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794, Convert existing stable into a, Staff ReportsINCORPORATED JANUARY 24, 1957, NO. 2 PORTUGUESE BEND.ROAD ROLLING-HILLS,.CA' 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 4B Mtg. Date: 11-22-10 DATE: NOVEMBER 22, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION NO. 2010-27. 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 ALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). RECOMMENDATION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. REQUEST AND PLANNING COMMISSION ACTION . 2. Request for a Conditional Use Permit .to retain an as built 405 square foot guest house, which was converted from a stable structure and request for Variances to retain the guest house and a detached covered patio in the front yard area and 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 at 2960 Palos Verdes Drive North. ZC NO. 794 2960 PV DR. N 3. The Planning Commission unanimously adopted the attached Resolution granting the request. The resolution contains standard finding of fact and conditions • That any future development on the . property -be reviewed by the Planning Commission • That the area within 50-feet of the guest house be landscaped = • That revised plans be submitted to depict the future stable and corral area and to eliminate from the plans the originally proposed area for the future stable, corral and access • That all zoning and building codes for the "as built" guest house and the covered • porch be complied ' with and that building permits be obtained for these structures When approving this project, the Planning Commission: found that the project is insignificant in size and that: it wouldnot make the property overbuilt. The existing structure used as a guesthouse would observe the spirit and intentof the General Plan and the Zoning Ordinance, because there is an adequate area elsewhere on the lot that could be developed as a stable and corral. Further, they found that the structure is pre- existing and is moderately sized (405 square feet) in comparison to other guest homes in the City and the maximum size (800 sq.. ft) allowed in the City. BACKGROUND 4. The property is currently developed with a 4,692 square foot residence, 1,040 square foot garage, 608 square feet of porches, 171 square foot solid roof porch,- 160 square foot covered patio, 787 square foot swimming pool, service . yard and- pool equipment area, and the 405 square foot guest house. 5. Records indicate that 4,145 square foot residence with attached garage and the, swimming pool were constructed in 1962. An 800 square foot addition was constructed in 1981. In 1997 the swimming pool was repaired. In 1977, building permits were issued for a 1,017 sq.ft. stable in the rear of the property. The permits expired and the stable was not constructed. There are also permits on file for several walls. There are no records on file fora stable or guest house in its current location. In speaking with the previous property owners, they constructed a stable in the 1980's and after several years converted the stable to recreation room / guest house for their children. Since then the property sold. 6. The guest house and acovered 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. MUNICIPAL CODE COMPLIANCE 7. Guest houses are permitted in the City, providing a Conditional Use Permit. is obtained. The following is permitted for a guest house: a. All guest or servant quarters must be developed on the same recorded lot as the main house. b. The building housing the quarters s11 not contain more than eight hundred square ZC NO.794 2960 PV DR. N. feet of net floor area. c: No kitchen or other cooking facilities shall be provided within guest or servant quarters.*. d. Guest house shall not be located in the front yard or any setback. 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 plansubmitted 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. . It is also a requirement that a stable be no less than 35-feet from a "habitable" space, which includes guest homes. The proposed future stable pad area would meet that requirement. 8. No grading is proposed. No grading would be required for a future stable and. corral. 9. There are two building pads on the property. The residential building pad (not in setbacks) is 24,560 square feet. The buildingcoverage on this pad is 28.4% or 6,973 square feet, excluding portion of the covered porchand will not change. The guest house pad is 4,480 square feet and with the future stable (450 sq.ft.) would . have coverage of 22.9%. 10. The structural lot coverage is proposed at 8,297 square feet or 8.2% of the 101,178 square foot net lot area, (20% permitted); and the total lot coverage including the structures and paved areas is proposed to be 25,577 square feet or 25.2%, (35% permitted). 11. 42,840 square feet or 42.3% of the lot is disturbed, including the driveway (40% permitted). The previously disturbed area of 42.3% is considered legal non -conforming as the requirement of 40% maximum disturbed area became effective in 1995. . CONCLUSION 12. The Planning Commission considered whether the proposed project meets the criteria fora Conditional Use Permit and Variances and found that with conditions the project would meet the criteria and the structure would be safer for its users. ZC NO. 794 2960 PV DR. N. 13. Guest house is a use thatrequiresa conditional use permit. In 'reviewing a CUP the Planning Commission found that the use is consistent with the; General Plan arid development standards of the City, including provision for. open space and maintaining rural environment and that the use will not adverselyaffect adjacent properties. 14. The applicant is required to meet all of the conditions . of the permitted uses/ construction within the guest house as specified in the Zoning Ordinance and obtain building and other appropriate permits for the guest house and covered patio. 15. The applicant's representative states that the location of the future stable is practical andhas an easy access, and was suggested by- the Planning Commission. The guest house is pre-existing and is small in comparison. to other guest homes in the City (405 sq.ft.). He further states that the house. is set back from the front and there isn't much area behind the house to construct any structure. 16. The lot contains an area for a future stable, corral and -access. However it requires a Variance. OTHER AGENCIES APPROVAL 17. Rolling Hills Community Association will review this project at a later date. 18. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). ZC NO. 794 2960 PV DR. N. SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from side property line Rear: 50 ft. from rear property line STRUCTURES . (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period; for grading and for new II .. EXISTING SINGLE FAMILY RESIDENCE AND ACCESSORY. STRUCTURES Residence Garage - Covered porch Stable Service yard Pool structure). Pool eqpm. Det. Cov. porch Guest house Covered patio TOTAL STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE 128:4% (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% maximum -guideline) Guest House/Stable ' 11.8% GRADING N/A Site Plan Review required if excavation . and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced ' on site. DISTURBED AREA Pre-existing 42.3% (40% maximum; any graded building pad ' area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. N/A & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO. 794 2960 PV DR. N. .7.9 % II 4692 sq.ft. 1040 sq.ft 608 sq.ft. 0 96 sq.ft .` 787 sq.ft 48 sq.ft. 171 sq.ft. 405 sq.ft. 160 sq.ft. 8,007sq.ft. I 28.4% of 24,560 sq.ft. building pad N/A Existing drivewayapproach from Palos Verdes Dr. N. N/A N/A PROPOSED LAGALIZE GUEST HOUSE Residence Garage Covered porch Stable Service yard Pool Pool eqpm. bet. Coy. porch_ Guest house 4692 sq.ft. 1040 sq.ft 608 sq.ft. 450 sq.ft. 96 sq.ft 787sq.ft 48 sq.ft. 171 sq.ft. 405 sq.ft. Covered patio 160 sq.ft. TOTAL 8,457 sq.ft 8.4% of 101,178 sq. ft. net lot area 8.2% w/out part of porch 28.4% of 101,178 sq.ft. net lot area 28.4% of 24,560 sq.ft. building pad (future) 22.9% of 4480 sq.ft. pad None . Pre-existing 42.3% FUTURE Future from existing driveway Existing driveway approach from Palos Verdes Dr. N. Planning Commission condition. I Planning Commission condition CRITERIA 'FOR _APPROVAL OF CONDITIONAL USE PERMIT:' 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit. application, may impose conditions as are reasonably necessary 'to ensure the project is consistent with the General Plan, compatible. with surrounding land use, and meets the provisions and intent. of this title. In making such a determination, the hearingbody shall find that the proposed use is in general accord'with the following principles and standards:' A. That the proposed conditional use is consistent with the General Plan; B. _ That the nature, condition and development of adjacent. uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; . C. That the site for the proposedconditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; - E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan"relating to siting and siting criteria for. hazardous waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: ' A. That there are exceptional or extraordinary circumstances or conditions' applicable to the, property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by' other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; .. D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general, plan of the City of. Rolling Hills. ZC NO. 794 2960 PV DR. N. RESOLUTION NO. 2010-27 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 structuresmay 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 astable 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 not require any grading, thus no variance. Reso. 2010-27 ZC 794 However, thelocation 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 arid 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 membersof 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 environmental 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 undercertain 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 structureshave 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 interiorand 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 lJ 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 frommaking 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 arun-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 padand residence are Reso. 2010-27 ZC 794 3 0 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 byother 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 surroundingstructures 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 guesthouse and 171 'square foot solid roof porch in the front yard area with set aside area fora 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 A. The Conditional Use Permit and Variance approvalsshall 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 beenprovided, and if requested, has been held, and thereafter the applicant fails to correct theviolation 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 zonein which thesubject., 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 verificationthat 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 subjectto the following requirements, per Section 17.16.210(5) of the Zoning Ordinance: a: All guest or servant quarters must bedeveloped 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 li 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 mayremain 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. Perthe 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%, ofthe 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 futurestable pad is 4,480 square feet and will have coverage of 22.9%, if a 450 square foot stable is constructed in the future.,_ Reso. 2010-27 ZC 794 There shall be no grading for this project. 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 thepreviously 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 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. . • JILi/V: SMITH, CHAIRPERSON HEIDI LUCE, DEPUTY CITY CLERK. Reso. 2010-27. ZC 794 • 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). 7. was approved and adopted at regular _meeting of the Planning Commission on November 16, 2010 by the following roll call vote: AYES: Commissioners Cheif, 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 r 4oee4'z9ie€4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date 11/20/12 Agenda Item: 6A TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: REQUEST FOR TIME EXTENSION IN ZONING CASE NO. 794 BACKGROUND Attached is a request from Dr. and Mrs. Starinieri, property owners of 2960 Palos Verdes Drive North, requesting two-year time extension to commence modifications to an "as built" guest house. The request was for a CUP to repair and bring a structure that was originally constructed as a stable but converted to a guest house without permission or permits to building code standards, and a Variance to set aside an area for a future stable and corral in the front yard of the lot. This request was approved by Resolution No. 2010-27 in November 2010. One of the conditions of approval requires that the project conversion commence within two years from the effective date of the resolution. Pursuant to Section 17.38.070 of the Zoning Ordinance, the Planning Commission may extend the approval for up to a maximum of two years. In their request Dr. and Mrs. Starinieri state that no work can be done at this time due to pending court action against the previous property owners regarding the structure. RECOMMENDATION 'It is recommended that the Planning Commission consider the request and adopt Resolution No. 2012-24 granting the request to extend the time to commence the project. The resolution specifies 24-months extension. • • Giancarlo & Gail Starinieri 2960 Palos Verdes Dr. N Rolling Hills, CA 90274 10/25/12 Dear Planning Committee; This letter is to request a two (2) year time extention to commence work on my project at 2960 P.V. Dr. N to legalize the pre-existing guesthouse. The reason for this request is that we currently cannot make any changes due to pending legal action against the previous owner, who advertized our property as having a guesthouse. Respectfully, Dr. & Mrs. Starinieri RESOLUTION 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. JEFF PIEPER, CHAIRMAN ATTEST: 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE DEPUTY CITY CLERK eerey Wee, qieed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date:11-16-10 Agenda Item: 6B TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 794 2960 PALOS VERDES DRIVE NORTH (LOT 1-B-RH) RA-S-1, 2.67 ACRES DR. GIANCARLO STARINIERI DOUGLAS MCHATTIE, BOLTON ENGINEERING OCTOBER 7, 2010 NOVEMBER 4, 2010 REOUEST AND RECOMMENDATION Request for a Conditional Use Permit to retain an as built 405 square foot guest house, which was converted from a stable structure and request for Variances to retain the guest house and a detached covered patio in the front yard area and 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 at 2960 Palos Verdes Drive North. It is recommended that the Planning Commission review the staff report and consider adopting a Resolution of approval for this project, which is attached. BACKGROUND 1. The Planning Commission visited the property on October 19, 2010. During the field trip the Commissioners agreed that the proposed location for the future stable and corral was not desirable due to impractical access and the large amount of grading that would be required if the stable and corral were to be constructed in the future. After viewing other areas of the property and discussion, it was suggested that a set aside for the future stable and corral be on the same building pad as where the guest house is located. This area is in the front yard of the lot and requires a Variance. ZC NO.794 2960 PV DR. N • • 3. The Variance portion of the application to set aside an area for a future stable and corral in the front yard of the lot was property noticed. 4. At the regular meeting of the Planning Commission on October 19, the Commission directed staff to prepare a Resolution of Approval, subject to providing proper notifications, with standard findings of facts and conditions: • That any future development on the property be reviewed by the Planning Commission • That the area within 50-feet of the guest house be landscaped • That revised plans be submitted to depict the future stable and corral area and to eliminate from the plans the originally proposed area for the future stable, corral and access • That all zoning and building codes for the "as built" guest house and the covered porch be complied with and that a building permit be obtained for these structures 5. The applicant requests to retain the 405 square foot guest house and to set aside an area in the front of the lot for a future stable and corral. Variances are required to retain the converted stable and covered patio in the front yard and for the set aside area. 6. The property is currently developed with a 4,692 square foot residence, 1,040 square foot garage, 608 square feet of porches, 171 square foot solid roof porch, 160 square foot covered patio, 787 square foot swimming pool, service yard and pool equipment area, and the 405 square foot guest house. 7. Records indicate that 4,145 square foot residence with attached garage and the swimming pool were constructed in 1962. An 800 square foot addition was constructed in 1981. In 1997 the swimming pool was repaired. In 1977 building permits were issued for a 1,017 sq.ft. stable in the rear of the property. The permits expired and the stable was not constructed. There are also permits on file for several walls. There are no records on file for a stable or guest house in its current location. In speaking with the previous property owners, they constructed a stable in the late 1980's and after several years converted the stable to recreation room/guest house for their children. Since then the property sold. 8. 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. MUNICIPAL CODE COMPLIANCE 9. Guest houses are permitted in the City, providing a Conditional Use Permit is obtained. The following is permitted for a guest house: 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 ZC NO. 794 2960 PV DR. N. feet of net floor area. c. No kitchen or other cooking facilities shall be provided within guest or servant quarters.* d. Guest house shall not be located in the front yard or any setback. 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. It is also a requirement that a stable be no less than 35-feet from a "habitable" space, which includes guest homes. The proposed future stable pad area would meet that requirement. 10. No grading is proposed. 11. There are two building pads on the property. The residential building pad (not in setbacks) is 24,560 square feet. The building coverage on this pad is 28.4% or 6,973 square feet, excluding portion of the covered porch and will not change. The guest house pad is 4,480 square feet and with the future stable (450 sq.ft.) would have coverage of 22.9%. 12. The structural lot coverage is proposed at 8,297 square feet or 8.2% of the 101,178 square foot net lot area, (20% permitted); and the total lot coverage including the structures and paved areas is proposed to be 25,577 square feet or 25.2%, (35% permitted). 13. 42,840 square feet or 42.3% of the lot is disturbed, including the driveway (40% permitted). The previously disturbed area of 42.3% is considered legal non -conforming as the requirement of 40% maximum disturbed area became effective in 1995. CONCLUSION 14. When reviewing a development application the Planning Commission should consider whether the proposed project meets the criteria for a Conditional Use Permit and Variances. ZC NO. 794 2960 PV DR. N. • 15. Guest house is a use that requires a conditional use permit. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 16. Should this request be approved, the applicant would have to meet all of the conditions of the permitted uses / construction within the guest house as specified in the Zoning Ordinance and obtain building and other appropriate permits for the guest house and covered patio. 17. The applicant's representative states that the location of the future stable is practical and has an easy access, and was suggested by the Planning Commission. The guest house is pre-existing and is small in comparison to other guest homes in the City (405 sq.ft.). He further states that the house is set back from the front and there isn't much area behind the house to construct any structure. 18. The lot contains an area for a future stable, corral and access. However it requires a Variance. OTHER AGENCIES APPROVAL 19. Rolling Hills Community Association will review this project at a later date. 20. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). ZC NO. 794 2960 PV DR. N. Zoning Case No. 794 SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from side property line Rear: 50 ft. from rear property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period; for grading and for new structure). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% maximum -guideline) Guest House/Stable GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO. 794 2960 PV DR. N. EXISTING PROPOSED SINGLE FAMILY RESIDENCE AND LAGALIZE GUEST HOUSE ACCESSORY STRUCTURES Residence Garage Covered porch Stable Service yard Pool Pool eqpm. Det. Coy. porch Guest house Covered patio TOTAL 7.9 % 28.4% 4692 sq.ft. 1040 sq.ft 608 sq.ft. 0 96 sq.ft 787 sq.ft 48 sq.ft. 171 sq.ft. 405 sq.ft. 160 sq.ft. 8,007sq.ft. 28.4% of 24,560 sq.ft. building pad Residence Garage Covered porch Stable Service yard Pool Pool eqpm. Det. Coy. porch Guest house Covered patio TOTAL 4692 sq.ft. 1040 sq.ft 608 sq.ft. 450 sq.ft. 96 sq.ft 787sq.ft 48 sq.ft. 171 sq.ft. 405 sq.ft. 160 sq.ft. 8,457 sq.ft 8.4% of 101,178 sq. ft. net lot area 8.2% w/out part of porch 28.4% of 101,178 sq.ft. net lot area 28.4% of 24,560 sq.ft. building pad 11.8% (future) 22.9% of 4480 sq.ft. pad N/A Pre-existing 42.3% N/A N/A Existing driveway approach from Palos Verdes Dr. N. N/A N/A None Pre-existing 42.3% FUTURE Future from existing driveway Existing driveway approach from Palos Verdes Dr. N. Planning Commission condition Planning Commission condition CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 794 2960 PV DR. N. • • RESOLUTION NO. 2010-27 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 not require any grading, thus no variance. Reso. 2010-27 ZC 794 1 T- • • 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 environmental 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 • • 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 • • 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 QJ • • 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 j� • • 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 • • 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 • • 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. JILL V. SMITH, CHAIRPERSON ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso. 2010-27 ZC 794 ray • • 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: NOES: ABSENT: ABSTAIN: 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 eav Wee" qead INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date: 10-19-10 Agenda Item No. 6B TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 794 2960 PALOS VERDES DRIVE NORTH (LOT 1-B-RH) RA-S-1, 2.67 ACRES DR. GIANCARLO STARINIERI DOUGLAS MCHATTIE, BOLTON ENGINEERING OCTOBER 7, 2010 REQUEST AND RECOMMENDATION Request for a Conditional Use Permit to retain an as built 405. square foot guest house, which was converted from a stable structure and to set aside an area for a future stable and corral in the rear of the lot, and request for Variances to retain the guest house and covered patio in the front yard area and to exceed the maximum permitted disturbance on the lot, if a stable is constructed in the future, on a property developed with a single family residence at 2960 Palos Verdes Drive North. It is recommended that the Planning Commission review the staff report, continue the public hearing, take public testimony and provide direction to staff. BACKGROUND 1. The Planning Commission visited the property in the morning of October 19, 2010. The property is located on Palos Verdes Drive North and is zoned RAS-1. The gross lot area is 2.68 acres (excluding the roadway easement). The net lot area for construction purposes is 2.32 acres or 101,178 square feet. 2. The applicant requests to retain the 405 square foot guest house and to set aside an area in the rear of the lot for a future stable and corral. Variances are required to ZC NO. 794 1 2960 PV DR. N • • retain the converted stable and covered patio in the front yard and for exceeding the disturbed net lot area with the construction of a future stable. 3. The property is currently developed with a 4,692 square foot residence, 1,040 square foot garage, 608 square feet of porches, 171 square foot shed, 160 square foot covered patio, 787 square foot swimming pool, service yard and pool equipment area, and the 405 square foot guest house. 4. Records indicate that 4,145 square foot residence with attached garage and the swimming pool were constructed in 1962. An 800 square foot addition was constructed in 1981. In 1997 the swimming pool was repaired. In 1977 building permits were issued for a 1,017 sq.ft. stable in the location where the future stable is proposed. The permits expired and the stable was not constructed. There are also permits on file for several walls on the property. There are no records on file for a stable or guest house in its current location. In speaking with the previous property owners, they constructed a stable in the late 1980's and after several years converted the stable to recreation room/guest house for their children. Since then the property sold. 5. 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. 6. The applicant is proposing to set aside an area for a future stable in the rear of the property. Grading would be necessary to construct the stable and corral. Grading for the stable would trigger exceedance in the currently disturbed area of 42.3%, which is considered legal non -conforming. The additional future disturbance triggers the requirement for a Variance. To create a 3,200 square foot building pad for construction of the future stable and corral it would require 1,052 cubic yards of cut and 1037 cubic yards of fill, with allowance for shrinkage, at maximum 15'depth. That would bring the disturbed net lot area to 50.1%. If a smaller pad were to be created, the disturbance would be less. MUNICIPAL CODE COMPLIANCE 7. Guest houses are permitted in the City, providing a Conditional Use Permit is obtained. The following is permitted for a guest house: 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.* d. Guest house shall not be located in the front yard or any setback. 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. ZC NO. 794 -2- 2960 PV DR. N. C-22.. • • 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. It is also a requirement that a stable be no less than 35-feet from a "habitable" space, which includes guest homes. The proposed future stable pad area is 50 feet to the rear of the residence. 8. Grading for the future stable to create the 3,200 square foot building pad would cause the disturbed net lot area to exceed the current non -conforming percentage. However, if a stable is proposed in the future, a smaller building pad could be approved, which would require less grading. 9. There are two building pads on the property. The residential building pad (not in setbacks) is 24,560 square feet. The building coverage on this pad is 28.4% or 6,973 square feet, excluding portion of the covered porch. The guest house pad is 4,480 square feet and has coverage of 9.0%, not counting the covered patio. The proposed stable pad is 3,200 sq.ft. If a 450 square foot stable were constructed in the future, the coverage would be 14.0%. 10. The structural lot coverage is proposed at 8,297 square feet or 8.2% of the 101,178 square foot net lot area, (20% permitted); and the total lot coverage including the structures and paved areas is proposed to be 25,577 square feet or 25.2%, (35% permitted). 12. 42,840 square feet or 42.3% of the lot is disturbed, including the access road (40% permitted). With the proposed stable pad the disturbed area would increase to 50,720 square feet or 50.1%, which requires a Variance. The previously disturbed area of 42.3% is considered legal non -conforming as the requirement of 40% maximum disturbed area became effective in 1995. According to the prior owners, the level area existed when they built the stable in the late 1980's. CONCLUSION 13. When reviewing a development application the Planning Commission should consider whether the proposed project meets the criteria for a Conditional Use Permit and Variances. ZC NO. 794 2960 PV DR. N. • • 14. Guest house is a use that requires a conditional use permit. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 15. Should this request be approved, the applicant would have to meet all of the conditions of the permitted uses/ construction within the guest house as specified in the Zoning Ordinance and obtain building and other appropriate permits for the guest house, shed and the covered patio. 16. The applicant's representative states that the location of the future stable is both legal and practical and a stable was previously approved in the same area. The guest house is pre-existing and is small in comparison to other guest homes in the City (405 sq.ft.). He further states that the house is set back from the front and there isn't much area behind the house to construct any structure. 17. The lot contains an area for a future stable, corral and access. However grading would be required if a stable and corral were constructed in the future. OTHER AGENCIES APPROVAL 18. Rolling Hills Community Association will review this project at a later date. 19. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). ZC NO. 794 2960 PV DR. N. • • Zoning Case No. 794 SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from side property line Rear: 50 ft. from rear property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period; for grading and for new structure). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% maximum -guideline) STABLE Guest House GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO. 794 2960 PV DR. N. II EXISTING II PROPOSED SINGLE FAMILY RESIDENCE AND LAGALIZE GUEST HOUSE ACCESSORY STRUCTURES Residence Garage Covered porch Stable Service yard Pool Pool eqpm. Shed Guest house Covered patio I TOTAL 7.9 % 128.4% 4692 sq.ft. Residence 1040 sq.ft Garage 608 sq.ft. Covered porch 0 Stable 96 sq.ft Service yard 787 sq.ft Pool 48 sq.ft. Pool eqpm. 171 sq.ft. Shed 405 sq.ft. Guest house 160 sq.ft. Covered patio 8,007sq.ft. I TOTAL 28.4% of 24,560 sq.ft. building pad 4692 sq.ft. 1040 sq.ft 608 sq.ft. 450 sq.ft. 96 sq.ft 787sq.ft 48 sq.ft. 171 sq.ft. 405 sq.ft. 160 sq.ft. 8,457 sq.ft 1 8.4% of 101,178 sq. ft. net lot area 8.2% w/out part of porch 28.4% of 101,178 sq.ft. net lot area 28.4% of 24,560 sq.ft. building pad N/A 14.0% of 3,200 sq.ft. pad (future) 9.0% 9.0% of 4480 sq.ft. pad N/A FUTURE, if stable pad is graded and stable constructed 1052 c.y. .cut; 1037 c.y. fill 42.3% N/A N/A Existing driveway approach from Palos Verdes Dr. N. N/A I N/A -5(3 - With future stable pad 50.1% FUTURE Future Existing driveway approach from Palos Verdes Dr. N. I Planning Commission review I Planning Commission review • • CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 794 2960 PV DR. N. -6-