorded lot as the
main house.
b. The building housing the quarters shall not contain more than eight hundred
square feet of net floor area.
c. No kitchen or other cooking facilities shall be provided within guest or servant
quarters.*
Reso. 2010-27
ZC 794
5
d. Guest house shall not be located in the front yard or any setback, (A variance is
being granted from this requirement).
e. The property shall be developed and maintained in substantial conformance with
the approved site plan on file.
f. No vehicular access or paved parking area shall be developed within fifty feet of
the proposed guest house or servant quarters.
g. Occupancy of the proposed guest house or servant quarters shall be limited to
persons employed on the premises and their immediate family or by the temporary
guests of the occupants of the main residence. No guest may remain in occupancy for
more than thirty days in any six-month period.
h. Renting of guest houses or servant quarters is prohibited.
i. All requirements of this title must be complied with unless otherwise set forth in
the permit or approved plan.
j. A landscaping plan shall be submitted to the City of Rolling Hills Planning
Department staff for approval. The plan submitted must comply with the purpose and
intent of site plan review, as specified in Chapter 17.46 of this title.
* By policy, the City has been allowing "bar like" amenities in a guest house such as: a
hot plate, microwave, sink, dishwasher, under counter refrigerator, shelves and
cabinets. .
H. Per the above requirements, an area within 50-feet of the guest house
shall be landscaped and not used for parking. Prior to issuance of building permits for
the structure remediation and/ or repair, the applicant shall submit a landscaping plan
to the City staff for review and approval. Prior to obtaining a final inspection approval
for the structure, the area shall be landscaped.
I. Structural lot coverage shall not exceed 8,297 square feet or 8.2% of the
net lot area, in conformance with lot coverage limitations (20% maximum).
J. The total lot coverage proposed, including structures and flatwork shall
not exceed 25,577 square feet or 25.2%, of the net lot area, in conformance with lot
coverage limitations (35% max).
K. The disturbed area of the lot is 42,840 square feet or 42.3% of the net lot
area, and would remain.
L. The existing residential building pad is 24,560 square feet and has
coverage of 28.4%. The guest house pad and future stable pad is 4,480 square feet and
will have coverage of 22.9%, if a 450 square foot stable is constructed in the future.
M. There shall be no grading for this project.
Reso. 2010-27
ZC 794
6
N. The property owners shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on
said property.
O. All utility lines to the previously constructed guest house shall be placed
underground.
P. The property owners shall comply with the requirements of the Zoning
Ordinance pertaining to roof covering (RHMC 17.16.190).
Q. The property owners shall comply with the requirements of the Zoning
Ordinance pertaining to Construction and Demolition permit requirement for
diversion of construction/demolition waste, if applicable.
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. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to the property, which would constitute grading
or structural development, shall require the filing of a new application for approval
by the Planning Commission.
T. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby roadway
easements.
U. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) requirements related to solid waste, drainage and
storm water management.
V. The conditions of approval specified herein shall be printed on the
construction plans submitted to the RHCA and buidling department for plan check
and permitting.
W. The applicant shall execute an Affidavit of Acceptance of all conditions
of this permit pursuant to Zoning Ordinance, or the approval shall not be effective.
X. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
Reso. 2010-27
ZC 794
7
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF NOVEMBER 2010.
(f���
JILI/V. SMITH, CHAIRPERSON
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2010-27
ZC 794
8
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2010-27 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN
AN "AS BUILT" GUEST HOUSE AND VARIANCES TO RETAIN THE GUEST
HOUSE AND A SOLID ROOF DETACHED PORCH IN THE FRONT YARD
AREA OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE STABLE
AND CORRAL IN THE FRONT YARD AREA OF THE LOT ON A PROPERTY
DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING CASE NO.
794, AT 2960 PALOS VERDES DRIVE NORTH, (LOT 1-B-RH), (STARINIERI).
THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at regular meeting of the Planning Commission on
November 16, 2010 by the following roll call vote:
AYES: Commissioners Chelf, DeRoy, Henke, Pieper and Chairperson Smith.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2010-27
ZC 794
9
i3
t:—
FEB a 2011
City of Rolling Hills
By