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643, Convert existing stable into a, Staff Reports(310) 544-6222 t 41 c?ot�ingiLTT. community of c.RaneIio Faros (ileaEd. No. 1 PORTUGUESE BEND RD. • ROLLING HILLS, CALIF. 90274 ROLLING HILLS Memorandum Iodation CALIFORNIA (310) 544-6766 FAX To: Yolanta Schwartz, Planning Director From: Peggy R. Minor, Association Manager Date: May 7, 2002 Re: 3 Johns Canyon Road — Barn Conversion at Harlyne Norris In reply to your letter of May 2, 2002 relating to restoration of an existing barn to its original interior and exterior conditions as originally approved by the Association, the proposed plan is acceptable and will be held in our file pending completion of the restoration. Please let me know if you need anything more to complete this matter. PRM: JR cc: Craig Nealis, City Manager RH CITY — NEALIS — Barn Conversion (H. Norris) 5-7-02 City 0/ MEMORANDUM DATE: TO: FROM: SUBJECT: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com MAY 2, 2002 PEGGY MINOR, RHCA MANAGER YOLANTA SCHWARTZ, PLANNING DIRECTOR 3 JOHNS CANYON ROAD, CONVERSION OF AN ILLEGAL STRUCTURE TO A BARN Beginning in July 2001, the applicant at 3 Johns Canyon Road submitted several requests to allow an "as built" structure, previously approved to be used as a barn, to be used as a detached garage, then as a mixed use structure and finally as a guesthouse. During the process of public hearings the first two requests were withdrawn by the applicant and the final one, for a guesthouse, was denied by both the Planning Commission and City Council, upon appeal. It is a requirement of the Resolution of denial that the structure be converted to the previously approved use as a stable, and that a plan be submitted showing the conversion. Staff has added a condition, requiring RHCA approval of the conversion of the "as built" structure into a barn. Please review the attached site plan and floor plan for compliance with RHCA conditions for a barn, as approved previously. Should you require more than one copy of the plan, please contact the architect directly. Enclosed find a copy of the Resolution of denial. Section 11 on page 3 of the Resolution contains the City's conditions for conversion, and the requirement that the Association review and approve the conversion as well. In addition, requirements to correct drainage of said property were included in the Resolution, which also necessitate Association's permission, and are listed in Section 12 of the Resolution. Please let me know in writing of your findings. Prior to obtaining a Certificate of Occupancy, the applicant will be required to submit to the City a plan approved by the Association. CC: Craig R. Nealis, City Manager ®Printed on Recycled Pop(3- DATE: TO: ATTN: FROM: SUBJECT: Cu• y `leo ePn9 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com Agenda Item No.: 7A Mtg.Date: 3/11/02 MARCH 11, 2002 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PLANNING DIRECTOR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO APPROVE AN UNAUTHORIZED CONVERSION OF AN EXISTING STABLE TO A GUESTHOUSE, AND DENYING A REQUEST FOR A VARIANCE TO PERMIT THE PROPOSED GUESTHOUSE TO REMAIN IN THE FRONT YARD AREA AND TO CONTINUE TO ENCROACH INTO THE NORTHEAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 JOHNS CANYON ROAD IN ZONING CASE NO 643, (NORRIS). BACKGROUND The City Council at the February 25, 2002 meeting directed staff to prepare a Resolution of denial regarding a request for a Conditional Use Permit to convert a previously approved barn into a guesthouse and request for a Variance to permit the proposed guesthouse to remain in the front yard area and to encroach into the northeast side yard setback. Work on the conversion has commenced prior to the applicant filing an application with the City for the conversion. The vote was 4-0, with Councilmember Heinsheimer abstaining due to the proximity of subject property to his property. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 910, which is attached, denying Zoning Case No. 643. Included in the resolution are provisions to assure that the "as built" structure is converted to meet the Zoning Code requirements for a stable, and provisions to correct the drainage. ZC No. 643 City Council 3/11/02 O ®Printed on Recycled Paper. RESOLUTION NO. 910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO APPROVE AN UNAUTHORIZED CONVERSION OF AN EXISTING STABLE TO A GUESTHOUSE, AND DENYING A REQUEST FOR A VARIANCE TO PERMIT THE PROPOSED GUESTHOUSE TO REMAIN IN THE FRONT YARD AREA AND TO CONTINUE TO ENCROACH INTO THE NORTHEAST SIDE YARD SETBACK AT AN. EXISTING SINGLE FAMILY RESIDENCE AT 3 JOHNS CANYON ROAD IN ZONING CASE NO 643, (NORMS). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mrs. Harlyne Norris with respect to real property located at 3 Johns Canyon Road, Rolling Hills, (Lot 173- B-MS), requesting a conditional use permit to convert an existing building, which was previously approved for a stable use, but altered without permission during construction, to a guesthouse and requesting a variance to permit the proposed guesthouse to remain in the front yard area and to encroach into the northeast side yard setback, all with respect to a lot developed with an existing single- family residence. Section 2. On May 6, 2000, the Planning Commission approved a Variance to enlarge the then existing 400 square foot stable to 720 square feet by allowing a portion of the enlarged stable to be located in the front yard area and a portion to encroach up to 6 feet into the 35 foot northeast side yard setback. During the course of construction of the addition to the stable pursuant to the approved Variance, it was determined by the Los Angeles County Building Official that the addition was not in compliance with the plans for the approved application for an enlarged stable in that it appeared that the structure was not being constructed to serve as a stable, and a "stop work order" was issued. The only alternatives available to the applicant were to construct the building as a stable in accordance with approvals, or apply to the City for an alternative use of the building. Section 3. In July 2001, the applicant submitted a request for a CUP to convert the already enlarged stable building to a detached garage. During the course of the public hearings the applicant withdrew the request for the detached garage. Afterwards, the applicant submitted a revised request to convert the existing building into a mixed -use structure to be used as a garage and an office. At the October 16, 2001 Planning Commission meeting, the Commission directed staff to prepare a Resolution of denial for the mixed -use structure to be considered by the Planning Commission at its November 20, 2001 meeting. Reso. No.910 ZC 643-deny • • Subsequently, and prior to the November 20t' Planning Commission meeting, the applicant withdrew the request for the mixed -use structure, and applied for a Conditional Use Permit to convert the existing structure to a guesthouse. At the November 20, 2001 meeting, the Planning Commission directed staff to prepare a Resolution to deny the request for a Conditional Use Permit to convert the altered stable structure into a guesthouse. The Planning Commission on December 18, 2001 adopted a Resolution of denial. Section 4. The Planning Commission's consideration of the various applications described in Section 3 above was conducted at several duly noticed public hearings on July 17, 2001, August 21, 2001, September 18, 2001, October 16, 2001, November 20, 2001. The Commission also conducted a noticed and public field trip visit to the site on August 6, 2001. The applicant was notified of the public hearings in writing by first class mail. On each public hearing date, evidence was presented from all persons interested in the proposal then being considered by the Commission. The applicant's representative was in attendance at the hearings. Section 5. On February 15, 2002, the applicant filed an appeal of the Planning Commission's decision. The City Council conducted duly noticed public hearings to consider the appeal on January 28, 2002, February 25, 2002 and at a field trip visit on February 5, 2002. Evidence was presented from all persons interested in the appeal, and fully considered by the City Council. The applicant's representative was in attendance at the hearings. Section 6. Section 17.16.040(A) of the Rolling Hills Municipal Code allows guesthouses, provided a conditional use permit has been issued and provided that the property is developed with a legally established single family residence and on which provision is made for a legally required and accessible stable and corral area. Therefore, if the applicant was to be issued a conditional use permit and variance for conversion of the stable to a guesthouse, the applicant was also required to provide a suitable area on the parcel for a future stable and corral. Section 7. The applicant has proposed a location of the future barn and corral in front of the proposed guesthouse, which would be located in the front yard area. Pursuant to the City's Zoning Ordinance no accessory structures may be located in the front yard area; therefore, the future construction of a barn and corral in the proposed location would require an approval of a Variance. Section 8. Sections 17.16.210(A)(5) of the Rolling Hills Municipal Code permits approval of a guesthouse as a conditional use under certain conditions. The applicant is requesting to convert a previously approved 720 square feet stable to a guesthouse located at the eastern portion of the lot. With respect to this request for a Conditional Use Permit, the City Council finds as follows: A. The proposed conditional use does not comply with all applicable development standards of the zone district in which it is located, because the 720 square foot proposed guesthouse would encroach into the side yard setback and would be located in the front yard of the property. Placement of a guesthouse in Reso. No.910 ZC 643-deny 2 • • the front yard setback is also not consistent with the location of guesthouses on similarly sized parcels in the community. B. The approval of the conditional use permit for the conversion, would necessitate the approval of a future Variance for the construction of a stable and corral which would be located in the front yard area, in that the applicant is unable to identify any other area on the lot for a future stable site. In that the existing structure was constructed to be a stable pursuant to a Variance, allowing the conversion would, in effect, further increase the degree to which the property is developed in a manner inconsistent with Code requirements by crowding more structures into the front and side yard setbacks. C. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the conversion to a guesthouse will adversely affect and be materially detrimental to these adjacent uses, buildings, or structures because the proposed guesthouse is relatively close to nearby residences, and is visible from the roadway, which makes it more visually prominent than appropriate under the existing development pattern of the City. Section 9. Sections 17.12.250(Y) and Section 17.16.150 state that front yards and all required yards must be unobstructed and unoccupied, except as otherwise provided in the Zoning Code. In addition, 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, under certain circumstances. A Variance would be required because the proposed guesthouse would be located in the front yard and encroach into the side yard setback. With respect to this request for the Variances, the City Council finds that there are no special circumstances applicable to the property that deny the property owner of privileges enjoyed by other property in the vicinity. There is other location on the property where such use could be located in compliance with the setback requirements of the Municipal Code. The requested Variance would of necessity contemplate that both the guesthouse and future stable would be located in the front yard and the required setbacks, rather than just the stable as at present. The Variance is not required for the applicant to make beneficial use of the property; the request would constitute a special privilege to the extent that so much development would be permitted in the front yard and setback areas intended to be free and clear of buildings, serving as a buffer from streets and neighboring properties. Section 10. Based upon the foregoing findings, the City Council hereby denies the Conditional Use Permit and Variances applications for Zoning Case No. 643 for the conversion of a previously approved barn to a guesthouse and to allow the proposed guesthouse to remain in the front yard and continue to encroach into the side yard setback at an existing single family residence. Section 11. The applicant's un-permitted conversion of the previously approved barn to a different use constitutes a Code violation. Staff is directed to require the applicant to bring the structure into compliance with the previously approved Site Plan and Variance for .the enlarged barn and meet the Reso. No.910 ZC 643-deny • • requirements of City Code pertaining to stables and corrals. Therefore, the applicant shall undertake the following actions within six months of this Resolution, and prior to receiving a certificate of occupancy from the Los Angeles County Building and Safety Department: A. The conditions of approval of Resolution No. 2002-10, which among other Variances granted a Variance for the location and enlargement of the barn, shall remain in full force and effect. B. The existing garage doors located on the east and west sides of the "as built" structure, and related garage door opener shall be removed and replaced with one standard stable like door to be located on the west side of the structure only, to the satisfaction of the Rolling Hills Community Association (RHCA). C. All other requirements of the RHCA for the conversion of the "as built" structure to a barn shall be met. D. The carpeting and linoleum in the southern portion of the interior of the structure shall be removed and the floor shall remain bare or be concrete. E. ' Exterior lighting shall comply with Section 17.16.190 of the City of Rolling Hills Zoning Ordinance. F. The existing dirt roadway leading to the structure shall be landscaped to the satisfaction of City staff. However, a not to exceed 48 inches wide access tothe stable shall be provided to accommodate delivery to and removal of waste from the barn. Such path shall not exceed a slope of 25% and may be paved. G. A landscaping plan for the existing dirt roadway and the area northeast thereof, shall be submitted to City staff for review and approval. H. All conditions of the stop work order issued by the Building Official dated 6/25/01 shall be met. I. The stable shall be used for the exclusive purpose of keeping animals only. Commercial uses shall not be permitted. J. No vehicle storage of any kind shall be permitted in the stable. Except that vehicle(s) necessary for keeping of animals and related equestrian equipment may be stored. K. No sleeping facilities shall be permitted. L. No kitchen or other cooking facilities shall be permitted. M. A revised site plan incorporating all of the above requirements for conversion of the "as built" structure to a stable, together with Rolling Hills Reso. No.910 ZC 643-deny t • • Community Association's approved plans shall be submitted to City staff for review and approval. Section 12. During the process of public hearings, drainage and hydrology problems were identified on subject property. The property slopes from south to northeast and the existing drainage run-off cause erosion of the northern and eastern slopes of the property and overflows onto the adjacent property. Therefore, the City Council finds that it is necessary to rectify the drainage effect on subject property and the actions to correct said drainage shall incorporate the following measures: A Gutters and downspout system shall be installed on the roof of the barn structure. Such gutters shall discharge to the drainage swale. B. A drainage swale to be located along the southern side of the barn • and continuing in a northeasterly direction along the existing unpaved driveway leading into Johns Canyon Road shall be constructed. Such swale shall be sloped away from the adjacent property (to the northeast). If required by the County Building Official, a dissipater or similar collection device shall be constructed in the easement adjacent to Johns Canyon Road in order to control erosion of the easement. C. The run-off from the recently constructed two dissipaters and a drainage pipe on the upper portion of the lot, shall be collected by an additional pipe, which shall be connected to an existing underground drainage pipe located in the easement along the easterly portion of the lot. The applicant shall coordinate with the adjacent property owners and the Rolling Hills Community Association to accomplish said connection. D. The above required drainage devices shall be constructed to the satisfaction of the City and Los Angeles County Building Department and shall be in substantial conformance with the development plan marked "Exhibit A", dated February 25, 2002. Section 13. The City Council further finds that the corrections specified in Section 11 and Section 12 of this Resolution are of great importance and are necessary to promote the health and safety of the residents of Rolling Hills, and therefore, the City Council resolve that said corrections shall be made within six months of the passage of this Resolution. PASSED, APPROVED AND ADOPTED THIS 11th DAY OF MARCH 2002. JODY MURDOCK, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso. No.910 ZC 643-deny 5 0 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 910 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO APPROVE AN UNAUTHORIZED CONVERSION OF AN EXISTING STABLE TO A GUESTHOUSE, AND DENYING A REQUEST FOR A VARIANCE TO PERMIT THE PROPOSED GUESTHOUSE TO REMAIN IN THE FRONT YARD AREA AND TO CONTINUE TO ENCROACH INTO THE NORTHEAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 JOHNS CANYON ROAD IN ZONING CASE NO 643, (NORRIS). was approved and adopted at a regular meeting of the City Council on March 11, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso. No.910 ZC 643-deny DATE: TO: ATTN: FROM: SUBJECT: • 44I OMtilting ,Wit1�a INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-malt cityofrh@aol.com Agenda Item No.: 6A Mtg. Date: 2/25/02 FEBRUARY 25, 2002 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PRINCIPAL PLANNER ZONING CASE NO. 643: Consideration of an appeal of a Planning Commission's decision to deny a request for a Conditional Use Permit to convert a previously approved barn into a guesthouse and request for a Variance to permit the proposed guesthouse to remain in the front yard area and to encroach into the northeast side yard setback at an existing single family residence at 3 Johns Canyon Road, (Lot 173-B-MS), Rolling Hills, CA. (Norris). BACKGROUND 1. The City Council visited the site on February 5, 2002. 2. During the field trip, the Council expressed concern over the intended use of the structure and the proposed location of the future stable in the front yard. Also of concern was the drainage from subject property to the adjacent property. It was suggested that rain gutters be installed regardless of the ultimate use of the structure. The applicant's representative stated that the applicant's intention is to correct drainage from the property, and that a swale will be constructed to divert the runoff to Johns Canyon Road. 3. The Planning Commission, at the December 18, 2001 meeting adopted Resolution No. 2001-26, denying a request to convert an existing structure to a guesthouse. A Variance request to allow the proposed guesthouse to remain in the front yard area and to encroach into the side yard setback was also denied. The vote was 4-1, with Commissioner Witte voting for the project. The structure was previously approved by the Planning Commission for a stable use. 4. The City Council at the January 14, 2002 meeting received and filed the Planning Commission's Resolution. On January 15, 2002 the applicant' representative filed an appeal of the Planning Commission's decision to deny the request. ZC 643-appeal CC 2/25/02 o Printed on Recycled Paper. 5. In accordance with the provisions of the Municipal Code, the Commission's decision will be stayed until the City Council completes its proceedings. 6. A 400 square foot stable existed on site since 1974. In May 2000, the Planning Commission approved Variances to enlarge the then existing 400 square foot stable to 720 square feet, a portion of which was to be located in the front yard area and a portion of which would encroach up to 6 feet into the 35 foot northeast side yard setback. During inspection of the addition to the stable, the building official alerted staff that the construction of the addition did not lend itself to a stable use. 7. In July 2001, the applicant submitted a request for a CUP to convert the expanded stable into a detached garage. A future stable and corral were proposed to be located in the rear of the existing structure. The Commission viewed the site on August 6, 2001. 8. During the field visit, the Commission questioned the intended use of the structure as a detached garage. The Commission noticed that the stable has been already converted to a different use. The interior walls in the structure were finished and painted, and the structure was partitioned into two separate areas, one of which was partially carpeted. A one -car garage doors were installed on the western and eastern walls of the structure and adjacent to the garage door standard doors were installed. The Commission also expressed concern over the location of the future stable. The Commission felt the proposed location, behind the existing structure, was inappropriate and inaccessible. The Commission pointed out that perhaps a more desirable area for placement of the future stable would be to the northeast, (front and to the side), of the converted stable, and north of the driveway. 9. During the course of the public hearing, the applicant withdrew the request for the detached garage. Afterwards the applicant submitted a revised request to convert the existing structure into a mixed -use structure to be used as a garage and an office. At the October 16, 2001 Planning Commission meeting, the Commission directed staff to prepare a Resolution of denial for the mixed -use structure. Subsequently, and prior to the November 20, 2001 Planning Commission meeting, the applicant withdrew the request for the mixed -use structure and submitted the Conditional Use Permit Application to convert the structure into a guesthouse. 10. At the November 20, Planning Commission meeting the request for the guesthouse was considered by the Commission, at which time the Commission directed staff to prepare a Resolution of denial. 11. The applicant wishes to convert the structure to a guesthouse for an occasional overnight stay, (2-5 times a month), by the applicant's driver. 12. The elevation plan shows garage doors on the west and east sides of the existing structure. Staff suggests that the Council condition the request for a guesthouse, if approved, to require that the garage doors be removed from both sides and either be replaced with a glass sliding door, replaced with a standard door or totally closed off, as there already exist two standard size doorways, one on the west side and one on the ZC 643-appeal CC 2/25/02 2 • east side of the structure. Staff also recommends that the mechanism for the garage door opener inside the structure be removed. Other conditions, as deemed appropriate, may be imposed by the City Council. 13. Section 17.16.040 of the Zoning Ordinance requires a Conditional Use Permit for a guesthouse. Section 17.16.210 sets forth conditions for Conditional Use Permit. There are several conditions that apply to a guesthouse, which are attached. One of the conditions is that no driveway or paved area be located within 50 feet of a guesthouse. 14. Currently there exists a driveway that served the original barn. The driveway was originally paved. Recently, the asphalt was removed. The applicant's representative, during the January 28, 2002 public hearing, informed the City Council that the applicant is proposing to remove the driveway, landscape the area of the existing driveway, and designate 1,000 square foot of area in front of the guesthouse for a future barn and corral. The proposed location of the barn and corral meet the City's requirements for distances from structures and property line, however, a Variance permit would have to be applied for and approved for the construction of the future barn in the front yard. 15. It has been reported to staff that a drainage problem exists between the subject site and the adjacent property down the slope. The applicant is proposing to construct a drainage device to correct the water run-off from subject site to the adjacent property. The City, the RHCA and the L.A. County Public Works Division will have to approve the drainage method and device. The case could be conditioned that the drainage be corrected. 16. The existing house with an attached garage was built in 1974. The pool/spa was completed in 1980 following Planning Commission approval of a Variance to permit a swimming pool in the front yard in Zoning Case No. 251. Side yard setbacks at that time were 20 feet in width, and are now 35 feet in width in the RA-S-2 Zone. Approved plans for the previously requested Variances identify the front yard at the north end of the property, along Johns Canyon Road and the rear yard at the southeast part of the lot. 17. The net lot area of this lot is 75,530 square feet. The structural lot coverage proposed is 7,471 square feet or 9.9% (20% maximum permitted) and the total lot coverage proposed is 16,091 square feet or 21.3% (35% maximum permitted). 18. The entire residence is located above Johns Canyon Road. Coverage of the 13,588 square foot residential building pad is 6,101 square feet or 44.9%. Coverage on the 2,640 square foot future stable/guest house building pad will be 1,170 square feet or 44.3%. Total building pad coverage will be 7,471 square feet or 46.1% of the 16,228 square foot building pads. The Planning Commission guideline maximum is 30%. (Currently, the combined pad coverage is at 43.3%). 19. Disturbed area of the lot will be 21.7% of the net lot area, when the future stable is constructed, (40% maximum permitted). The current request does not require additional lot disturbance. • 20. No grading is proposed for this project. ZC 643-appeal CC 2/2sro2 3 21. Access to the residence from Johns Canyon Road at the southwest will remain the same. 22. The utilities to the proposed structure are located underground. 23. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the City Council review the staff report, take public testimony and direct staff as appropriate. ZC 643-appeal CC 2/25/02 • • r•' RIANCE RECIUIRED'FINDING A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. GUEST HOUSE /SERVANT QUARTERS REQUIREMENTS 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 800 square feet of net floor area. c. No kitchen or other kitchen facilities shall be provided within guest or servant quarters. d. No vehicular access or paved parking area shall be developed within 50 feet of the proposed guesthouse. e. The property shall be developed and maintained in substantial conformance with the approved site plan on file. f. Occupancy of the proposed guesthouse 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. g. Renting of guesthouses or servant quarters is prohibited. h. All requirements of this tittle must be complied with unless otherwise set forth in the permit or approved plans. i. Landscaping plan shall be submitted to the City or 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 tittle. ZC 643-appeal CC 2/25/02 5 Zoning Case No. 643 RA-S-2 Zone Setbacks: Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line Structures Grading Disturbed Area (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, any nongraded area where impervious surfaces exist) Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Residential Building Pad Coverage (Guideline maximum of 30%) Stable Building Pad Coverage Total Building Pad Coverage Roadway access to main house Stable & Corral (Minimum 450 sq.ft. stable and 550 sq.ft. corral permitted) Access to guest house Stable Access (Maximum 25% slope permitted) Preserve Views ZC 643-appeal CC 2/25/02 Existing stable encroaches into the side yard setback and is located in the front yard area. Residence Garage Swim Pool Stable Service Yd. Trellis TOTAL 20 cu.yds cut soil 20 cu.yds fill soil 4,563 sq.ft. 803 sq.ft. 540 sq.ft. 720 sq.ft. 200 sq.ft. 195 sq.ft. Variance to encroach into side and front yards plus CUP to convert the stable into a guesthouse. Residence Garage Swim Pool Stable -future Service Yd. Trellis Guesthouse 4,563 sq.ft. 803 sq.ft. 540 sq.ft. 450 sq.ft. 200 sq.ft. 195 sq.ft. 720 sq.ft. 7,021 sq.ft. TOTAL 7,471 sq.ft No grading 19.8% 21.7% (with future stable/corral) 19.3% 120.7% 144.9% 150.0% 43,3% Access from Johns Canyon Road at the southwest of this lot. Existing 720 sq.ft. stable N/A Existing stable accessible from Johns Canyon Road on a slope that is less than 25%. N/A 6 O 9.9% 21.3% 44.9%(existing) 44.3%(future stable and proposed quest house) 46.1% No change Proposed 450 sq.ft. stable and 550 sq.ft. corral Not allowed within 50 feet of guest house Will use existing approach, when constructed. Planning Commission Review DATE: TO: ATTN: FROM: SUBJECT: i • C1i, ` Roiling iijfd FEBRUARY 5, 2002 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PRINCIPAL PLANNER ZONING CASE NO. 643: Consideration of an appeal of a Planning Commission's decision to deny a request for a Conditional Use Permit to convert a previously approved barn into a guesthouse and request for a Variance to permit the proposed guesthouse to remain in the front yard area and to encroach into the northeast side yard setback at an existing single family residence at 3 Johns Canyon Road, (Lot 173-B-MS), Rolling Hills, CA. BACKGROUND 1. The City Council at the January 28, 2002 public hearing considered the proposed project and scheduled a field visit to the site on February 5, 2002. 2. The Planning Commission, at the December 18, 2001 meeting adopted Resolution No. 2001-26, denying a request to convert an existing structure to a guesthouse. A Variance request to allow the proposed guesthouse to remain in the front yard area and to encroach into the side yard setback was also denied. The vote was 4-1, with Commissioner Witte voting for the project. The structure was previously approved by the Planning Commission for a stable use. 3. The City Council at the January 14, 2002 meeting received and filed the Planning Commission's Resolution. On January 15, 2002 the applicant' representative filed an appeal of the Planning Commission's decision to deny the request. 4. In accordance with the provisions of the Municipal Code, the Commission's decision will be stayed until the City Council completes its proceedings. 5. A 400 square foot stable existed on site since 1974. In May 2000, the Planning Commission approved Variances to enlarge the then existing 400 square foot stable to 720 square feet, a portion of which was to be located in the front yard area and a portion of which would encroach up to 6 feet into the 35 foot northeast side yard setback. During inspection of the addition to the stable, the building official alerted staff that the construction of the addition did not lend itself to a stable use. 6. In July 2001, the applicant submitted a request for a CUP to convert the expanded stable into a detached garage. A future stable and corral were proposed to be ®Printed on Recycled Paper. located in the rear of the existing structure. The Commission viewed the site on August 6, 2001. 7. During the field visit, the Commission questioned the intended use of the structure as a .detached garage. The Commission noticed that. the stable has been already converted to a different use. The interior walls in the structure were finished and painted, and the structure was partitioned into two separate areas, one of which was partially carpeted. A one -car garage doors were installed on the western and eastern walls of the structure and adjacent to the garage door standard doors were installed. The Commission also expressed concern over the location of the future stable. The Commission felt the proposed location, behind the existing structure, was inappropriate and inaccessible. The Commission pointed out that perhaps a more desirable area for placement of the future stable would be to the northeast, (front and to the side), of the converted stable, and north of the driveway. 8. During the course of the public hearing, the applicant withdrew the request for the detached garage. Afterwards the applicant submitted a revised request to convert the existing structure into a mixed-usestructure to be used as a garage and an office. At the October 16, 2001 Planning Commission meeting, the Commission directed staff to prepare a Resolution of denial for the mixed -use structure. Subsequently, and prior to the November 20, 2001 Planning Commission meeting, the applicant withdrew the request for the mixed -use structure and submitted the Conditional Use Permit Application to convert the structure into a guesthouse. 9. At the November 20, Planning Commission meeting the request for the guesthouse was considered by the Commission, at which time the Commission directed staff to prepare a Resolution of denial. 10. The applicant wishes to convert the structure to a guesthouse for an occasional overnight stay, (2-5 times a month), by the applicant's driver. 11. The elevation plan shows garage doors on the west and east sides of the existing structure. Staff suggests that the Council condition the request for a guesthouse, if approved, to require that the garage doors to be removed from both sides and either be replaced with a glass sliding door, replaced with a standard door or totally closed off, as there already exist two standard size doorways, one on the west side and one on the east side of the structure. Staff also recommends that the mechanism for the garage door opener inside the structure be removed. Other conditions, as deemed appropriate, may be imposed by the City Council. 12. Section 17.16.040 of the Zoning Ordinance requires a Conditional Use Permit for a guesthouse. Section 17.16.210 sets forth conditions for Conditional Use Permit. There are several conditions that apply to a guesthouse, which are attached. One of the conditions is that no driveway or paved area is located within 50 feet of a guesthouse. 13. Currently there exists a driveway that served the original barn. The applicant's representative, during the January 28, 2002 public .hearing, informed the City Council that the applicant is proposing to remove the driveway, landscape the area up to the proposed guesthouse, where the driveway is currently located, and designate 1,000 • • square foot of area in front of the guesthouse for a future barn and corral. The proposed location of the barn and corral meet the City's requirements for distances from structures and property line. 14. It has been reported to staff that a drainage problem exists between the subject site and the adjacent property down the slope. The applicant is proposing to construct a drainage device to correct the water run-off from subject site to the adjacent property. The City, the RHCA and the L.A. County Public Works Division will have to approve the drainage method and device. 15. The existing house with an attached garage was built in 1974. The pool/spa was completed in 1980 following Planning Commission approval of a Variance to permit a swimming pool in the front yard in Zoning Case No. 251. Side yard setbacks at that time were 20 feet in width, and are now 35 feet in width in the RA-S-2 Zone. Approved plans for the previously requested Variances identify the front yard at the north end of the property, along Johns Canyon Road and the rear yard at the southeast part of the lot. 16. The net lot area of this lot is 75,530 square feet. The structural lot coverage proposed is 7,471 square feet or 9.9% (20% maximum permitted) and the total lot coverage proposed is 16,091 square feet or 21.3% (35% maximum permitted). 17. The entire residence is located above Johns Canyon Road. Coverage of the 13,588 square foot residential building pad is 6,101 square feet or 44.9%. Coverage on the 2,640 square foot future stable/guest house building pad will be 1,170 square feet or 44.3%. Total building pad coverage will be 7,471 square feet or 46.1% of the 16,228 square foot building pads. The Planning Commission guideline maximum is 30%. (Currently, the combined pad coverage is at 43.3%). 18. Disturbed area of the lot will be 21.7% of the net lot area, when the future stable is constructed, (40(1/0 maximum permitted). The current request does not require additional lot disturbance. 19. No grading is proposed for this project. 20. Access to the residence from Johns Canyon Road at the southwest will remain the same. 21. The utilities to the proposed structure are located underground. 22. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the City Council view the proposed project, and direct staff as appropriate. • • Zoning Case No. 643 CRITERIA & MAJOR IMPACTS RA-S-2 Zone Setbacks: Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line Structures Grading Disturbed Area (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, any nongraded area where impervious surfaces exist) Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Residential Building Pad Coverage (Guideline maximum of 30%) Stable Building Pad Coverage Total Building Pad Coverage Roadway access to main house Stable & Corral (Minimum 450 sq.ft. stable and 550 sq.ft. corral permitted) Access to guest house Stable Access (Maximum 25% slope permitted) Preserve Views EXISTING Existing stable encroaches into the side yard setback and is located in the front yard area. Residence 4,563 sq.ft. Garage 803 sq.ft. Swim Pool 540 sq.ft. Stable 720 sq.ft. Service Yd. 200 sq.ft. Trellis 195 sq.ft. TOTAL 20 cu.yds cut soil 20 cu.yds fill soil • ,PROPOSED: Variance to encroach into side and front yards plus CUP to convert the stable into a guesthouse. Residence 4,563 sq.ft. Garage 803 sq.ft. Swim Pool 540 sq.ft. Stable -future 450 sq.ft. Service Yd. 200 sq.ft. Trellis 195 sq.ft. Guesthouse 720 sq.ft. 7,021 sq.ft. I TOTAL 7,471 sq.ft No grading 19.8% 21.7% (with future stable/corral) 9.3% 20.7% 144.9% 150.0% 43,3% Access from Johns Canyon at the southwest of this lot. Existing 720 sq.ft. stable N/A I 9.9% 121.3% 144.9%(existing) 44.3%(future stable and proposed guest house) 146.1% Road No change Existing stable accessible from Johns Canyon Road on a slope that is Tess than 25%. 1N/A IProposed 450 sq.ft. stable and 550 sq.ft. corral INot allowed within 50 feet of guest house Will use existing approach, when constructed. IPlanning Commission Review VARIANCE REQUIRED FINDINGS: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. GUEST HOUSE /SERVANT QUARTERS REQUIREMENTS 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 800 square feet of net floor area. c. No kitchen or other kitchen facilities shall be provided within guest or servant quarters. d. No vehicular access or paved parking area shall be developed within 50 feet of the proposed guesthouse. e. The property shall be developed and maintained in substantial conformance with the approved site plan on file. f. Occupancy of the proposed guesthouse 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. g. Renting of guesthouses or servant quarters is prohibited. h. All requirements of this tittle must be complied with unless otherwise set forth in the permit or approved plans. i. Landscaping plan shall be submitted to the City or 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 tittle. DATE: TO: ATTN: FROM: SUBJECT: • • ei4I /RJf �re� INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail. cityofrh@aol.com Agenda Item No.: 6A Mtg. Date: 1/28/2002 JANUARY 28, 2002 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PRINCIPAL PLANNER ZONING CASE NO. 643: Consideration of an appeal of a Planning Commission's decision to deny a request for a Conditional Use Permit to convert a previously approved barn into a guesthouse and request for a Variance to permit the proposed guesthouse to remain in the front yard area and to encroach into the northeast side yard setback at an existing single family residence at 3 Johns Canyon Road, (Lot 173-B-MS), Rolling Hills, CA. BACKGROUND 1. The Planning Commission, at the December 18, 2001 meeting adopted Resolution No. 2001-26, denying a request to convert an existing structure to a guesthouse. A Variance request to allow the proposed guesthouse to remain in the front yard area and to encroach into the side yard setback was also denied. The vote was 4-1, with Commissioner Witte voting for the project. The structure was previously approved by the Planning Commission for a stable use. 2. The City Council at the January 14, 2002 meeting received and filed the Planning Commission's Resolution. On January 15, 2002 the applicant' representative filed an appeal of the Planning Commission's decision to deny the request. 3. In accordance with the provisions of the Municipal Code, the Commission's decision will be stayed until the City Council completes its proceedings. 4. A 400 square foot stable existed on site since 1974. In May 2000, the Planning Commission approved Variances to enlarge the then existing 400 square foot stable to 720 square feet, a portion of which was to be located in the front yard area and a portion of which would encroach up to 6 feet into the 35 foot northeast side yard setback. During inspection of the addition to the stable, the building official alerted staff that the construction of the addition did not lend itself to a stable use. ®Printed on Recycled Paper. • • M 5. In July 2001, the applicant submitted a request for a CUP to convert the expanded stable into a detached garage. A future stable and corral were proposed to be located in the rear of the existing structure. The Commission viewed the site on August 6, 2001. 6. During the field visit, the Commission questioned the intended use of the structure as a detached garage. The Commission noticed that the stable has been already converted to a different use. The interior walls in the structure were finished and painted, and the structure was partitioned into two separate areas, one of which was partially carpeted. A one -car garage doors were installed on the western and eastern walls of the structure and adjacent to the garage door standard doors were installed. The Commission also expressed concern over the location of the future stable. The Commission felt the proposed location, behind the existing structure, was inappropriate and inaccessible. The Commission pointed out that perhaps a more desirable area for placement of the future stable would be to the northeast, (front and to the side), of the. converted stable, and north of the driveway. 7. During the course of the public hearing, the applicant withdrew the request for the detached garage. Afterwards the applicant submitted a revised request to convert the existing structure into a mixed -use structure to be used as a garage and an office. At the October 16, 2001 Planning Commission meeting, the Commission directed staff to prepare a Resolution of denial for the mixed -use structure. Subsequently, and prior to the November 20, 2001 Planning Commission meeting, the applicant withdrew the request for the mixed -use structure and submitted the Conditional Use Permit Application to convert the structure into a guesthouse. 8. At the November 20, Planning Commission meeting the request for the guesthouse was considered by the Commission, at which time the Commission directed staff to prepare a Resolution of denial. 9. The applicant wishes to convert the structure to a guesthouse for an occasional overnight stay, (2-5 times a month), by the applicant's driver. A letter explaining the proposal and the request for appeal is attached. 10. The elevation plan shows garage doors on the west and east sides of the existing structure. Staff asked that the Commission condition the request for a guesthouse, if approved, that the garage doors be removed from both sides and either be replaced with a glass sliding door, replaced with a standard door or totally closed off, as there already exist two standard size doorways, one on the west side and one on the east side of the structure. Staff also recommended that the mechanism for the garage door opener inside the structure be removed. 11. Section 17.16.040 of the Zoning Ordinance requires a Conditional Use Permit for a guesthouse. Section 17.16.210 sets forth conditions for Conditional Use Permit. There are several conditions that apply to a guesthouse, which are attached. One of the conditions is that no driveway or paved area is located within 50 feet of a guesthouse. 12. Currently there exists a driveway that served the original barn. The applicant is • • proposing to remove a portion of the driveway, between the proposed guesthouse and the area of the future stable and corral and landscape this portion of the lot, designate 1,000 square foot of area in front of the guesthouse for a future barn and corral and retain the remaining portion of the driveway for future use for the barn. The proposed location of the barn and corral meet the City's requirements for distances from structures and property line, (25 feet from any property line and 35 feet from any residential structures). 13. It has been reported to staff that a drainage problem exists between the subject site and the adjacent property down the slope. The applicant is proposing to construct a drainage device to correct the water run-off from subject site to the adjacent property. The City, the RHCA and the L.A. County Public Works Division will have to approve the drainage method and device. 14. The existing house with an attached garage was built in 1974. The pool/spa was completed in 1980 following Planning Commission approval of a Variance to permit a swimming pool in the front yard in Zoning Case No. 251. Side yard setbacks at that time were 20 feet in width, and are now 35 feet in width in the RA-S-2 Zone. Approved plans for the previously requested Variances identify the front yard at the north end of the property, along Johns Canyon Road and the rear yard at the southeast part of the lot. 15. The net lot area of this lot is 75,530 square feet. The structural lot coverage proposed is 7,471 square feet or 9.9% (20% maximum permitted) and the total lot coverage proposed is 16,091 square feet or 21.3% (35% maximum permitted). 16. The entire residence is located above Johns Canyon Road. Coverage of the 13,588 square foot residential building pad is 6,101 square feet or 44.9%. Coverage on the 2,640 square foot future stable/guest house building pad will be 1,170 square feet or 44.3%. Total building pad coverage will be 7,471 square feet or 46.1% of the 16,228 square foot building pads. The Planning Commission guideline maximum is 30%. (Currently, the combined pad coverage is at 43.3%). 17. Disturbed area of the lot will be 21.7% of the net lot area, when the future stable is constructed, (40% maximum permitted). The current request does not require additional lot disturbance. 18. No grading is proposed for this project. 19. Access to the residence from Johns Canyon Road at the southwest will remain the same. 20. The utilities to the proposed structure are located underground. 21. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the City Council review the staff report, take public testimony, and direct staff as appropriate. • Zoning Case No. 643 ITERIA & MAJdR:I RA-S-2 Zone Setbacks: Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line Structures Grading Disturbed Area (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, any nongraded area where impervious surfaces exist) Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Residential Building Pad Coverage (Guideline maximum of 30%) Stable Building Pad Coverage Total Building Pad Coverage Roadway access to main house Stable & Corral (Minimum 450 sq.ft. stable and 550 sq.ft. corral permitted) Access to guest house Stable Access (Maximum 25% slope permitted) Preserve Views Existing stable encroaches into the side yard setback and is located in the front yard area. Residence 4,563 sq.ft. Garage 803 sq.ft. Swim Pool 540 sq.ft. Stable 720 sq.ft. Service Yd. . 200 sq.ft. Trellis 195 sq.ft. TOTAL 20 cu.yds cut soil 20 cu.yds fill soil Variance to encroach into side and front yards plus CUP to convert the stable into a guest house. Residence 4,563 sq.ft. Garage 803 sq.ft. Swim Pool 540 sq.ft. Stable -future 450 sq.ft. Service.Yd. 200 sq.ft. Trellis 195 sq.ft. Guesthouse 720 sq.ft. 7,021 sq.ft. I TOTAL " No grading 7,471 sq.ft 19.8% 21.7% (with future stable/corral) 19.3% 120.7% 044•9% 9.9% 21.3% 44.9%(existing) 44.3%(future stable and proposed 50.0% guest house) II43,3% 46.1 % • Access from Johns Canyon Road No change at the southwest of this lot. Existing 720 sq.ft. stable Proposed 450 sq.ft. stable and II 550 sq.ft. corral N/A Not allowed within 50 feet of guest Existing stable accessible from Johns Canyon Road on a slope that is less than 25%. N/A house Will use existing approach, when constructed. Planning Commission Review RIANCE I�E(�UIRED.FIIVgIN A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management. Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. GUEST HOUSE /SERVANT QUARTERS REQUIREMENTS 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 800 square feet of net floor area. c. No kitchen or other kitchen facilities shall be provided within guest or servant quarters. d. No vehicular access or paved parking area shall be developed within 50 feet of the proposed guesthouse. e. The property shall be developed and maintained in substantial conformance with the approved site plan on file. f. Occupancy of the proposed guesthouse 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. g. Renting of guesthouses or servant quarters is prohibited. h All requirements of this tittle must be complied with unless otherwise set forth in the permit or approved plans. i. Landscaping plan shall be submitted to the City or 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 tittle. Ci, `a tl.ny .211, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 . FAX (310) 377-7288 REQUEST FOR APPEAL &malt cityofrh@aoLcom APPLICATION FILE NO. 6 4 3 Va r l c tA_ PROPERTY ADDRESS: 3 Johns Canyon Road Rolling Hills Road OWNER: Mrs_ FDrl vne• Norris I hereby request appeal of the decision of the Planning Commission on the above referenced applications) for the following reasons: 1. This application complies with zoning requirements and all other applicable requirements for a guesthouse. 2. This application is not opposed by surrounding residents. The most affected neighbor, immediately to the north, has voiced support for the guesthouse. 3. The denial of this application is inconsistent with the Planning Commission decisions on similar applications on similar properties. 4. Based on Planning Commission discussion, the applicant believes that the denial is based in part on the perceived intent to engage in an unpermitted use (vehicle storage) which was part of a prior application for a detached garage. Vehicle storage is not a part of this application, and no unpermitted vehicle storage can occur because there will be no driveway access. 5. Proposed use for the guesthouse will be for an employee to stay 2 to 5 nights per month. SIGNED: DATED: FEE: l�l�•D�-- /O D b -- (wo-thirds of original application fee.) @Printed on Recycled Pane/ DATE: TO: ATTN: FROM: SUBJECT: • • at, ofielling JANUARY 14, 2002 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PRINCIPAL PLANNER RESOLUTION NO. 2001-26: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE TO A GUESTHOUSE, AND DENYING A REQUEST FOR A VARIANCE TO PERMIT THE GUESTHOUSE TO REMAIN IN THE FRONT YARD AREA AND TO CONTINUE TO ENCROACH INTO THE NORTHEAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 JOHNS CANYON ROAD IN ZONING CASE NO 643, (NORRIS). INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cltyofrh@aol.com Agenda Item No.: 4B Mtng.Date: 1/14/02 BACKGROUND 1. The Planning Commission adopted Resolution No. 2001-26, which is attached at their regular meeting of December 18, 2001, denying a request for a Conditional Use Permit to convert an existing stable to a guesthouse and request for a Variance to permit the guesthouse to remain in the front yard area and to encroach into the northeast side yard setback. The vote was 4-1, with Commissioner Witte voting for the project. 2. A 400 square foot stable existed on site since 1974. In May 2000, the Planning Commission approved a Variance to enlarge the then existing 400 square foot stable to 720 square foot stable, a portion of which was to be located in the front yard area and a portion of which would encroach up to 6 feet into the 35 foot northeast side yard setback. 3. In July 2001, the applicant submitted a request for a CUP to convert the existing stable into a detached garage. During the site visit, the Commission determined that a solid wall divides the structure and that one side resembles a drive through garage and the other portion resembles sleeping/working quarters. During the course of the public hearings for the detached garage, the applicant withdrew the request. Afterwards the applicant submitted a revised request to convert the existing stable into a mixed -use ZC No. 643 City Council 1/14/02 Printed on Recycled Paper. structure to be used as a garage and an office. At the October 16, 2001 Planning Commission meeting, the Commission directed staff to prepare a Resolution of denial for the mixed -use structure. Thereafter, and prior to the November 20, 2001 Planning Commission meeting, the applicant withdrew the request for the mixed -use structure. 4. Subsequently, the applicant requested a Conditional Use Permit to convert the previously approved 720 square foot stable into a guesthouse and a Variances to permit encroachment with the converted structure, if approved, into the front yard area and into the northeast side yard setback, (which was previously approved for the stable). The applicant wishes to convert the structure to a guesthouse for an occasional overnight stay, (4-5 times a month), by the applicant's driver. 5. The elevation plan shows garage doors on the west and east sides of the existing structure. Staff recommended to the Planning Commission that if the guesthouse is approved, it be conditioned to have the garage doors removed from both sides and that the doors be replaced with a glass sliding door or with a standard door or be totally closed off, as there already exist two standard size doorways, one on the west side and one on the east side of the structure. Staff also recommended that the mechanism for the garage door opener inside the structure be removed. 6. Section 17.16.040 of the Zoning Ordinance requires a Conditional Use Permit for a guesthouse. Section 17.16.210 sets forth conditions for Conditional Use Permit. There are several conditions that apply to a guesthouse, which are attached. One of the conditions is that no driveway or paved area be located within 50 feet of a guesthouse. 7. Currently there exists a driveway that served the original barn. The applicant is proposing to remove a portion of the driveway, between the proposed guesthouse and the area of the future stable and corral and landscape this portion of the lot, designate 1,000 square foot of area in front of the guest house for a future barn and corral and retain the remaining portion of the driveway for future use for the barn. The proposed location of the barn and corral meet the City's requirements for distances from structures and property line, (25 feet from any property line and 35 feet from any residential structures). 8. It has been reported to staff that a drainage problem exists between the subject site and the adjacent property down the slope. The applicant is proposing to construct a drainage device to correct the water run-off from subject site to the adjacent property. Such device may have to be located in the area of the existing driveway, but not in the driveway itself. The City, the RHCA and the L.A. County Public Works Division will review the drainage method and device. 9. The Commission viewed the site on Monday, August 6, 2001 for the original request for a detached garage. 10. The existing house with attached garage was built in 1974. The pool/spa was completed in 1980 following Planning Commission approval of a Variance to permit a swimming pool in the front yard in Zoning Case No. 251. Side yard setbacks at that time were 20 feet in width, and are now 35 feet in width in the RA-S-2 Zone. Approved plans for the previously requested Variances identify the front yard at the north end of ZC No. 643 City Council 1/14/02 the property, along Johns Canyon Road and the rear yard at the southeast part of the lot. 11. The net lot area of this lot is 75,530 square feet. The structural lot coverage proposed is 7,471 square feet or 9.9% (20% maximum permitted) and the total lot coverage proposed is 16,091 square feet or 21.3% (35% maximum permitted). 12. The entire residence is located above Johns Canyon Road. Coverage of the 13,588 square foot residential building pad is 6,101 square feet or 44.9%. Coverage on the 2,640 square foot future stable/guest house building pad will be 1,170 square feet or 44.3%. Total building pad coverage will be 7,471 square feet or 46.1% of the 16,228 square foot building pads. The Planning Commission guideline maximum is 30%. (Currently, the combined pad coverage is at 43.3%). 13. Disturbed area of the lot will be 21.7% of the net lot area, when the future stable is constructed, (40% maximum permitted). The current request does not require additional construction. 14. No grading is proposed for this project. 15. Access to the residence from Johns Canyon Road at the southwest will remain the same. 16. The utilities to the proposed structure are located underground. 17. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the City Council receive and file Resolution No. 2001-26. ZC No. 643 City Council 1/14/02 If VARIANdE'REQUIRED�FINDING A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties In the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which Is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Managdment 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. GUEST HOUSE /SERVANT OUARTERS REOUIREMENTS 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 800 square feet of net floor area. c . No kitchen or other kitchen facilities shall be provided within guest or servant quarters. d. No vehicular access or paved parking area shall be developed within 50 feet of the proposed guest house. e. The property shall be developed and maintained in substantial conformance with the approved site plan on file. f. Occupancy of the proposed guesthouse 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. g. Renting of guesthouses or servant quarters is prohibited. h. All requirements of this tittle must be complied with unless otherwise set forth in the permit or approved plans. i. Landscaping plan shall be submitted to the City or 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 tittle. ZC No. 643 City Council 1/14/02 J Zoning Case No. 643 CRITERIA & MAJOR;IMPACT RA-S-2 Zone Setbacks: Front 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line Structures Grading Disturbed Area (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, any nongraded area where impervious surfaces exist) Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Residential Building Pad Coverage (Guideline maximum of 30%) Stable Building Pad Coverage Combined Building Pads Coverage Roadway access to main house Stable & Corral (Minimum 450 sq.ft. stable and 550 sq.ft. corral permitted) Access to guest house Stable Access (Maximum 25% slope permitted) Preserve Views ZC No. 643 City Council 1/14/02 Existing stable encroaches into the side yard setback and is located in the front yard area. Residence Garage Swim Pool Stable Service Yd. Trellis TOTAL 20 cu.yds cut soil 20 cu.yds fill soil 4,563 sq.ft. 803 sq.ft. 540 sq.ft. 720 sq.ft. 200 sq.ft. 195 sq.ft. 7,021 sq.ft. Variance to encroach into side and front yards plus CUP to convert the stable into a guesthouse. Residence Garage Swim Pool Stable-fut. Service Yd. Trellis Guesthouse (TOTAL No grading 4,563 sq.ft. 803 sq.ft. 540 sq.ft. 450 sq.ft. 200 sq.ft. 195 sq.ft. 720 sq.ft. 7,471 sq.ft 19.8% 21.7% (with future stable/corral) 9.3% 19.9% 20.7% 121.3% 44.9% 144.9%(existing) 144.3%(future stable and proposed 50.0% guest house) 43,3% 146.1% Access from Johns Canyon Road No change at the southwest of this lot. Existing 720 sq.ft. stable N/A Existing stable accessible from Johns Canyon Road on a slope that Is less than 25%. N/A IProposed 450 sq.ft. stable and 550 sq.ft. corral INot allowed within 50 feet of guest house Will use existing approach, when constructed. IPlanning Commission Review • • RESOLUTION NO. 2001-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE TO A GUESTHOUSE, AND DENYING A REQUEST FOR A VARIANCE TO PERMIT THE GUESTHOUSE TO REMAIN IN' THE FRONT YARD AREA AND TO CONTINUE TO ENCROACH INTO THE NORTHEAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 JOHNS CANYON ROAD IN ZONING CASE NO 643. 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 Mrs. Harlyne Norris with respect to real property located at 3 Johns Canyon Road, Rolling Hills (Lot 173-B MS) requesting a conditional use permit to convert an existing stable to a guesthouse and a request for a variance to permit the guesthouse to remain .in the front yard area and to encroach into the northeast side yard setback, at an existing single family residence. Section 2. On May 6, 2000, the Planning Commission approved a Variance to enlarge the then existing 400 square foot stable to 720 square feet, a portion of which was to be located in the front yard area and approved a Variance to permit encroachment of the enlarged stable of up to 6 feet into the 35 foot northeast side yard setback. During the course of construction, it was noticed that the stable addition was not in accordance with the originally approved application for an enlarged stable. Section 3. In July 2001, the applicant submitted a request for a CUP to convert the existing stable into a detached garage. During the course of the public. hearings the applicant withdrew the request for the detached garage. Afterwards, the applicant submitted a revised request to convert the existing stable into a mixed -use structure to be used as a garage and an office. At the October 16, 2001 Planning Commission meeting, the Commission directed staff to prepare a Resolution of denial for the mixed -use structure. Subsequently, and prior to the November 20`h• Planning Commission meeting, the applicant withdrew the request for the mixed -use structure, and applied for a Conditional Use Permit to convert the existing structure to a guesthouse. At the November 20, 2001 meeting, the Planning Commission directed staff to prepare a Resolution to deny the request for a Conditional Use Permit to convert the stable into a guesthouse. • • Section 4. The Planning Commission conducted duly noticed public hearings to consider the various applications on July 17, 2001, August 21, 2001, September 18, 2001, October 16, 2001, November 20, 2001, and at a field trip visit on August 6, 2001. The applicant was 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's representative was in attendance at the hearings. Section 5. The Planning Commission finds that the project qualifies as a Class 1 Exemption (State CEQA Guidelines, Section 15301) and is therefore categorically exempt from further environmental review under the California Environmental Quality Act. Section 6. Sections 17.16.210(A)(5) of the Rolling Hills Municipal Code permits approval of a guesthouse as a conditional use under certain conditions. The applicants are requesting to convert a previously approved 720 square feet stable to a guesthouse located at the eastern portion of the lot. 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 construction of a guesthouse would not be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will not be desirable for the public convenience and welfare because the use is not consistent with similar uses in the community, and the area proposed for the guesthouse would be located in an area on the property where such use will not be convenient for use as a guest house. The structure is located on a lower ground from the main residence and approximately 150 feet therefrom. The access from the guesthouse to the main residence is limited to a four -foot pathway developed with railroad tie steps. B. The nature, condition, and development of adjacent uses, buildings, and .structures have been considered, and the conversion to a guesthouse will adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed guesthouse is not of sufficient distance from nearby residences and will impact the privacy of surrounding neighbors. • C. Although the project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences and is located on a 2.8 acre parcel of property that is adequate in size, shape and topography to accommodate such use, such use will be isolated from the main house and visible from the main street. The potential lights and noise from such use may be detrimental to the neighbors. D. The proposed conditional use does not comply with all applicable development standards of the zone district in which it is located, because the 720 square foot proposed guesthouse would encroach into the side yard setback and would be located in the front yard of the property. • • E. The proposed conditional use conflicts with the spirit and intent of Title 17 of the Zoning Code because a stable structure and adjacent corral would be located immediately adjacent to the guesthouse. Section 7. Section 17.12.250(Y) states that required yards must be unobstructed and unoccupied, except as otherwise provided in the Zoning Code. In addition, accessory structures may not be located in the front yard .The applicant is requesting a Variance to allow the proposed guesthouse to remain in the front yard area and to continue to encroach into the side yard setback, as was approved by a Variance for the stable. With respect to this request for the Variances, the Planning Commission denies the request for the Variances, as the variances are contingent on the approval of the Conditional Use Permit. Section 8. Based upon the foregoing findings, the Planning Commission hereby denies the Conditional Use Permit and Variances applications for Zoning Case No. 643 for the conversion of an existing barn to a guesthouse and to allow the proposed guesthouse to remain in the front yard and in the side yard setback at an existing single family residence as shown on the development plan incorporated herein as Exhibit A. PASSED, APPROVED AND ADOPTED THIS 18m DAY OF DECEMBER 2001. • ALLAN ROBERTS, CHAIRMAN • ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2001-26 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE TO A GUESTHOUSE, AND DENYING A REQUEST FOR A VARIANCE TO PERMIT THE GUESTHOUSE TO REMAIN IN THE FRONT YARD AREA AND TO CONTINUE TO ENCROACH INTO THE NORTHEAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 JOHNS CANYON ROAD IN ZONING CASE NO 643. was approved and adopted at a regular meeting of the Planning Commission December 18, 2001, by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer and Chairman Roberts. NOES: Commissioner Witte. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: • Administrative Offices. . ...0 DEPUTY CITY CLERK DATE: TO: FROM: • City ofieeen9 DECEMBER 18, 2001 • 6113 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PRINCIPAL PLANNER APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST ZONING CASE NO. 643 3 JOHNS CANYON ROAD (LOT 173-B-MS) RAS-2, 2.189 ACRES MRS. HARLYNE NORRIS MR. RUSSELL E. BARTO, AIA NOVEMBER 10, 2001 Request for a Conditional Use Permit to convert an existing stable to a guest house and request for a Variance to permit the guest house to remain in the front yard area and to encroach into the northeast side yard setback. BACKGROUND The Planning Commission at the November 20, 2001 meeting directed staff to prepare a Resolution of denial regarding a Conditional Use Permit to convert an existing stable to a guest house and request for a Variance to permit the guest house to remain in the front yard area and to encroach into the northeast side yard setback. The vote was 3-2. The Commission waived a field trip to this site, as the Commission viewed the project in August 2001, for an application for a detached garage. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2001-26, which is attached, denying Zoning Case No. 643. ®Punted on Recycled Paper. • • RESOLUTION NO. 2001-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE TO A GUESTHOUSE, AND DENYING A REQUEST FOR A VARIANCE TO PERMIT THE GUESTHOUSE TO REMAIN IN THE FRONT YARD AREA AND TO CONTINUE TO ENCROACH INTO THE NORTHEAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 JOHNS CANYON ROAD IN ZONING CASE NO 643. 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 Mrs. Harlyne Norris with respect to real property located at 3 Johns Canyon Road, Rolling Hills (Lot 173-B MS) requesting a conditional use permit to convert an existing stable to a guesthouse and a request for a variance to permit the guesthouse to remain in the front yard area and to encroach into the northeast side yard setback, at an existing single family residence. Section 2. On May 6, 2000, the Planning Commission approved a Variance to enlarge the then existing 400 square foot stable to 720 square feet, a portion of which was to be located in the front yard area and approved a Variance to permit encroachment of the enlarged stable of up to 6 feet into the 35 foot northeast side yard setback. During the course of construction, it was noticed that the stable addition was not in accordance with the originally approved application for an enlarged stable. Section 3. In July 2001, the applicant submitted a request for a CUP to convert the existing stable into a detached garage. During the course of the public hearings the applicant withdrew the request for the detached garage. Afterwards, the applicant submitted a revised request to convert the existing stable into a mixed -use structure to be used as a garage and an office. At the October 16, 2001 Planning Commission meeting, the Commission directed staff to prepare a Resolution of denial for the mixed -use structure. Subsequently, and prior to the November • 20t'• Planning Commission meeting, the applicant withdrew the request for the mixed -use structure, and applied for a Conditional Use Permit to convert the existing structure to a guesthouse. At the November 20, 2001 meeting, the Planning Commission directed staff to prepare a Resolution to deny the request for a Conditional Use Permit to convert the stable into a guesthouse. • • Section 4. The Planning Commission conducted duly noticed public hearings to consider the various applications on July 17, 2001, August 21, 2001, September 18, 2001, October 16, 2001, November 20, 2001, and at a field trip visit on August 6, 2001. The applicant was 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's representative was in attendance at the hearings. Section 5. The Planning Commission finds that the project qualifies as a Class 1 Exemption (State CEQA Guidelines, Section 15301) and is therefore categorically exempt from further environmental review under the California Environmental Quality Act. Section 6. Sections 17.16.210(A)(5) of the Rolling Hills Municipal Code permits approval of a guesthouse as a conditional use under certain conditions. The applicants are requesting to convert a previously approved 720 square feet stable to a guesthouse located at the eastern portion of the lot. 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 construction of a guesthouse would not be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will not be desirable for the public convenience and welfare because the use is not consistent with similar uses in the community, and the area proposed for the guesthouse would be located in an area on the property where such use will not be convenient for use as a guest house. The structure is located on a lower ground from the main residence and approximately 150 feet therefrom. The access from the guesthouse to the main residence is limited to a four -foot pathway developed with railroad tie steps. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the conversion to a guesthouse will adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed guesthouse is not of sufficient distance from nearby residences and will impact the privacy of surrounding neighbors. C. Although the project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences and is located on a 2.8 acre parcel of property that is adequate in size, shape and topography to accommodate such use, such use will be isolated from the main house and visible from the main street. The potential lights and noise from such use may be detrimental to the neighbors. D. The proposed conditional use does not comply with all applicable development standards of the zone district in which it is located, because the 720 square foot proposed guesthouse would encroach into the side yard setback and would be located in the front yard of the property. • • E. The proposed conditional use conflicts with the spirit and intent of Title 17 of the Zoning Code because a stable structure and adjacent corral would be located immediately adjacent to the guesthouse. Section 7. Section 17.12.250(Y) states that required yards must be unobstructed and unoccupied, except as otherwise provided in the Zoning Code. In addition, accessory structures may not be located in the front yard .The applicant is requesting a Variance to allow the proposed guesthouse to remain in the front yard area and to continue to encroach into the side yard setback, as was approved by a Variance for the stable. With respect to this request for the Variances, the Planning Commission denies the request for the Variances, as the variances are contingent on the approval of the Conditional Use Permit. Section 8. Based upon the foregoing findings, the Planning Commission hereby denies the Conditional Use Permit and Variances applications for Zoning Case No. 643 for the conversion of an existing barn to a guesthouse and to allow the proposed guesthouse to remain in the front yard and in the side yard setback at an existing single family residence as shown on the development plan incorporated herein as Exhibit A. PASSED, APPROVED AND ADOPTED THIS 18m DAY OF DECEMBER 2001. ALLAN ROBERTS, CHAIRMAN Al" JEST: MARILYN KERN, DEPUTY CITY CLERK • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2001-26 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING STABLE TO A GUESTHOUSE, AND DENYING A REQUEST FOR A VARIANCE TO PERMIT THE GUESTHOUSE TO REMAIN IN THE FRONT YARD AREA AND TO CONTINUE TO ENCROACH INTO THE NORTHEAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 JOHNS CANYON ROAD IN ZONING CASE NO 643. was approved and adopted at a regular meeting of the Planning Commission December 18, 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK DATE: • TO: FROM: • City ./ NOVEMBER 20, 2001 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PRINCIPAL PLANNER APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST ZONING CASE NO. 643 3 JOHNS CANYON ROAD (LOT 173-B-MS) RAS-2, 2.189 ACRES MRS. HARLYNE NORRIS MR. RUSSELL E. BARTO, AIA NOVEMBER 10, 2001 Request for a Conditional Use Permit to convert an existing stable to a guest house and request for a Variance to permit the guest house to remain in the front yard area and to encroach into the northeast side yard setback. BACKGROUND 1. A 400 square foot stable existed on site since 1974. In May 2000, the Planning Commission approved Variances to enlarge the then existing 400 square foot stable to 720 square feet, a portion of which was to be located in the front yard area and a portion of which would encroach up to 6 feet into the 35 foot northeast side yard setback. 2. In July 2001, the applicant submitted a request for a CUP to convert the existing stable into a detached garage. During the course of the public hearings the applicant withdrew the request for the detached garage. Afterwards the applicant submitted a revised request to convert the existing stable into a mixed -use structure to be used as a garage and an office. At the October 16, 2001 Planning Commission meeting, the Commission directed staff to prepare a Resolution of denial for the mixed -use structure. Subsequently, and prior to the November 20, 2001 Planning Commission meeting, the applicant withdrew the request for the mixed -use structure. 3. The applicant is currently requesting a Conditional Use Permit to convert a previously approved 720 square foot stable into a guest house and a Variances to permit encroachment with the converted structure, if approved, into the front yard area and into the northeast side yard setback, (which was previously approved for the stable). The applicant wishes to convert the structure to a guesthouse for an occasional overnight stay, (4-5 times a month), by the applicant's driver. A letter explaining the ZC. No. 643 Plng.Comm. 11/20/01 1 Printed on Recycled Paper. • • current proposal is attached. The applicant's representative is requesting that the Commission waive the field visit, since the Commission is familiar with the site. 4. The elevation plan shows garage doors on the west and east sides of the existing structure. The Commission may wish to condition the request for a guest house, if approved, that the garage doors be removed from both sides and either be replaced with a glass sliding door, replaced with a standard door or totally closed off, as there already exist two standard size doorways, one on the west side and one on the east side of the structure. The mechanism for the garage door opener inside the structure should also be removed. 5. Section 17.16.040 of the Zoning Ordinance requires a Conditional Use Permit for a guesthouse. Section 17.16.210 sets forth conditions for Conditional Use Permit. There are several conditions that apply to a guest house, which are attached. One of the conditions is that no driveway or paved area is located within 50 feet of a guesthouse. 6. Currently there exists a driveway that served the original barn. The applicant is proposing to remove a portion of the driveway, between the proposed guest house and the area of the future stable and corral and landscape this portion of the lot, designate 1,000 square foot of area in front of the guest house for a future barn and corral and retain the remaining portion of the driveway for future use for the barn. The proposed location of the barn and corral meet the City's requirements for distances from structures and property line, (25 feet from any property line and 35 feet from any residential structures). 7. It has been reported to staff that a drainage problem exists between the subject site and the adjacent property down the slope. The applicant is proposing to construct a drainage device to correct the water run-off from subject site to the adjacent property. Such device may have to be located in the area of the existing driveway, but not the driveway itself. The City, the RHCA and the L.A. County Public Works Division will have to approve the drainage method and device. 8. The Commission viewed the site on Monday, August 6, 2001 for the original request for a detached garage. 9. The existing house with attached garage was built in 1974. The pool/spa was completed in 1980 following Planning Commission approval of a Variance to permit a swimming pool in the front yard in Zoning Case No. 251. Side yard setbacks at that time were 20 feet in width, and are now 35 feet in width in the RA-S-2 Zone. Approved plans for the previously requested Variances identify the front yard at the north end of the property, along Johns Canyon Road and the rear yard at the southeast part of the lot. 10. The net lot area of this lot is 75,530 square feet. The structural lot coverage proposed is 7,471 square feet or 9.9% (20% maximum permitted) and the total lot coverage proposed is 16,091 square feet or 21.3% (35% maximum permitted). 11. The entire residence is located above Johns Canyon Road. Coverage of the 13,588 square foot residential building pad is 6,101 square feet or 44.9%. Coverage on the 2,640 ZC. No. 643 Plng.Comm. 11/20/01 2 % • • square foot future stable/guest house building pad will be 1,170 square feet or 44.3%. Total building pad coverage will be 7,471 square feet or 46.1% of the 16,228 square foot building pads. The Planning Commission guideline maximum is 30%. (Currently, the combined pad coverage is at 43.3%). 12. Disturbed area of the lot will be 21.7% of the'net lot area, when the future stable is constructed, (40% maximum permitted). The current request does not require additional construction. 13. No grading is proposed for this project. 14. Access to the residence from Johns Canyon Road at the southwest will remain the same. 15. The utilities to the proposed structure are located underground. 16. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission review the staff report, take public testimony, and direct staff as appropriate. ZC. No. 643 Plng.Comm. 11/20/01 3 • • VARIANCE REQUIRED FINDINGS A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. GUEST HOUSE /SERVANT QUARTERS REQUIREMENTS 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 800 square feet of net floor area. c . No kitchen or other kitchen facilities shall be provided within guest or servant quarters. d. No vehicular access or paved parking area shall be developed within 50 feet of the proposed guest house. e. The property shall be developed and maintained in substantial conformance with the approved site plan on file. f. 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. g. Renting of guest houses or servant quarters is prohibited. h. All requirements of this tittle must be complied with unless otherwise set forth in the permit or approved plans. i. Landscaping plan shall be submitted to the City or 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 tittle. ZC. No. 643 Plng.Comm. 11/20/01 4 Zoning Case No. 643 CRITERIA & MAJOR IMPACTS RA-S-2 Zone Setbacks: Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line Structures Grading Disturbed Area (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, any nongraded area where impervious surfaces exist) Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Residential Building Pad Coverage (Guideline maximum of 30%) Stable Building Pad Coverage Total Building Pad Coverage Roadway access to main house Stable & Corral (Minimum 450 sq.ft. stable and 550 sq.ft. corral permitted) Access to guest house Stable Access (Maximum 25% slope permitted) Preserve Views EXISTING Existing stable encroaches into the side yard setback and is located in the front yard area. Residence 4,563 sq.ft. Garage 803 sq.ft. Swim Pool 540 sq.ft. Stable 720 sq.ft. Service Yd. 200 sq.ft. Trellis 195 sq.ft. TOTAL 20 cu.yds cut soil 20 cu.yds fill soil PROPOSED Variance to encroach into side and front yards plus CUP to convert the stable into a quest house. Residence 4,563 sq.ft. Garage 803 sq.ft. Swim Pool 540 sq.ft. Stable -future 450 sq.ft. Service Yd. 200 sq.ft. Trellis 195 sq.ft. Guesthouse 720 sq.ft. 7,021 sq.ft. TOTAL 7,471 sq.ft No grading 19.8% 21.7% (with future stable/corral) 9.3% 20.7% 44.9% 9.9% 21.3% 44.9%(existing) 44.3%(future stable and proposed 50.0% guest house) 46.8% Access from Johns Canyon Road at the southwest of this lot. Existing 720 sq.ft. stable N/A Existing stable accessible from Johns Canyon Road on a slope that is Tess than 25%. N/A ZC. No. 643 P1ng.Comm. 11/20/01 5 44.7% No change Proposed 450 sq.ft. stable and 550 sq.ft. corral Not allowed within 50 feet of guest house Will use existing approach, when constructed. Planning Commission Review Russell E. Barto • AIA • Architect 3 Malaga Cove Plaza • Suite 202 • Palos Verdes Estates • California • 90274 • (310) 378-1355 November 6, 2001 Yolanta Schwartz City of Rolling Hills 2 Portuguese Bend Road Rolling Hills CA 90274 RE: 3 Johns Canyon Road Rolling Hills Dear Ms. Schwartz: In light of the Planning Commission's actions at the October meeting, we wish to withdraw our application for a mixed use facility and re -apply for conversion of the existing barn to a guesthouse. The original applications (for a detached garage and later for a mixed use facility) contemplated vehicle storage in the converted barn. The new application eliminates the driveway, thereby eliminating vehicle storage; the vehicle will be stored off site and occasionally parked adjacent to the existing garage at the main house. The converted barn building will be used for occasional (about 4-5 times per month) overnight stays by Mrs. Norris' driver. Her driver lives with his family about 2-1/2 hours away. Guesthouse application materials are attached. Please note on the plot plan that the future barn and corral locations have been moved so that they are 35' from the guesthouse. Since the Planning Commission has already visited the project site, we request that the guesthouse application be heard and acted upon at the November meeting. Thank you very much for your assistance. Very truly yours, Russell E. Barto, AIA Applicant's Representative