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853, Construct a new stable and cor, Staff ReportsAgenda Item No: 4-B Mtg. Date: 06-09-14 MEMORANDUM TO RECUSE TO: Honorable Mayor and Members of the City Council FROM: Heidi Luce, City Clerk SUBJECT: Planning Commission Resolution No. 2014-09 Zoning Case No. 853 - 6 Portuguese Bend Road DATE: June 9, 2014 Due to the proximity of his property to the subject property, Mayor Pro Tem Pieper should recuse himself from consideration of Zoning Case No. 853 at 6 Portuguese Bend Road. He may however, take a seat in the audience and participate as a resident. • • 0-4(Ra&rif qice4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 4-B Mtg. Date: 06/09/14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR l� THROUGH: RAYMOND R. CRUZ, CITY MANAGER AO& (JJ SUBJECT: RESOLUTION NO. 2014-09. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (CUP) FOR THE CONSTRUCTION OF A STABLE AND CORRAL AND 700 CUBIC YARD GRADING MODIFICATION AND A VARIANCE FOR NOT TO EXCEED 3' HIGH PLANTER WALL IN THE FRONT SETBACK, IN ZONING CASE NO. 853, (LOT 22-RH), AT 6 PORTUGUESE BEND ROAD, ROLLING HILLS, CA. (CHANG). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicants Mr. and Mrs. Tsern-Shi Chang request a Conditional Use Permit to construct a stable and corral, a Site Plan Review for grading modification of 700 total cubic yards of dirt and a Variance to locate a short planter wall, not to exceed between 6" curb to 3-feet, in the front setback. The stable is proposed to be 450 square feet with a 550 square foot corral. 3. The Planning Commission unanimously approved the project and adopted the enclosed Resolution, finding that the project is compatible with the area and location, is not obtrusive or massive; that the project would not cause the lot to be overbuilt; and that the applicants further City's objectives by maintaining rural environment and equestrian facility. El) • • The attached Resolution No. 2014-09 contains standard findings and facts and conditions for a stable and the modification. BACKGROUND 5. On July 8, 2013, after taking Zoning Case No. 830 under jurisdiction, the City Council adopted Resolution No. 1148, upholding the Planning Commission's decision of approval for a new 4,527 square foot residence with 1,077 square foot garage, 479 square foot covered porches, service yard and future stable on subject property. The disturbed area of 39.9% for the stable and corral was included in the approval for the house, however, with the subject modification, the disturbed area has been reduced to 35.0%. The set aside area for a stable and corral was approved at the time the residence was approved. 6. The property is zoned RAS-1 and is located on the corner of Portuguese Bend Road and Saddleback Road. Not including the roadway easements, the lot is 1.20 acres. For development purposes the net lot area of the lot is 41,704 square feet or 0.95 acres. 7. The proposed stable and corral will be located to the south of the residence, and will be accessed by a 10' wide gravel or D.G. (decomposed granite) pathway from Saddleback Road. The stable and corral will be located in the rear setback, 25 feet from the rear property line, which is allowed for stables and corrals only, and will be 48' from the residence. 8. The Traffic Commission reviewed the stable access approach from Saddleback Road on March 27, 2014 and recommended approval of a 10' wide access. MUNICIPAL CODE COMPLIANCE 9. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter 17.18. The proposed stable will be one-story, and will consist of 1 stall, feed area, horse wash area and tack room. The corral is proposed to be 550 square feet. Pursuant to the zoning code requirements the following is applicable to this request: REQUIREMETNS Not less than 6' wide roughened access. Stable, corral not to be located on slopes greater than 4:1. Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure. PROPOSED Proposed 10' wide gravel or D.G. access. Grading, including the residence, for a total of 700 c.y. Stable and corral comply. 48' to residential structure -on subject property & 105' to nearest neighbor's house. ZC NO.853 e • Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items. Size to include the entire footprint including loft, if any. Minimum of 60% shall be maintained for agricultural uses. Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room. Tack room may have sanitary and kitchenette amenities. Tack room may have glazed openings. Entry doors to agricultural space to be min. 4'wide & 8' high; appearance of a stable door. Loft may be permitted. I Loft plate height may not exceed 7'. Exterior area of stables may not to be paved. Corral shall be fenced. Access not to exceed 25%. Corral to be contiguous to stable. Planning Commission may determine the size of a coral based on the size of the stable. Commercial uses or sleeping is not allowed. Building is proposed to look like a stable anc be used for a stable. 450 sq.ft., no loft Agricultural spaces, including feed, horse wash, stall and covered isle will be 383 sq.ft. or 85.1%. Tack room comprises 67 square feet or 14.9% of the size of the structure No bathroom or kitchenette proposed at this time Windows in tack room. Condition of approval. No loft. No loft Proposed gravel or D.G. Fenced corral proposed Access proposed bt. 10% and 12.5% grade. 550 s.f. corral contiguous to stable. Applicant is not proposing any commercial uses or sleeping in the stable. 10. The applicants engineer is proposing a modification to the previously proposed and approved grading scheme. With an addition of not to exceed 3' high planter wall along the side and front of the residence, less area would be graded, and therefore less area disturbed than previously approved. The disturbed lot area was approved at 16,648 square feet or 39.9%. The applicant is proposing to disturb 14,586 square feet of the lot for 34.97% disturbance, leaving the knoll along a portion of the area fronting Portuguese Bend Road undisturbed and in natural condition. 11. The proposed height of the stable will be 12'5" at the highest ridge and the roof will match the house at 4:12 roof pitch. 12. Utility lines to the stable and residence will be placed underground. 13. One building pad consisting of 8,229 square feet will be created. The coverage on this pad including all structures, minus the allowed deductions will be 6,179 square feet or 75.1%, as previously approved -(30% max. -guideline). The flat area extends into the setback but it is not counted towards the building pad area. However that portion of the house that encroaches into setbacks is calculated towards building pad coverage. ZC NO. 853 • • Much of the remaining of the lot, adjacent to the building pad area, is 11-12% in slope giving most of the lot a natural undulated look. 14. The structural net lot coverage is proposed at 6,631 square feet or 15.9% (20% max. permitted); and the total lot coverage proposed will be 11,867 square feet or 28.5% (35% max. permitted). 15. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for a Site Plan Review, Variance and Conditional Use Permit, and must find that the proposed uses are consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the uses will not adversely affect adjacent properties. 16. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZONING CASE NO. 853 SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easement RESIDENCE Side: 20 ft. from side property line Rear: 50 ft. from rear property line STRUCTURES (Site Plan Review required if size of structure increases by 1,000 sq.ft.or more in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) Residence Garage Porch Stable Trellis Service EXISTING SINGLE FAMILY 1,924 sq.ft. 408 sq.ft 385 sq.ft 0 sq.ft. 46 sq.ft. 102 sq.ft. proposed (house approved previously) NEW STABLE/CORRAL Residence 4,527 sq.ft. Garage 1,077 sq.ft. Stable- 450 sq.ft. Service yard 98 sq.ft. Porches 479 sq.ft. TOTAL 2,457 sq.ft. TOTAL 6,631 sq.ft. 5.5% 6,631 sq.ft.=15.9% of 41,704 sq.ft. net lot area TOTAL LOT COVERAGE 15.5% (35% maximum) BUILDING PADS (30% guideline) 74.6% on 3,293 sq.ft. pad Residential /Stable/Pool pad GRADING N/A Site Plan Review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq.ft.) 12,867 sq ft. = 28.5% of 41,704 sq.ft. net lot area 6,179 sq.ft. =75.1% w/ allowances on 8,299 sq.ft. pad 350 c.y. cut and 350 c.y. fill, balanced on site ZC NO.853 SITE PLAN REVIEW DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS (to the house) VIEWS PLANTS AND ANIMALS ZC NO. 853 EXISTING 21.3% N/A N/A Existing driveway approach N/A N/A proposed (house approved previously) 14,586 sq.ft. or 35.0% of 41,704 sq.ft. net lot area. (previously approved- 16,648 sq.ft. or 39.9%) 450 sq.ft. stable & 550 sq.ft. corral From Saddleback Rd. Existing driveway approach to be moved and widened Planning Commission review Planning Commission review SITE PLAN REVIEW CRITERIA 11.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 11.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 11.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; ZC NO.853 • • B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 853 0 • , THIS PAGE INTENTIONALLY LEFT BLANK • • RESOLUTION NO. 2014-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (CUP) FOR THE CONSTRUCTION OF A STABLE AND CORRAL AND 700 CUBIC YARD GRADING MODIFICATION AND A VARIANCE FOR NOT TO EXCEED 3' HIGH PLANTER WALL IN THE FRONT SETBBACK, IN ZONING CASE NO. 853, (LOT 22-RH), AT 6 PORTUGUESE BEND ROAD, ROLLING HILLS, CA. (CHANG). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Tsern-Shi Chang with respect to real property located at 6 Portuguese Bend Road requesting a Conditional Use Permit to construct a stable and corral, a Site Plan Review for grading modification of 700 total cubic yards of dirt and a Variance to locate a short planter wall in the front setback. The stable is proposed to be 450 square feet with a 550 square foot corral. Section 2 This proposal is subject to the 2010 adopted stable ordinance, which requires that all new stables over 200 square feet and corrals over 550 square feet be reviewed under the Conditional Use Permit process. Section 3. On July 8. 2013, after taking Case No. 830 under jurisdiction, the City Council adopted Resolution No. 1148, upholding the Planning Commission's decision of approval for a new 4,527 square foot residence with 1,077 square foot garage, 479 square foot covered porches, service yard and future stable. The disturbed area of 39.9% for the stable and corral was included in the approval for the house, however, with the subject modification, the disturbed area has been reduced to 35.0%. Section 4. The property is zoned RAS-1 and is located on the corner of Portuguese Bend Road and Saddleback Road. Not including the roadway easements, the lot is 1.20 acres. For development purposes the net lot area of the lot is 41,704 square feet or 0.95 acres. Section 5. The proposed stable and corral will be located to the south of the residence with access by a 10' wide gravel or D.G. (decomposed granite) pathway from Saddleback Road. The stable and corral will be located in the rear setback, 25 feet from the rear property line, which is allowed for stables and corrals only, and will be 48' from the residence. 1 • Section 6. The Traffic Commission reviewed the stable access approach from Saddleback Road on March 27, 2014 and recommended approval of a 10' wide access. Section 7. The Planning Commission conducted duly noticed public hearings on the subject application on April 15, 2014 in the field and in the evening of that day. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and applicant's representative were in attendance at the hearings. Section 8. The Planning Commission finds that the project qualifies as a Class 3 categorical exemption from environmental review under the California Environmental Quality Act in that the proposal involves the construction of a new small structure (stable). Section 9. Section 17.18 of the Rolling Hills Municipal Code permits approval of a stable over 200 square feet and a corral over 550 square feet, provided the Planning Commission approves a Conditional Use Permit. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the construction of the stable would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, meets all the applicable code development standards for a stable, and the area is located in an area on the property that is adequately sized to accommodate the stable and adjoining corral. The proposed structure is appropriately located in that it will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters both on and off the project site. B. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed stable and corral orientation is not towards neighbors and its general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. No objections were received from nor did any adjacent or nearby neighbors attend the field trip meeting. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the stable complies with the low profile residential development pattern of the community and will not give the property an over -built look. The lot is sufficiently large to accommodate the proposed structure. The corral will maintain an open area of the property. • D. The proposed conditional use complies with all applicable development standards of the zone district and requires a Conditional Use Permit pursuant to Section 17.18 of the Zoning Ordinance. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. Section 10. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any building or structure may be constructed. With respect to the Site Plan Review application for the grading in the front of the lot, the Planning Commission finds as follows: A. The proposed development is consistent with General Plan goals and policies and compatible with surrounding uses in that is a low profile, low -density residential development with sufficient open space between surrounding structures. The net lot area for development purposes is 41,704 square feet. The project will comply with both structural and combined structural/flatwork lot coverage limits, respectively of 20 and 35 %. The development conforms to Zoning Code standards and objectives, except that the proposed grading modification will require construction of a planter wall within the front yard setback, requiring a Variance. As a result of the grading modification an existing knoll will be retained at the front of the home, which will enhance privacy and decrease the amount of lot disturbance from 39.9% to 35.0%. The construction of a stable and corral is consistent with the Municipal Code and promotes the equestrian character of the Community which is a primary goal of the General Plan. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the lot to look overdeveloped. The applicant is utilizing an area of the lot to develop the stable and corral that has the least amount of slope. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed stable and corral and planter wall structures will be constructed on a portion of the lot which is least intrusive to surrounding properties and are a sufficient distance from nearby residences. C. The proposed project is compatible with the policies and goals of the General Plan and the objectives of the Zoning Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict grading practices to preserve the community's natural terrain. The Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of soil, 3 • except under special circumstances applicable to a property and with a discretionary permission by the Planning Commission. The project conforms to all grading requirements, Zoning Code setbacks, (equestrian uses are allowed to encroach into the rear setback) and lot coverage requirements. D. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood and will substantially utilize the existing relatively flat area for the new stable construction. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles. As noted in Section 6 the new stable access approach off Saddleback Road has been approved by the City's Traffic Commission. Section 11. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.150 F and G is required to construct a maximum 3-foot high wall along the side and front of the residence to retain a knoll and reduce the disturbed area within the front setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other properties or class of use in the same vicinity and zone. The subject property, together with the adjoining properties, was developed on a small building pad with relatively steep slopes descending from Portuguese Bend Road. The proposed wall is necessary in the front yard to retain a knoll, thereby minimizing disturbance of the lot within the front yard setback area along almost the entire front and leading edge of the home previously approved. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Planning Commission considered the request for this Variance and reviewed the size and shape of the lot and the proposed development on the lot. The Planning Commission, after consideration and discussion, came to the conclusion that the size and configuration of the lot (being triangular in shape) as well as slope conditions in the front yard support the granting of the Variance. By granting this Variance the City is not setting a precedent for similar requests in the future because it makes its 4 • • determination on the unique characteristics of this property and the current circumstances. C. The granting of the Variance to allow a maximum 3 foot tall wall in the front yard area would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. In addition the subject wall will enable an existing knoll feature to remain and reduce the disturbed area of the lot. The additional graded area and wall are on a portion of the lot which is not intrusive to surrounding properties, and will provide screening from nearby residences and from the street so that the graded condition will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner consistent with the goals and policies of the General Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or the General Plan. Rather, the variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity, where the topography of the lots dictate grading requirements for property development. The height of the proposed wall (3 feet maximum) is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. E. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. F. 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. Section 12. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 853 including a Site Plan Review and Conditional Use Permit to allow a new stable and corral and a Variance to allow a maximum 3 foot tall wall within the front yard setback, subject to the following conditions: A. The Site Plan, Conditional Use Permit and Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.38.080 and 17.42.070 and 17.44.070, unless otherwise extended pursuant to the requirements of this section. • • B. It is declared and made a condition of this approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated March 19, 2014 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Variance, Site Plan Review and CUP approvals, herein as applicable, shall be incorporated into the building permit working drawings and complied with prior to issuance of a building permit from the building department. E. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. Structural lot coverage of the lot shall not exceed 6,631 square feet or 15.9% of the net lot area, in conformance with lot coverage limitations (20% maximum). G. The total lot coverage proposed, including structures and flatwork shall not exceed 12,867 square feet or 28.5%, of the net lot area, in conformance with lot coverage limitations (35% max). H. The disturbed area shall not exceed 35% of the net lot area and the grading shall consist of 350 cubic yards of cut and 350 cubic yards of fill, balanced on site. No import or export of dirt shall be permitted, except that export of dirt from excavation activities is allowed. I. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property. J. All utility lines to the stable shall be placed underground, subject to all applicable standards and requirements. 6 • • K. A drainage plan, shall be prepared and approved by Building and Safety Drainage Engineer prior to issuance of a construction permit. Such plan shall be subject to County Code requirements and an approved copy submitted to the City. L. The property owners shall comply with the requirements of the Zoning Ordinance pertaining to roof covering (RHMC 17.16.190). M. The stable and corral shall comply with all standards and requirements of the Zoning Ordinance (RHMC 17.18) including but not necessarily limited to the following: 1. The stable and corral (including encircling fence) shall not be closer than 25-feet from the rear property line and shall maintain a distance of 35-feet to the residence. 2. The corral shall be pervious and if not in use for equestrian activities must remain pervious and may not be paved. The corral area shall be encircled or otherwise delineated by the applicant by installing a three rail fence, subject to the requirements of the Zoning Ordinance. 3. The stable uses are subject to the requirements of Section 17.18 of the RH Zoning Ordinance. N. The access approach to the stable and the corral area shall be taken from Saddleback Road and constructed in conformity with the plan approved by the Rolling Hills Traffic Commission on March 27, 2014, and shall have: a minimum width of 10 feet, impervious surface that is roughened in the apron area near Saddleback Road, a maximum slope of 25%, and a maximum slope of 7% within the first 20 feet. O. All graded areas (other than corral) shall be landscaped for erosion control. Any new trees introduced for this project shall be of species that at full growth will not be taller than the ridge line of the stable and shall be maintained at that height at all times. If landscaping of 5,000 square foot area or greater, other than the existing trees, is introduced for the stable and corral area, the landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance. P. Perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. Q. 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit prior to start of work. • R. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. S. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. T. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management. U. The conditions of approval specified herein shall be printed on the construction plans submitted to the RHCA and building department for plan check and permitting. V. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional grading or structural development shall require the filing of a new application for approval by the Planning Commission. W. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. X. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED,A PPROV WAND ADOPTED THIS 20th DAY OF MAY 2014. AD CHLLF, C AH IRMA HEIDI LUCE, CITY CLERK • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2014-09 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (CUP) FOR THE CONSTRUCTION OF A STABLE AND CORRAL AND 700 CUBIC YARD GRADING MODIFICATION AND A VARIANCE FOR NOT TO EXCEED 3' HIGH PLANTER WALL IN THE FRONT SETBBACK, IN ZONING CASE NO. 853, (LOT 22-RH), AT 6 PORTUGUESE BEND ROAD, ROLLING HILLS, CA. (CHANG). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at regular meeting of the Planning Commission on May 20, 2014 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick, Mirsch, Smith and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices lgaAcbfiuto HEIDI LUCE CITY CLERK r • .gest ai Rd/4/-9 qte4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4E Mtg. Date: 04-15-14FT TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 853 6 PORTUGUESE BEND ROAD (LOT 22-RH) RA-S-1, 1.20 ACRES (EXCL. ROADWAY EASEMENTS) MR. AND MRS. TSERN-SHI CHANG MANNY MONTES, WPNA ARCHITECTURE APRIL 3, 2014 REQUEST AND RECOMMENDATION 1. The applicants, Mr. and Mrs. Chang, request a Conditional Use Permit to construct one story, 450 square foot stable with 550 square foot corral. Access to the stable will be from Saddleback Road. The grading for the residence of 350 cubic yards of dirt and the location of the stable was previously approved as part of a Site Plan Review for the new residence. The applicant is also requesting a modification to the previously approved plan for grading consisting of total of 700 cubic yards of dirt, and construct a not to exceed 3' high planter wall along the side and front of the residence in order to reduce the disturbed area of the lot and retain the knoll along the front of the proposed house along portion of Portuguese Bend Road. The short wall would be in the front setback, therefore requires a Variance. 2. It is recommended that the Planning Commission review the staff report, view the project in the field, open the public hearing and continue the hearing to the evening meeting on Wednesday, April 16, or provide other direction to staff. ZC No. 853 • • BACKGROUND 3. In June 2012, after taking this case under jurisdiction, the City Council upheld the Planning Commission's decision and approved a new 4,527 square foot residence with 1,077 square foot garage, 479 square foot covered porches, service yard and future stable, in Zoning Case No. 830. The disturbed area of 39.9% for the stable and corral was included in the approval for the house. 4. The property is zoned RAS-1 and is located on the corner of Portuguese Bend Road and Saddleback Road. Not including the roadway easements, the lot is 1.20 acres. For development purposes the net lot area of the lot is 41,704 square feet or 0.95 acres. 5. The proposed stable and corral will be located to the south of the residence with access by a 10' wide gravel or D.G. pathway from Saddleback Road. The stable and corral will be located 25 feet from the rear setback, which is allowed for stables and corrals only, and will be 48' from the residence. 6. The Traffic Commission reviewed the stable approach from Saddleback Road on March 27, 2014 and recommended approval. The Traffic Commission also recommended that the access to the stable be 10' wide not 6' as proposed by the applicant. MUNICIPAL CODE COMPLIANCE 7. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter 17.18. The proposed stable will be one-story, and will consist of 1 stall, feed area, horse wash area, feed room and tack room. The corral is proposed to be 550 square feet. Pursuant to the zoning code requirements the following is applicable to this request: REQUIREMETNS PROPOSED Not less than 6' wide roughened access. Stable, corral not to be located on slopes greater than 4:1. Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure. Building to be designed for rural and agricultura] uses only, but may include storage of vehicles and household items. Size to include the entire footprint including loft, if any. Minimum of 60% shall be maintained for agricultural uses. ZC No. 853. Proposed 10' wide gravel or D.G. access. Grading, including the residence, for a total of 700 c.y. Stable and corral comply. 48' to residential structure -on subject property & 105' to nearest neighbor's house Building is proposed to look like a stable and be used for a stable and/ or storage. 450 sq.ft., no loft Agricultural spaces, including feed, wash, stall and covered isle will be 383 sq.ft. or r Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room. Tack room may have sanitary and kitchenette amenities. Tack room may have glazed openings. Entry doors to agricultural space to be min. 4'wide & 8' high; appearance of a stable door. Loft may be permitted. Loft plate height may not exceed 7'. Exterior area of stables may not to be paved. Corral shall be fenced. Access not to exceed 25%. Corral to be contiguous to stable. Planning Commission may determine the size of a coral based on the size of the stable. Commercial uses or sleeping is not allowed: 85.1%. Tack room comprises 67 square feet or 14.9% of the size of the structure No bathroom or kitchenette proposed at thi time Windows in tack room. Condition of approval. No loft. No loft Proposed gravel or D.G. Fenced corral proposed Access proposed bt. 10% and 12.5% grade. 550 s.f. corral contiguous to stable. Applicant is not proposing any commercial uses or sleeping in the stable. 8. The applicants engineer is proposing a modification to the previously proposed and approved grading scheme. With an addition of not to exceed 3'high planter wall along the side and front of the residence, less area would be graded, and therefore less area disturbed than previously approved. The disturbed lot area was approved at 16,648 square feet or 39.9%. The applicant is proposing to disturb 14,586 square feet of the lot for 35.00% disturbance, leaving the knoll along a portion of the area fronting Portuguese Bend Road undisturbed and in natural condition. 9. The proposed height of the stable will be 12'5 at the highest ridge and the roof will match the house at 4:12 roof pitch. 10. Utility lines to the stable and residence will be placed underground. 11. One building pad consisting of 8,229 square feet will be created. The coverage on this pad including all structures, minus the allowed deductions will be 6,179 square feet or 75.1 %, as previously approved. The flat area extends into the setback but it is not counted towards the building pad area. However that portion of the house that encroaches into setbacks is calculated towards building pad coverage. Much of the remaining of the lot, adjacent to the building pad area, is 11-12% in slope giving most of the lot a natural undulated look. 12. The structural net lot coverage is proposed at 6,631 square feet or 15.9% (20% max. permitted); and the total lot coverage proposed will be 11,867 square feet or 28.5% (35% max. permitted). ZC No. 853. • • 13. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for a Site Plan Review, Variance and Conditional Use Permit, and must find that the proposed uses are consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the uses will not adversely affect adjacent properties. 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZONING CASE NO. 853 SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easement Side: 20 ft. from side property line Rear: 50 ft. from rear property line STRUCTURES (Site Plan Review required if size of structure increases by 1,000 sq.ft.or more in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PADS (30% guideline) Residential /Stable/Pool pad GRADING Site Plan Review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq.ft.) DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded ZC No. 853. EXISTING SINGLE FAMILY RESIDENCE Residence 1,924 sq.ft. Garage 408 sq.ft Porch 385 sq.ft Stable 0 sq.ft. Trellis 46 sq.ft. Service 102 sq.ft. TOTAL 2,457 sq.ft. 5.5% proposed (house approved previously) NEW STABLE/CORRAL Residence 4,527 sq.ft. Garage 1,077 sq.ft. Stable- 450 sq.ft. Service yard 98 sq.ft. Porches 479 sq.ft. TOTAL 6,631 sq.ft 6,631 sq.ft.=15.9% of 41,704 sq.ft. net lot area 15.5% 12,867 sq ft. = 28.5% of 41,704 sq.ft. net lot area 6,179 sq.ft. =75.1 % 74.6% on 3,293 sq.ft. pad w/allowances on 8,299 sq.ft. pad N/A 350 c.y. cut and 350 c.y. fill, balanced on site 21.3% 14,586 sq.ft. or 35.0% of 41,704 sq.ft. net lot area. (previously approved- 16,648 sq.ft. or 39.9%) r SITE PLAN REVIEW EXISTING area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS N/A ROADWAY ACCESS Existing driveway (to the house) approach VIEWS PLANTS AND ANIMALS proposed (house approved previously) N/A 450 sq.ft. stable & 550 sq.ft. corral From Saddleback Rd. Existing driveway approach to be moved and widened N/ A Planning Commission review N/A Planning Commission review SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; ZC No. 853. • • 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and ZC No. 853. • • G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC No. 853. TO: Rae4t, qee4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 6B Mtg. Date: 05-20-14 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 853 6 PORTUGUESE BEND ROAD (LOT 22-RH) RA-S-1, 1.20 ACRES (EXCL. ROADWAY EASEMENTS) MR. AND MRS. TSERN-SHI CHANG MANNY MONTES, WPNA ARCHITECTURE APRIL 3, 2014 REQUEST AND RECOMMENDATION 1. The applicants, Mr. and Mrs. Chang, request a Conditional Use Permit to construct one story, 450 square foot stable with 550 square foot corral. Access to the stable will be from Saddleback Road. A grading modification from a total of 350 cubic yards to a total of 700 cubic yards is also requested as well as a Variance to construct a short planter wall in the front setback in order to reduce the disturbed area of the lot and retain the knoll along the front of the proposed house along portion of Portuguese Bend Road. The grading quantities include the previously approved development of a new residence. 2. The Planning Commission visited the project in the field on Tuesday, April 15, 2014 and directed staff to prepare a Resolution of approval. The direction was unanimous. Resolution No. 2014-09 contains standard findings and facts and conditions for a stable and the modification. 3. It is recommended that the Planning Commission review and consider the attached resolution for adoption. ZC No. 853 • • y THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION NO. 2014-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (CUP) FOR THE CONSTRUCTION OF A STABLE AND CORRAL AND 700 CUBIC YARD GRADING MODIFICATION AND A VARIANCE FOR NOT TO EXCEED 3' HIGH PLANTER WALL IN THE FRONT SETBBACK, IN ZONING CASE NO. 853, (LOT 22-RH), AT 6 PORTUGUESE BEND ROAD, ROLLING HILLS, CA. (CHANG). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Tsern-Shi Chang with respect to real property located at 6 Portuguese Bend Road requesting a Conditional Use Permit to construct a stable and corral, a Site Plan Review for grading modification of 700 total cubic yards of dirt and a Variance to locate a short planter wall in the front setback. The stable is proposed to be 450 square feet with a 550 square foot corral. Section 2 This proposal is subject to the 2010 adopted stable ordinance, which requires that all new stables over 200 square feet and corrals over 550 square feet be reviewed under the Conditional Use Permit process. Section 3. On July 8. 2013, after taking Case No. 830 under jurisdiction, the City Council adopted Resolution No. 1148, upholding the Planning Commission's decision of approval for a new 4,527 square foot residence with 1,077 square foot garage, 479 square foot covered porches, service yard and future stable. The disturbed area of 39.9% for the stable and corral was included in the approval for the house, however, with the subject modification, the disturbed area has been reduced to 35.0%. Section 4. The property is zoned RAS-1 and is located on the corner of Portuguese Bend Road and Saddleback Road. Not including the roadway easements, the lot is 1.20 acres. For development purposes the net lot area of the lot is 41,704 square feet or 0.95 acres. Section 5. The proposed stable and corral will be located to the south of the residence with access by a 10' wide gravel or D.G. (decomposed granite) pathway from Saddleback Road. The stable and corral will be located in the rear setback, 25 feet from the rear property line, which is allowed for stables and corrals only, and will be 48' from the residence. ,U Section 6. The Traffic Commission reviewed the stable access approach from Saddleback Road on March 27, 2014 and recommended approval of a 10' wide access. Section 7. The Planning Commission conducted duly noticed public hearings on the subject application on April 15, 2014 in the field and in the evening of that day. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and applicant's representative were in attendance at the hearings. Section 8. The Planning Commission finds that the project qualifies as a Class 3 categorical exemption from environmental review under the California Environmental Quality Act in that the proposal involves the construction of a new small structure (stable). Section 9. Section 17.18 of the Rolling Hills Municipal Code permits approval of a stable over 200 square feet and a corral over 550 square feet, provided the Planning Commission approves a Conditional Use Permit. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the construction of the stable would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, meets all the applicable code development standards for a stable, and the area is located in an area on the property that is adequately sized to accommodate the stable and adjoining corral. The proposed structure is appropriately located in that it will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters both on and off the project site. B. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed stable and corral orientation is not towards neighbors and its general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. No objections were received from nor did any adjacent or nearby neighbors attend the field trip meeting. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the stable complies with the low profile residential development pattern of the community and will not give the property an over -built look. The lot is sufficiently large to accommodate the proposed structure. The corral will maintain an open area of the property. 2 J • • D. The proposed conditional use complies with all applicable development standards of the zone district and requires a Conditional Use Permit pursuant to Section 17.18 of the Zoning Ordinance. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. Section 10. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any building or structure may be constructed. With respect to the Site Plan Review application for the grading in the front of the lot, the Planning Commission finds as follows: A. The proposed development is consistent with General Plan goals and policies and compatible with surrounding uses in that is a low profile, low -density residential development with sufficient open space between surrounding structures. The net lot area for development purposes is 41,704 square feet. The project will comply with both structural and combined structural/flatwork lot coverage limits, respectively of 20 and 35%. The development conforms to Zoning Code standards and objectives, except that the proposed grading modification will require construction of a planter wall within the front yard setback, requiring a Variance. As a result of the grading modification an existing knoll will be retained at the front of the home, which will enhance privacy and decrease the amount of lot disturbance from 39.9% to 35.0%. The construction of a stable and corral is consistent with the Municipal Code and promotes the equestrian character of the Community which is a primary goal of the General Plan. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the lot to look overdeveloped. The applicant is utilizing an area of the lot to develop the stable and corral that has the least amount of slope. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed stable and corral and planter wall structures will be constructed on a portion of the lot which is least intrusive to surrounding properties and are a sufficient distance from nearby residences. C. The proposed project is compatible with the policies and goals of the General Plan and the objectives of the Zoning Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict grading practices to preserve the community's natural terrain. The Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of soil, • • except under special circumstances applicable to a property and with a discretionary permission by the Planning Commission. The project conforms to all grading requirements, Zoning Code setbacks, (equestrian uses are allowed to encroach into the rear setback) and lot coverage requirements. D. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood and will substantially utilize the existing relatively flat area for the new stable construction. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles. As noted in Section 6 the new stable access approach off Saddleback Road has been approved by the City's Traffic Commission. Section 11. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.150 F and G is required to construct a maximum 3-foot high wall along the side and front of the residence to retain a knoll and reduce the disturbed area within the front setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other properties or class of use in the same vicinity and zone. The subject property, together with the adjoining properties, was developed on a small building pad with relatively steep slopes descending from Portuguese Bend Road. The proposed wall is necessary in the front yard to retain a knoll, thereby minimizing disturbance of the lot within the front yard setback area along almost the entire front and leading edge of the home previously approved. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Planning Commission considered the request for this Variance and reviewed the size and shape of the lot and the proposed development on the lot. The Planning Commission, after consideration and discussion, came to the conclusion that the size and configuration of the lot (being triangular in shape) as well as slope conditions in the front yard support the granting of the Variance. By granting this Variance the City is not setting a precedent for similar requests in the future because it makes its 4 • • determination on the unique characteristics of this property and the current circumstances. C. The granting of the Variance to allow a maximum 3 foot tall wall in the front yard area would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. In addition the subject wall will enable an existing knoll feature to remain and reduce the disturbed area of the lot. The additional graded area and wall are on a portion of the lot which is not intrusive to surrounding properties, and will provide screening from nearby residences and from the street so that the graded condition will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner consistent with the goals and policies of the General Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or the General Plan. Rather, the variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity, where the topography of the lots dictate grading requirements for property development. The height of the proposed wall (3 feet maximum) is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. E. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. F. 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. Section 12. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 853 including a Site Plan Review and Conditional Use Permit to allow a new stable and corral and a Variance to allow a maximum 3 foot tall wall within the front yard setback, subject to the following conditions: A. The Site Plan, Conditional Use Permit and Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.38.080 and 17.42.070 and 17.44.070, unless otherwise extended pursuant to the requirements of this section. • • B. It is declared and made a condition of this approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated March 19, 2014 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Variance, Site Plan Review and CUP approvals, herein as applicable, shall be incorporated into the building permit working drawings and complied with prior to issuance of a building permit from the building department. E. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. Structural lot coverage of the lot shall not exceed 6,631 square feet or 15.9% of the net lot area, in conformance with lot coverage limitations (20% maximum). G. The total lot coverage proposed, including structures and flatwork shall not exceed 12,867 square feet or 28.5%, of the net lot area, in conformance with lot coverage limitations (35% max). H. The disturbed area shall not exceed 35% of the net lot area and the grading shall consist of 350 cubic yards of cut and 350 cubic yards of fill, balanced on site. No import or export of dirt shall be permitted, except that export of dirt from excavation activities is allowed. I. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property. J. All utility lines to the stable shall be placed underground, subject to all applicable standards and requirements. 6 (723 • • K. A drainage plan, shall be prepared and approved by Building and Safety Drainage Engineer prior to issuance of a construction permit. Such plan shall be subject to County Code requirements and an approved copy submitted to the City. L. The property owners shall comply with the requirements of the Zoning Ordinance pertaining to roof covering (RHMC 17.16.190). M. The stable and corral shall comply with all standards and requirements of the Zoning Ordinance (RHMC 17.18) including but not necessarily limited to the following: 1. The stable and corral (including encircling fence) shall not be closer than 25-feet from the rear property line and shall maintain a distance of 35-feet to the residence. 2. The corral shall be pervious and if not in use for equestrian activities must remain pervious and may not be paved. The corral area shall be encircled or otherwise delineated by the applicant by installing a three rail fence, subject to the requirements of the Zoning Ordinance. 3. The stable uses are subject to the requirements of Section 17.18 of the RH Zoning Ordinance. N. The access approach to the stable and the corral area shall be taken from Saddleback Road and constructed in conformity with the plan approved by the Rolling Hills Traffic Commission on March 27, 2014, and shall have: a minimum width of 10 feet, impervious surface that is roughened in the apron area near Saddleback Road, a maximum slope of 25%, and a maximum slope of 7% within the first 20 feet. O. All graded areas (other than corral) shall be landscaped for erosion control. Any new trees introduced for this project shall be of species that at full growth will not be taller than the ridge line of the stable and shall be maintained at that height at all times. If landscaping of 5,000 square foot area or greater, other than the existing trees, is introduced for the stable and corral area, the landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance. P. Perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. Q. 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit prior to start of work. • • R. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. S. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. T. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management. U. The conditions of approval specified herein shall be printed on the construction plans submitted to the RHCA and building department for plan check and permitting. V. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional grading or structural development shall require the filing of a new application for approval by the Planning Commission. W. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. X. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF MAY 2014. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLERK 8 97 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2014-09 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (CUP) FOR THE CONSTRUCTION OF A STABLE AND CORRAL AND 700 CUBIC YARD GRADING MODIFICATION AND A VARIANCE FOR NOT TO EXCEED 3' HIGH PLANTER WALL IN THE FRONT SETBBACK, IN ZONING CASE NO. 853, (LOT 22-RH), AT 6 PORTUGUESE BEND ROAD, ROLLING HILLS, CA. (CHANG). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at regular meeting of the Planning Commission on May 20, 2014 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE, CITY CLERK 9 h • 8e-"f Ralluif gee4 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 8D Mtg. Date: 04-16-14 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 853 6 PORTUGUESE BEND ROAD (LOT 22-RH) RA-S-1, 1.20 ACRES (EXCL. ROADWAY EASEMENTS) MR. AND MRS. TSERN-SHI CHANG MANNY MONTES, WPNA ARCHITECTURE APRIL 3, 2014 REQUEST AND RECOMMENDATION 1. The Planning Commission visited the project in the field on Tuesday, April 15, 2014. 2. It is recommended that the Planning Commission review the staff report, resume the public hearing, take public testimony and provide direction to staff. 3. The applicants, Mr. and Mrs. Chang, request a Conditional Use Permit to construct one story, 450 square foot stable with 550 square foot corral. Access to the stable will be from Saddleback Road. The grading for the residence of 350 cubic yards of dirt and the location of the stable was previously approved as part of a Site Plan Review for the new residence. The applicant is also requesting a modification to the previously approved plan for grading consisting of total of 700 cubic yards of dirt, and construct a not to exceed 3' high planter wall along the side and front of the residence in order to reduce the disturbed area of the lot and retain the knoll along the front of the proposed house along portion of Portuguese Bend Road. The short wall would be in the front setback, therefore requires a Variance. ZC No. 853 • • BACKGROUND 4. In June 2012, after taking this case under jurisdiction, the City Council upheld the Planning Commission's decision and approved a new 4,527 square foot residence with 1,077 square foot garage, 479 square foot covered porches, service yard and future stable, in Zoning Case No. 830. The disturbed area of 39.9% for the stable and corral was included in the approval for the house. 5. The property is zoned RAS-1 and is located on the corner of Portuguese Bend Road and Saddleback Road. Not including the roadway easements, the lot is 1.20 acres. For development purposes the net lot area of the lot is 41,704 square feet or 0.95 acres. 6. The proposed stable and corral will be located to the south of the residence with access by a 10' wide gravel or D.G. pathway from Saddleback Road. The stable and corral will be located 25 feet from the rear setback, which is allowed for stables and corrals only, and will be 48' from the residence. 7. The Traffic Commission reviewed the stable approach from Saddleback Road on March 27, 2014 and recommended approval. The Traffic Commission also recommended that the access to the stable be 10' wide not 6' as proposed by the applicant. MUNICIPAL CODE COMPLIANCE 8 Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter 17.18. The proposed stable will be one-story, and will consist of 1 stall, feed area, horse wash area, feed room and tack room. The corral is proposed to be 550 square feet. Pursuant to the zoning code requirements the following is applicable to this request: REQUIREMETNS Not less than 6' wide roughened access. Stable, corral not to be located on slopes greater than 4:1. Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure. Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items. Size to include the entire footprint including loft, if any. Minimum of 60% shall be maintained for agricultural uses. ZC No. 853. l -2- PROPOSED Proposed 10' wide gravel or D.G. access. Grading, including the residence, for a total of 700 c.y. Stable and corral comply. 48' to residential structure -on subject property & 105' to nearest neighbor's house Building is proposed to look like a stable and be used for a stable and/or storage. 450 sq.ft., no loft Agricultural spaces, including feed, wash, stall and covered isle will be 383 sq.ft. or Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room. Tack room may have sanitary and kitchenette amenities. Tack room may have glazed openings. Entry doors to agricultural space to be min. 4'wide & 8' high; appearance of a stable door. Loft may be permitted. Loft plate height may not exceed 7'. Exterior area of stables may not to be paved. Corral shall be fenced. Access not to exceed 25%. Corral to be contiguous to stable. Planning Commission may determine the size of a coral based on the size of the stable. Commercial uses or sleeping is not allowed. 85.1%. Tack room comprises 67 square feet or 14.9% of the size of the structure No bathroom or kitchenette proposed at thi; time Windows in tack room. Condition of approval. No loft. No loft Proposed gravel or D.G. Fenced corral proposed Access proposed bt. 10% and 12.5% grade. 550 s.f. corral contiguous to stable. Applicant is not proposing any commercial uses or sleeping in the stable. 9. The applicants engineer is proposing a modification to the previously proposed and approved grading scheme. With an addition of not to exceed 3'high planter wall along the side and front of the residence, less area would be graded, and therefore less area disturbed than previously approved. The disturbed lot area was approved at 16,648 square feet or 39.9%. The applicant is proposing to disturb 14,586 square feet of the lot for 35.00% disturbance, leaving the knoll along a portion of the area fronting Portuguese Bend Road undisturbed and in natural condition. 10. The proposed height of the stable will be 12'5 at the highest ridge and the roof will match the house at 4:12 roof pitch. 11. Utility lines to the stable and residence will be placed underground. 12. One building pad consisting of 8,229 square feet will be created. The coverage on this pad including all structures, minus the allowed deductions will be 6,179 square feet or 75.1 %, as previously approved. The flat area extends into the setback, but it is not counted towards the building pad area. However that portion of the house that encroaches into setbacks is calculated towards building pad coverage. Much of the remaining of the lot, adjacent to the building pad area, is 11-12% in slope giving most of the lot a natural undulated look. 13. The structural net lot coverage is proposed at 6,631 square feet or 15.9% (20% max. permitted); and the total lot coverage proposed will be 11,867 square feet or 28.5% (35% max. permitted). ZC No. 853. • • 14. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for a Site Plan Review, Variance and Conditional Use Permit, and must find that the proposed uses are consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the uses will not adversely affect adjacent properties. 15. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZONING CASE NO. 853 SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easement Side: 20 ft. from side property line Rear: 50 ft. from rear property line STRUCTURES (Site Plan Review required if size of structure increases by 1,000 sq.ft.or more in a 36-month period). EXISTING SINGLE FAMILY RESIDENCE proposed (house approved previously) NEW STABLE/CORRAL Residence 1,924 sq.ft. Residence 4,527 sq.ft. Garage 408 sq.ft Garage 1,077 sq.ft. Porch 385 sq.ft Stable- 450 sq.ft. Stable 0 sq.ft. Service yard 98 sq.ft. Trellis 46 sq.ft. Porches 479 sq.ft. Service 102 sq.ft. TOTAL 2,457 sq.ft. TOTAL 6,631 sq.ft. STRUCTURAL LOT COVERAGE 5.5% (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PADS (30% guideline) Residential /Stable/Pool pad GRADING Site Plan Review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq.ft.) DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces ZC No. 853. 6,631 sq.ft.=15.9% of 41,704 sq.ft. net lot area 15.5% 12,867 sq ft. = 28.5% of 41,704 sq.ft. net lot area 6,179 sq.ft. =75.1% 74.6% on 3,293 sq.ft. pad w/allowances on 8,299 sq.ft. pad N/A 350 c.y. cut and 350 c.y. fill, balanced on site 21.3% 14,586 sq.ft. or 35.0% of 41,704 sq.ft. net lot area. (previously approved- 16,648 sq.ft. or 39.9%) 4 • • SITE PLAN REVIEW EXISTING exist.) STABLE (min. 450 SQ.FT. N/A & 550 SQ.FT. CORRAL) STABLE ACCESS N/A ROADWAY ACCESS Existing driveway (to the house) approach VIEWS N/A PLANTS AND ANIMALS N/A proposed (house approved previously) 450 sq.ft. stable & 550 sq.ft. corral From Saddleback Rd. Existing driveway approach to be moved and widened Planning Commission review Planning Commission review SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible ZC No. 853. • • with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B.' That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC No. 853.