475, Grading for proposed 2-story s, Resolutions & Approval ConditionsRESOLUTION NO. 92-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT AN
ENCROACHMENT INTO THE FRONT YARD TO CONSTRUCT A STABLE
AND CORRAL, AND GRANTING SITE PLAN REVIEW APPROVAL FOR A
PROPOSED NEW STABLE IN ZONING CASE NO. 475.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. Robert Jonas
with respect to real property located at 20 Buggy Whip Drive,
Rolling Hills (Lot 247-6-MS) requesting: (1) Variances to permit
encroachment into the front yard to'construct a stable and corral,
and (2) Site Plan Review for a proposed new stable and corral.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the applications on April 28, 1992, and
May 19, 1992, and at a field trip on May 9, 1992.
Section 3. The Planning Commission finds that the project is
categorically exempt from environmental review under the California
Environmental Quality Act pursuant to a Class 3 exemption provided
by Section 15303 of the State CEQA Guidelines.
Section 4. Sections 17.32.010 through 17.32.030 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. A Variance to Section 17.16.011.H is required because
this section states that corrals or pens may not be located in the
front yard. The applicant is requesting a Variance to encroach up
to 26 feet into the 50 foot front yard setback to construct a 2,645
square foot drive-thru stable with loft area and a 550 square foot
corral. With respect to this request, the Planning Commission
finds as follows:
A. There are exceptional or extraordinary circumstances and
conditions applicable to the property and the intended use that do
not apply generally to the other property in the same vicinity and
zone. The Variance for the stable and corral is necessary because
the topography of the site prevents the construction of a stable
and corral in the rear yard. The proper and logical location for
the stable and corral is below the proposed building pad because of
the topographical nature of the lot. The existing building pad for
the residence is located at the southwest portion of the lot where
the ground is most level and the north and east portions of the lot
are narrow and slope down to a canyon, thereby precluding the
creation of a flat area for a stable and corral in the rear or side
yard. The area proposed for the stable and corral is the only
place available on this property.
RESOLUTION NO. 92-19
PAGE 2
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 the
property in question. The Variance is necessary because the
General Plan encourages and the Zoning Ordinance requires the
delineation of stables and corrals on properties in the City of
Rolling Hills and a stable and corral could not be feasibly located
in the rear or side yards.
C. The granting of the Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity and zone in which the property is
located. The Variance will permit the construction of a stable and
corral which will not impact the street or neighboring properties
because they will be nestled into the hillside and screened. Also,
the building pad for the stable is located off Buggy Whip Drive,
below the road and away from the house. The stable and corral area
will be landscaped and not visible from the street.
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to permit the construction
of a 2,645 square foot drive-thru stable with loft area and a 550
square foot corral in the front yard setback, subject to the
conditions specified in 'Section 11.
Section 6. A Variance to Section 17.28.022 is required
because this section states that required yards shall be maintained
unoccupied and unobstructed from the ground up of any structure.
The applicant is requesting a Variance to encroach up to 26 feet
into the 50 foot front yard setback to construct a 2,645 square
foot drive-thru stable with loft area and a 550 square foot corral.
With respect to this request, the Planning Commission finds as
follows:
A. There are exceptional or extraordinary circumstances and
conditions applicable to the property and the intended use that do
not apply generally to the other property in the same vicinity and
zone. The Variance for the stable and corral is necessary because
the topography of the site prevents the construction of a stable
and corral in the rear yard. The proper and logical location for
the stable and corral is below the proposed building pad because of
the topographical nature of the lot. The existing building pad for
the residence is located at the southwest portion of the lot where
the ground is most level and the north and east portions of the lot
are narrow and slope down to a canyon, thereby precluding the
creation of a flat area for a stable and corral in the rear or side
yard. The area proposed for the stable and corral is the only
place available on this property.
RESOLUTION NO. 92-19
PAGE 3
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 the
property in question. The Variance is necessary because the
General Plan encouragesand the Zoning Ordinance requires the
delineation of stables and corrals on properties in the City of
Rolling Hills and a stable and corral could not be feasibly located
in the rear or side yards.
0
C. The granting of the Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity and zone in which the property is
located. The Variance will permit the construction of a stable and
corral which will not impact the street or neighboring properties
because they will be nestled into the hillside and screened. Also,
the building pad for the stable is located off Buggy Whip Drive,
below the road and away from the house. The stable and corral area
will be landscaped and not visible from the street.
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to permit the construction
of a 2,645 square foot drive-thru stable with loft area and a 550
square foot corral to encroach up to 26 feet into the 50 foot front
yard setback, subject to the conditions specified in Section 11.
Section 8. Section 17.34.010 requires a development plan to
be submitted for site plan review and approval before any building
or structure may be constructed or any expansion, addition,
alteration or repair to existing buildings may be made which
involve changes to grading or an increase to the size of the
building .or structure by more than twenty-five percent (25%) in any
thirty-six month period.
Section 9. With respect, to the Site Plan Review application,
the Planning Commission makes the following findings of fact:
A. The proposed development is compatible with the General
Plan, the Zoning Ordinance and surrounding uses because the
proposed structure complies with the General Plan requirement of
low profile, low density residential development with sufficient
open space between surrounding structures. The project conforms to
Zoning Code setback and lot coverage requirements. The lot has a
net square foot area of 96,703 square feet. The existing residence
(4,147 sq.ft.), garage (660 sq.ft.), swimming pool (578 sq.ft.),
proposed stable (2,645 sq.ft.), and service yard (96 sq.ft.) will
have 8,126 square feet which constitutes 8.4% of the lot which is
within the maximum 20o structural lot coverage requirement. The
total lot coverage including paved areas and driveway will be
11,682 square feet which equals 12.1% of the lot, which is within
the 35% maximum overall lot coverage requirement. The proposed
RESOLUTION NO. 92-19
PAGE 4
project is on a relatively large lot with most of the proposed
structures located away from the road. The stable and corral will
be screened by landscaping so as to reduce the visual impact of the
development. The pad is similar in size to several neighboring
developments.
B. The proposed development preserves and integrates into the
site design, to the maximum extent feasible, existing natural
topographic features of the lot including surrounding native
vegetation, mature trees, drainage courses, and land forms (such as
hillsides and knolls) because grading will only be done to provide
approved drainage that will flow away from the proposed stable and
existing neighboring residences.
C. The development plan follows natural contours of the site
to minimize grading and the natural drainage courses will continue
to the canyons at the north and east of this lot.
D. The development plan incorporates existing large trees and
native vegetation to the maximum extent feasible and, with the
conditions attached to this approval, supplements it with
landscaping that is compatible with and enhances the rural
character of the community.
E. The development plan substantially preserves the natural
and undeveloped state of the lot by minimizing building coverage
because the stable and corral will not cause the structural and
total lot coverage to be exceeded. Further, the residential
buildable pad coverage on this lot will be 29.8%. Significant
portions of the lot will be left undeveloped at the north and east
property lines providing scenic vistas across the northeasterly
portions of the property.
F. The proposed development is harmonious in scale and mass
with the site, the natural terrain and surrounding residences. As
indicated in Paragraph A, the lot coverage maximum will not be
exceeded and the proposed project is consistent with the scale of
the neighborhood. Minimum grading shall be permitted only for the
stable and corral and to restore the natural slope of the property.
The ratio of the proposed structures to lot coverage is similar to
the ratio found on several properties in the vicinity.
G. The proposed development is sensitive and not detrimental
to convenience and safety of circulation for pedestrians and
vehicles because the proposed project will utilize the existing
trail access from Buggy Whip Drive, thereby having no further
impact on the roadway.
H. The project conforms with the requirements of the
California Environmental Quality Act and is categorically exempt
from environmental review.
RESOLUTION NO. 92-19
PAGE 5
Section 10. Based upon the foregoing findings, the Planning
Commission hereby approves the Site Plan Review application for
Zoning Case No. 475 for a proposed drive-thru stable with loft area
and corral development as indicated on the development plan
incorporated herein as Exhibit A and subject to the conditions
contained in Section 9.
Section 11. The Variance to permit the construction of a
stable and corral, that will encroach into the front yard approved
in Section 5 and 7, and the Site Plan Review for stable and corral
development approved in Section 10 are subject to the following
conditions:
A. The Variance shall expire unless used within one year from
the effective date of approval as defined in Section 17.32.110 of
the Municipal Code. The Site Plan Review approval shall expire
within one year from the effective date of approval as defined in
Section 17.34.080.A.
B. It is declared and made a condition of the Variance and
the Site Plan Review approval, that if any conditions thereof are
violated, the Variance and Site Plan Review approval shall be
suspended and the privileges granted thereunder shall lapse;
provided that the applicant has been given written notice to cease
such violation and has failed to do so for a period of thirty (30)
days.
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 the Permit, or shown otherwise on an approved plan.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A except as
otherwise provided in these conditions.
E. The stable shall have:a loft area without glazed openings
to be used exclusively and only for the storage of feed, tack, and
stable equipment.
F. The stable shall be used exclusively for the purpose of
keeping horses or other permitted animals.
G. There shall be.no sleeping quarters, temporary occupancy,
or kitchen/cooking facilities or equipment in any portion of the
stable.
RESOLUTION NO. 92-19
PAGE 6
H. To minimize the visibility of structures on the pad, the
stable and corral shall be screened and shielded from view of
vehicular, pedestrian and equestrian traffic along Buggy Whip Road
with native drought -resistant vegetation that is compatible with
the surrounding vegetation of the community.
I. A preliminary landscape plan must be submitted to and
approved by the City of Rolling Hills Planning Department staff
prior to the issuance of any grading and building permit. The
landscaping plan submitted must comply with the purpose and intent
of the Site Plan Review Ordinance, shall incorporate existing
mature trees and native vegetation, and shall utilize to the
maximum extent feasible, plants that are native to the area and/or
consistent with the rural character of the community.
A bond in the amount of the cost estimate of the implementation of
the landscaping plan plus 15% shall be required to be posted prior
to issuance of a grading and building permit and shall be retained
with the City for not less than two years after landscape
installation. The retained bond will be released by the City
Manager after the City Manager determines that the landscaping was
installed pursuant to the landscaping plan as approved, and that
such landscaping is properly established and in good condition.
J. Prior to the submittal of an applicable final grading plan
to the County of Los Angeles for plan check, a detailed grading and
drainage plan with related geology, soils and hydrology reports
that conform to the development plan as approved by the Planning
Commission must be submitted to the Rolling Hills Planning
Department staff for their review. Cut and fill slopes must
conform to the City of Rolling Hills standard of 2 to l slope
ratio. •
K. The project must be reviewed and approved by the Rolling
Hills Community Association Architectural Review Committee prior to
the issuance of any building or grading permit.
L. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the
development plan approved with this application.
M. The residential building pad coverage shall not exceed
29.2% and overall pad coverage shall not exceed 28.32%.
N. The applicant shall execute an Affidavit of Acceptance of
all conditions of this Variance and Site Plan Review pursuant to
Section 17.32.087, or the approval shall not be effective.
RESOLUTION NO. 92-19
PAGE 7
O. All conditions of Paragraphs A, C, D, E, F, G, H, I, J, K,
L, M, and N of this Variance and Site Plan Review approval must be
complied with prior to the issuance of a building or grading permit
from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THI
ATTEST:
D/A OF UNE, 1992.
U
ALLAN ROBERTS, CHAIRMAN
DIANE SA4YER , DEPUTY GPI TY CLERK
The foregoing Resolution No. 92-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT AN
ENCROACHMENT INTO THE FRONT YARD TO CONSTRUCT A STABLE
AND CORRAL, AND GRANTING SITE PLAN REVIEW APPROVAL FOR A
PROPOSED NEW STABLE IN ZONING CASE NO. 475.
was approved and adopted at a regular meeting of the Planning
Commission on June 16, 1992 by the following roll call vote:
AYES: Commissioners Frost, Raine, and Chairman Roberts
NOES: None
ABSENT: Commissioners Hankins and Lay
ABSTAIN: None
DEPUTY CITY CLERK