835, 900 sq. ft. stable, tack room , Resolutions & Approval Conditions• •
RESOLUTION NO. 2013-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT TO CONSTRUCT A STABLE WITH COVERED PORCH AND A
CORRAL AND GRANTING A VARIANCE TO ENCROACH WITH A
PORTION OF THE CORRAL FURTHER INTO THE REAR SETBACK
THAN PERMUTED IN ZONING CASE NO. 835 AT 0 CHESTNUT
LANE, (LOT 241-A-1MS), (TAKAHASHI). THE PROJECT HAS BEEN
DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Takahashi with
respect to real property located at 0 Chestnut Lane (Lot 241-A-1-MS), .Rolling Hills, CA
requesting a Conditional Use Permit to construct a 900 square foot stable with 192
square foot covered porch and a 3,008 square foot corral, of which 1,850 square feet
would encroach further into the rear setback than allowed. Pursuant to the Zoning
Ordinance, stables and corrals may be located 25-feet from the rear property line,
however the proposed corral would be located 10 feet from the rear property line, which
requires a Variance.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on February 19, 2013 and April 16, 2013 and at a field trip
visit on April 16, 2013. 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 applicants'
representative and one neighbor were in attendance at the hearings.
Section 3. The property is zoned RAS-2 and consists of 2.35 acres gross
(102,366 sq. ft.) and 2.05 acres net (89,440 sq.ft.). The property is currently developed wit
a 4,320 square foot new residence with 885 square foot garage, 466 square foot
swimming pool/spa in the front yard area and a service yard. No grading is proposed
with this development.
Section 4. The Planning Commission finds that the project qualifies as Class 3
exemption from environmental review under the California Environmental Quality Act.
Section 5. 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. Conditionally permitted uses are not outright permitted by the Rolling
Hills Municipal Code. The Commission must consider applications for conditional use
permit and may, with such conditions as are deemed necessary, approve a conditional
use which will not jeopardize, adversely affect, endanger or to otherwise constitute a
menace to the public health, safety or general welfare or be materially detrimental to the
property of other persons located in the vicinity of such use.
B. The granting of a Conditional Use Permit for the construction of the stable
and corral 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 corral,
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.
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C. 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. Condition
has been added tot his approval that if threes or shrubs are planted, they shall not block
the view from adjacent properties. The proposed stable and corral are to be located on an
already graded area, therefore preserving the natural terrain of the remaining of the
property.
D. 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, and the corral area will remain open and unobstructed. The lot is 2.05
acres net in size and is sufficiently large to accommodate the proposed structure.
E. 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.
F. 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 6. Sections 17.38.010 through 17.38.050 of the Code permit approval of
a variance from the standards and requirements of the Zoning Ordinance when, due to
exceptional or extraordinary circumstances applicable to the property and not applicable
to other similar properties in the same zone, strict application of the Code would deny
the property owner substantial property rights enjoyed by other properties in the same
vicinity and zone. The applicant seeks a variance from the requirement that stable and
corrals may be located up to 25-foot from the rear property line, where as the proposed
corral would be located 10 feet from the rear property line, (Section 17.18.090). 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 or to the intended use that do not apply generally to the other
property or class of use in the same zone because the lot was previously graded to allow
for a stable and corral in the rear yard area. The topography of the lot together with the
fact that the existing stable pad and residence are located in the rear of the lot create
difficulty in constructing a stable and corral elsewhere on the property.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, but
which is denied to the property in question because due to the existing grade, irregular
lot configuration it would be a hardship to locate the corral elsewhere and still meet the
distance separation between structures. The expansive open space in the front
comfortably supports a stable and corral in the rear. The limited depth of the property
and slopes in the front places a hardship on locating the stable and corral in the side or
front areas. The proposed corral is to be located on an already graded area, therefore
preserving the natural terrain of the remaining of the property.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone in
which the property is located because a corral would not affect any neighbor's views and
therefore property value and would be screened from the street. Development of the
corral in the rear yard setback will allow substantial portion of the front of the lot to
remain undeveloped.
E. 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.
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F. The variance request is consistent with the General Plan. The proposed
project, together with the variance, will be compatible with the objectives, policies,
general land uses and programs specified in the General Plan and will uphold the City's
goals to protect and promote construction of equestrian facilities.
Section 7. Based upon the foregoing findings in Section 5 and 6, the Planning
Commission hereby approves Zoning Case No. 835 a Conditional Use Permit for a stable
and corral and a Variance to locate the corral in the rear yard setback, not less than 10'
from the rear property line, subject to the following conditions:
A. The Conditional Use Permit and Variance approvals shall expire within two
years from the effective date of approval as defined in Sections 17.38.070 and 17.42.070,
unless otherwise extended pursuant to the requirements of this section.
B. It is declared and made a condition of this approval that if any conditions
thereof are violated, this approvalshall 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 conditions of approval specified herein shall be printed on the
construction plans submitted to the buidling department for plan check and permitting
and shall be available at all time at the construction stie.
E. The lot shall be developed and maintained in substantial conformance with
the site plan on file dated April 10, 2013 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 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.
F. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be submitted
to City staff for verification that the final plans are in compliance with the plans
approved by the Planning Commission.
G. The licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects to this Resolution approving this project and all of the conditions set forth
therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building and/ or grading permit for this project
shall execute a Certificate of Construction stating that the project will be constructed
according to this Resolution and any plans approved therewith.
H. Structural lot coverage of the lot shall not exceed 8,768 square feet or 9.8%
of the net lot area, in conformance with lot coverage limitations (20% maximum).
I. The total lot coverage proposed, including structures and flatwork shall
not exceed 21,399 square feet or 23.9%, of the net lot area, in conformance with lot
coverage limitations (35% max).
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J. There shall be no grading for this project. The disturbed area of the lot shall
remain as currently graded, and shall not exceed 55.5% of the net lot area, as previously
approved.
K. The existing stable and corral pad shall not be enlarged or further encroach
into the setback. The building pad coverage on this pad shall not exceed 44.5%.
L. 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 and
roof covering (RHMC 17.16.190), as well as all other development standards.
M. All utility lines to the stable shall be placed underground.
N. A drainage plan, if required by the Building Department shall be prepared
and approved by City Staff prior to issuance of a construction permit. Such plan shall be
subject to County Code requirements.
O. The stable uses, interior and exterior design are subject to the requirements
of Section 17.18.060 of the RH Zoning Ordinance. The surface of the corral, paddock and
areas adjacent to the agricultural portion of the stable shall remain permeable at all
times. The access to the stable shall be roughened and shall not be entirely paved. The
access may not exceed 25% in slope.
Should the cupola be constructed, it shall be moved in a north- easterly direction,
so as not to be in the neighbors' view and a revised plan submitted.
P. Prior to obtaining a building permit, the applicant shall submit for staff'
review a plan of the access to the stable, including type of surface used.
Q. If trees or shrubs are planted with this project, they shall be of a type that
do not grow higher than the ridge line of the stable and shall be maintained at such
height at all times, so that not to impair neighbors' view. The landscaping, if planted,
shall include native drought -resistant vegetation and be planted in an offset manner so
that not to result in a hedge like screen.
R. 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, landscaping, irrigation and drainage devices, except as
otherwise approved by the Rolling Hills Community Association.
S. 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.
T 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.
U. 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.
V. 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. The stable bathroom facility shall be connected to the
existing sewer line on the property.
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W. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property or this project, which would
constitute additional grading or structural development shall require the filing of a
new application for approval by the Planning Commission.
X. 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.
Y. 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 21st DAY OF MAY 2013.
AD CHE'LF, CHAIRM
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §8
I certify that the foregoing Resolution No. 2013-08 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO
CONSTRUCT A STABLE WITH COVERED PORCH AND A CORRAL AND
GRANTING A VARIANCE TO ENCROACH WITH A PORTION OF THE CORRAL
FURTHER INTO THE REAR SETBACK THAN PERMITTED IN ZONING CASE
NO. 835 AT 0 CHESTNUT LANE, (LOT 241-A-1MS), (TAKAHASHI). 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 21, 2013 by the following roll call vote:
AYES: Commissioners Henke, Mirsch, Smith and Chairman Chelf.
NOES:
ABSENT:
ABSTAIN:
None.
None.
None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
amain)
HEIDI LUCE, DEPUTY CITY CLERK
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